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READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.

Parties:
Released Parties include the City of Evansville, the Evansville Police Department, the Evansville Police Department Foundation, and their respective directors, officers, employees, agents, contractors, insurers, spectators, co-participants, equipment suppliers; volunteers; and all event sponsors, organizers, promoters, directors, officials, property owners, and advertisers; governmental bodies and/or municipal agencies whose property and/or personnel are used; and any and all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives of any of the foregoing.

Releasing Parties include the participant as well as participant’s spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on participant’s behalf.

Assumption of Inherent Risks:
The SWAT Challenge event (hereafter referred to as the SWAT event) is meant to be an extreme test of toughness, strength, stamina, camaraderie, and mental grit that takes place in one place in one day. It is not a race against other contestants, but rather a competition with oneself and the course. The object is to complete the course. Venues are part of the challenge and usually involve hostile environments that might include extreme heat or cold, snow, fire, mud, extreme changes in elevation, and water. Some of the activities include runs, military style obstacles, going through pipes, traversing cargo nets, climbing walls, throwing or carrying or getting hit with heavy objects. In summation, the SWAT event is a hazardous activity that presents the ultimate physical and mental challenge to participants.

I acknowledge that the SWAT event is an extreme test of my physical and mental limits that carries with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely (without changing the challenging nature of the SWAT event) regardless of the care and precautions taken by the Released Parties). I also understand that it is extremely strenuous with the accompanying risks and dangers generally present in such activities.  I understand that these hazards may be magnified due to the fact that the SWAT event is often conducted under what may be extreme conditions and circumstances.

I understand and acknowledge that the inherent risks include, but are not limited to: 1) contact or collision with persons or objects (e.g., collision with spectators or course personnel), contact with other participants, contact or collision with motor vehicles or machinery, and contact with natural or man-made fixed objects or obstacles; 2) encounter with obstacles (e.g., natural and man-made water, road and surface hazards, close proximity and/or contact with thick smoke and open flames, barbed wire, pipes, and electric shocks); 3) equipment related hazards (e.g., broken, defective or inadequate competition equipment, unexpected equipment failure, imperfect course conditions); 4) weather-related hazards (e.g., extreme heat, extreme cold, humidity, ice, rain, fog); 5) inadequate or negligent first aid and/or emergency measures; 6) judgment- and/or behavior-related problems (e.g., erratic or inappropriate co-participant or spectator behavior, erratic or inappropriate behavior by the participant, errors in judgment by personnel working the event; and 7) natural hazards (e.g. uneven terrain, rock falls, lightning strikes, earthquakes, wildlife attacks, contact with poisonous plants, marine life and/or ticks).

I further understand and acknowledge that any of these risk and others, not specifically named, may cause injury or injuries that may be categorized as minor, serious, or catastrophic. Minor injuries are common and include, but are not limited to: scrapes, bruises, sprains, strains, muscle tension and soreness, nausea, cuts, sunburn, abrasions, grazes, lacerations, and contusions. Serious injuries are less common, but do sometimes occur. They include but are not limited to property loss or damage, broken bones, fractures, torn or strained ligaments and tendons, concussions, exposure, dehydration, heat exhaustion and other heat-related illnesses, mental stress or exhaustion, infection, vomiting, dislocations, hyperthermia, hypothermia, anemia, electrolyte imbalance, loss of consciousness, syncope, dizziness, fainting, seizures, electric shock and/or injury, and neurological disorders/pain. Catastrophic injuries are rare; however, we feel that our participants should be aware of the possibility. These injuries can include, but are not limited to, permanent disabilities, stroke, single or multiple organ failure or dysfunction, physical damage to organs, spinal injuries, paralysis, heart attack, heart failure, blood cell disorder, brain swelling, and even death.

I also understand that it is my responsibility to consult with my personal physician prior to participating in the SWAT event to ensure that such participation will not pose any unusual risks to my health and well-being.

I understand that it is my responsibility to inspect the Course, facilities, equipment, and areas to be used, and if I believe or become aware that any are unsafe or pose unreasonable risks, I agree to immediately notify appropriate personnel. By participating in the event, I am acknowledging that I have found the course, facilities, equipment, and areas to be used to be safe and acceptable for participation. I accept full and sole responsibility for the condition and adequacy of my equipment.

I understand fully the inherent risks participating in the SWAT event and assert that I am willingly and voluntarily participating in the event. I have read the preceding paragraphs and acknowledge that 1) I know the nature of the SWAT event; 2) I understand the demands of this activity relative to my physical condition; and 3) I appreciate the potential impact of the types of injuries that may result from the SWAT event. I hereby assert that I knowingly assume all of the inherent risks of the activity and take full responsibility for any and all damages, liabilities, losses, or expenses that I may incur as a result of participating in the SWAT event.

Waiver of Liability for Ordinary Negligence:
In consideration of being permitted to participate in the SWAT event, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I (on behalf of the Releasing Parties) hereby forever waive, release, covenant not to sue, and discharge the Released Parties from any and all claims resulting from the INHERENT RISKS of the SWAT event or the ORDINARY NEGLIGENCE of the Released Parties that I may have arising out of my participation in the SWAT event.

This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from the SWAT event participation, which includes injury during course inspection, observation, practice runs, the event, medical treatment, and while on the premises (including, but not limited to base area, stands, sidewalks, parking areas, sponsor promotions, restrooms, first-aid tents, and dressing facilities); and 2) any and all claims resulting from damage to, loss of, or theft of property.

Indemnification Agreement:
In consideration of being permitted to participate in the SWAT event and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby agree to hold harmless, defend and indemnify the Released Parties from and against: 1) Any and all claims made by me (or any Releasing Party) arising from injury or loss due to my participation in the SWAT event; and 2) Against any and all claims of co-participants, rescuers, and others arising from my conduct in the course of my participation in the SWAT event. For the purposes hereof, “claims” include all actions and causes of action, claims, demands, losses, costs, expenses and damages, including legal fees and related expenses.  This indemnity shall survive the expiration of the SWAT event.

Other Agreements:
Venue and Jurisdiction: I understand that if Mediation proves unsuccessful and legal action is brought, the appropriate state or federal trial court for the state in which the SWAT event is held has the sole and exclusive jurisdiction and that only the substantive laws of the State in which the SWAT event is held shall apply.

Severability: I understand and agree that this Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the state in which the SWAT event is held and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Integration: I affirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire Agreement between me and the Released Parties and cannot be modified or changed in any way by representations or statements by any agent or employee of the Released Parties. This Agreement may only be amended by a written document duly executed by all parties.

Agreements for the Protection of Participants:
    •    I represent and warrant that I am in good health and in proper physical condition to safely participate in the SWAT event. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in the SWAT event, or that would result in my participation creating a risk of danger to myself or to others.

    •    I represent and warrant that I am in full command of my faculties and am not under the influence of alcohol or drugs.

    •    I agree not to participate in a SWAT event while under the influence of alcohol and/or drugs.

    •    I acknowledge that  the Released Parties  recommend and encourage each client to get medical clearance from his/her personal physician prior to participation.

    •    I assert that I have not been advised or cautioned against participating by a medical practitioner.

    •    I  understand  that  it  is  my  responsibility  to  continuously  monitor  my  own  physical  and  mental condition during the Course, and I agree to withdraw immediately and notify appropriate personnel if

at any point my continued participation would create a risk of danger to myself or to others.
    •    I represent and warrant that I am covered by medical insurance.

    •    In the event of an injury to me that renders me unconscious or incapable of making a medical decision, I authorize appropriate Released Parties’ personnel and emergency medical personnel at the

event to make emergency medical decisions on my behalf (including, but not limited to CPR and
AED).
    •    I authorize the Released Parties to secure emergency medical care or transportation (i.e., EMS) when deemed necessary.

    •    I agree to assume all costs of emergency medical care and transportation.

    •    I acknowledge that the Released Parties have instituted their rules for the protection of the participant and co-participants. I agree to familiarize myself with those rules and follow them throughout the event. I also recognize the authority of the Released Parties to halt my participation (and, if necessary, have me removed from the premises) if my participation, conduct, or presence endangers myself or my co-participants.


Entry and Participation Agreements:
Rules: I agree to become familiar with and abide by all written and/or posted rules of the Released Parties, as well as all written and/or posted rules of the Venue.   I further agree to comply with all directions, instructions and decisions of the Released Parties and Venue personnel. I further agree not to challenge these rules, directions, instructions, or decisions on any basis at any time.

Emergency Delay or Cancellation:   I acknowledge that the Released Parties at their sole discretion may delay, modify, or cancel the SWAT event if conditions or natural or man-made emergencies make administering the event unreasonably difficult or unsafe.

Removal from Course: I understand that the Released Parties and Venue personnel may immediately cause anyone who disobeys any rules, directions, instructions, decisions, or laws, or whose behavior endangers safety or negatively affects a person, facility, or property of any type or kind, to be removed from the Course.

Alcohol & Drugs: I certify that I am not, and on the date of the SWAT event will not be, under the influence of alcohol or any non-prescription drugs that would in any way impair my ability to safely participate in the SWAT event. I further understand that the consumption any alcohol and any illicit or illegal drugs or substances during the SWAT event is strictly prohibited.  
Specific Rules: I specifically acknowledge and agree to abide by the following rules: 1) no urination or defecation is permitted outside of designated areas; 2) no wheeled conveyances or pets are allowed in the Course at any time; 3) no clothing, props or equipment that pose an unnecessary risk to participants, spectators or personnel are permitted; and 4) obey civil and criminal laws including traffic laws.

Majority Age: I affirm that I have reached majority age (or will have reached that age by the date of the SWAT even. Majority age is 18 in all states except Alabama (age 19), Missouri (age 19), Nebraska (age 19), and Mississippi (age 21).

Acknowledgment of Understanding: I have read this Assumption of Risk, Waiver of Liability, and Indemnification Agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I further acknowledge that I am freely and voluntarily signing the agreement and participating in the SWAT event, and intend my signature to be a complete and unconditional release of all liability due to ORDINARY NEGLIGENCE of the Released Parties or the INHERENT RISKS of the activity, to the greatest extent allowed by law in the State in which the SWAT event is held.