SPARTAN RACE SERIES
WAIVER, RELEASE OF LIABILITY, COVENANT NOT TO SUE & IMAGE RELEASE
In consideration of my (“I”, “my” or “myself”) and/or on behalf of my
child/ward’s (each a “Ward”) participation as a competitor, volunteer (or other
staff member) and/or spectator (any of the foregoing, a “Participant”) in a
Spartan Race, Spartan Kids’ or Varsity Race, Spartan workout or other
Spartan-owned, operated, licensed or sponsored event(s) (any of the foregoing
and any ancillary events/activities/operations related thereto, an “Event”), I,
on behalf of myself and Ward, acknowledge, accept and agree the following:
(1) The risk of serious injury and/or death from the activities involved
participating in any Event, as a Participant, is significant and may include,
without limitation, the following: (i) drowning; (ii) near-drowning; (iii)
sprains; (iv) strains; (v) fractures; (vi) heat and cold injuries, including
burns, heat-related illness and hypothermia; (vii) over-use syndrome; (viii)
injuries involving the acts or omissions of other Event participants or
vehicles; (ix) animal bites and/or stings; (x) contact with poisonous plants;
(xi) accidents involving, but not limited to, paddling, climbing, biking,
hiking, skiing, snow shoeing, travel by boat, truck, car or other convenience,
falling from heights; (xii) heart attack; (xiii) diseases from exposure to
fecal contaminated water or slurry; (xiv) permanent paralysis; and/or (xv)
death. While particular rules, equipment and/or personal discipline may reduce
this risk, the risk of serious injury and/or death does exist.
(2) AFTER OPPORTUNITY TO FULLY INFORM MYSELF ABOUT AN EVENT, ON BEHALF OF
MYSELF AND MY WARD, I (undersigned) KNOWINGLY, VOLUNTARILY AND FREELY ASSUME
AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE
NEGLIGENCE OR ACT OR OMISSIONS OF THE RELEASEES, as hereinafter defined, or
others, and assume full responsibility and all risks for myself and/or my
Ward’s participation in the Event.
(3) I knowingly and voluntarily agree to comply with any stated customary terms
and conditions (which have been made available to me) for Participant’s
participation in an Event. If, however, I observe an unusual and/or significant
hazard during my presence at the Event, I will remove myself or my Ward from
participation and bring such hazard to the attention of the nearest Event
official.
(4) To the fullest extent permissible by applicable law, I, on behalf of
myself, and/or my Ward (if applicable), and our respective heirs, assigns,
spouses, partners, personal representatives and/or next of kin, forever WAIVE,
RELEASE, DISCHARGE and COVENANT NOT TO SUE SPARTAN RACE, INC., REEBOK,
INTERNATIONAL LTD., REEBOK INTERNATIONAL LIMITED, NBC SPORTS VENTURES, LLC,
EVENT MEDIC NY, INC., GLOBAL RESCUE LLC, OMNES, LLC, AND THE APPLICABLE VENUE
OWNER(S) OR OPERATOR(S) and their respective owners, officers,
directors, employees, contractors, representatives, agents and affiliates
and, as applicable, any direct or indirect parent or subsidiary, predecessor,
successor, heir, assign, media partners, associated charity, sponsor or medical
providers of any of the foregoing (collectively, the “Releasees”) WITH
RESPECT TO ANY SUITS, CLAIMS, OR LOSS AND ALL INJURY, DISABILITY, DEATH, AND/OR
LOSS OR DAMAGE TO PERSON OR PROPERTY, IN CONNECTION WITH MY OR MY WARD’S
PARTICIPATION IN THE EVENT, WHETHER ARISING FROM THE NEGLIGENCE OR WILLFUL
CONDUCT OF THE RELEASEES OR OTHERWISE. I further agree to indemnify,
defend and hold harmless Releasees from any loss liability, cost, claim and/or
damages arising from Participant’s participation in or association with the
Event, including, but not limited to, reasonable attorney’s fees.
(5) I, on behalf of myself, and/or my Ward, attest and verify that: (i) unless
indicated below, I am over 18 years of age and am legally signing on behalf of
myself or, if applicable, Ward; (ii) Participant is free from all illnesses,
injuries and defects that could interfere with his/her safe participation in an
Event; (iii) Participant is physically fit and sufficiently trained to
participate in all activities associated with the Event; and (iv) on the date
of the Event, Participant will possess and be covered by medical/health
insurance, individually or as part of an organization. I acknowledge that
Participant, and I, as Ward’s parent/ legal guardian (if applicable), am aware and
informed of the inherent risks in participating in the Event and that
Participant’s participation in an Event is entirely voluntary.
(6) I, on behalf of myself, and/or my Ward, consent to administration of first
aid and other medical treatment and related services, including
evacuation/transport, in the event of injury or illness in connection with
participation in the Event and hereby release and indemnify Releasees from any
and all liability or claims arising out of such treatment and/or services.. I
further consent and agree to obtain, furnish and allow, if required, the use
and disclosure of my personal health information by such providers in
connection with rendering services and or treatment, and to sign any additional
documents that may be requested by such providers, in connection such
information or services.
(7) The Releasees reserve the right, in their sole determination, to postpone,
cancel, or modify the Event due to weather conditions or other factors beyond
the control of the Releasees that might affect the health and/or safety of
Participants. Spartan Race, Inc. will not be obligated to refund any
Participant any registration fees due to a cancelled Event.
(8) I, on behalf of myself, and, if applicable, my Ward, irrevocably grant
unlimited permission to Releasees to use, reproduce, sell, disseminate and
distribute any and all photographs, images, videotapes, motion pictures,
recordings, or any other depiction of any kind of Participant or my or Ward’s
participation in an Event or related activity for any legitimate purpose in
perpetuity and I understand that Participant will not be entitled to any
compensation in connection therewith. I further hereby irrevocably and
absolutely grant permission to the Releasees to film, videotape and record the
performance of the Participant in the Event and subsequently to telecast, sell,
distribute and otherwise utilize the same in whatever manner Releasees shall
deem appropriate. Such permission shall include granting the unlimited and
irrevocable rights to Releasees, without compensation of any kind to
Participant, to use, reproduce or broadcast, Participant’s name, nickname,
image, likeness, voice, photograph, signature facsimile, and biographical
information in connection with the Event. I acknowledge that Releasees shall
have unlimited right throughout the world to copyright, use, reuse, publish,
republish, broadcast and otherwise distribute depictions of or information
about Participant and all or any portion of the Event in which Participant may
appear on any and all radio, network, cable and local television programs and
in any print materials and in any other format or media (including electronic
media) now known or hereafter devised in perpetuity and without compensation to
Participant.
(9) In consideration and in return for being allowed to participate in the
Event, Participant releases and agrees not to sue the Releasees from all
present and future claims regarding Participant’s participation in events
organized by the Releasees, including the Event, by Participant and his/her
heirs, assigns, spouses, partners, personal representatives and/or next of kin.
(10) If any of the provisions of this Waiver, Release of Liability, Covenant
Not To Sue & Image Release (“Waiver”) shall be deemed by a court of
competent jurisdiction invalid or unenforceable in any respect, then, to the
fullest extent permitted by applicable law, all other provisions hereof shall
remain in full force and effect.
(11) FOR ELITE AND OTHER PARTICIPANTS COMPETING FOR CASH PRIZES ONLY: I
voluntarily consent to have a sample of my urine collected at such times as
testing is performed by Spartan or its agents. I further understand that
certain prescription and/or over-the-counter drugs that I may be taking can
affect the results of these tests and that I will inform Spartan prior to
testing of any prescription and/or over-the-counter drugs that I am
taking. I further authorize the release of all information and records,
including test results relating to the screening or testing of my urine
sample(s) to Spartan or its agents. Spartan and its officers, employees, and
agents are hereby released from legal responsibility or liability in connection
with any testing and for the release of such information and records as authorized
by this Waiver.
I HAVE READ AND FULLY UNDERSTAND THIS WAIVER. I UNDERSTAND THAT I HAVE GIVEN
UP, ON BEHALF OF MYSELF AND MY WARD, SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN
IT FREELY AND VOLUNTARILY.