In
consideration of being allowed to participate in any way in the above referenced
competition, race, related event (the “Event”) and or/activities, I, the
undersigned, acknowledge, covenant and agree that:
1.
The risk of injury and/or death from the
activities involved in the Triple Threat is significant including, but not
limited to the following: (i) drowning; (ii) near-drowning; (iii) sprains; (iv)
strains; (v) fractures; (vi) heat and cold injuries (vii) over-use syndrome;
(viii) injuries involving vehicles; (ix) animal bites and/or stings; (x)
contact with poisonous plants; (xi) accidents involving, but not limited to
paddling, climbing, hiking, travel by boat, truck, car or other convenience;
(xii) heart attack and (xiii) the potential for permanent paralysis and/or
death. While particular rules, equipment, and personal discipline may reduce this
risk, the risk of death or serious injury does exist;
2.
AFTER OPPORUTNITY TO FULLY INFORM MYSLEF
ABOUT THE EVENT, I KNOWINGLY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH
KNOWN AND UNKNOWN, and assume full responsibility and all risks for my participation
in the Event;
3.
I voluntarily agree to comply with the
stated and customary terms and conditions for participation. If, however, I observe any unusual and/or
significant hazard during my presence or participation, I will remove myself
from participation and bring such hazard to the attention of the nearest
official;
4.
I, for myself and on behalf of my heirs,
assigns, personal representatives and/or next of kin, forever WAIVE, RELASE,
DISCHARGE and COVENANT NOT TO SUE Triple Threat, Unicoi County Chamber of
Commerce, Mountain River Guides dba USA Raft, Brett Forney Fitness or We Run
Events and their officers, directors, representatives, officials, principals,
agents and/or volunteers, subsidiaries, and/or assigns, as well as their
independent contractors, sponsoring agencies, sponsors, advertisers,
volunteers, and if applicable, owners and lessors of the premises used to
conduct the Event (collectively, the “Releasees”), WITH RESPECT TO ANY AND ALL
INJURY, DISABILITY, DEATH, and/or damage to person or property, incurred by me
in connection with participation in the Event. I further agree to indemnify,
defend and hold harmless Releasees from any loss, liability, cost, claim or
damages arising from my participation in or association with activities and
events organized as part of the Triple Threat.
5.
I attest and verify that, unless
otherwise indicated below, I am over 18 years of age, am free from all
illnesses, injuries and defects that could interfere with my safe participation
in the Event and that I am physically fit and sufficiently trained to
participate in all activities associated with the Event. My participation in activities and events
organized as part of the Triple Threat is entirely voluntary. I further certify and represent that on the
date of the Event I will possess and be covered by medical/health insurance,
individually or as part of an organization.
6.
I consent to administration of first aid
and other medical treatment in the event of injury or illness and hereby
release and indemnify Releasees from any and all liability or claims arising
out of such treatment.
7.
The Releasees reserve the right, in
their sole and absolute discretion, to postpone, cancel, or modify the event
due to weather conditions, Acts of God or other factors beyond the control of
the Releasees that might affect the health and/or safety of the participants. No refunds will be granted.
8.
I irrevocably grant unlimited permission
to Releasees, to use, reproduce, sell and distribute any and all photographs,
images, videotapes, motion pictures, recordings, or any other depiction of any
kind of me or of my participation in the Event or related activity of any
legitimate purpose in perpetuity and I understand that I shall not be entitled
to any compensation therefore.
9.
I hereby irrevocably and absolutely
grant permission to the Releasees to film, videotape and record gratis the
performance of the above named participant (referred to herein as “I”, “me”,
“my”) in the Event and subsequently to telecast, sell, distribute and to
otherwise utilize the same in whatever manner Releasees shall deem appropriate. Such permission shall include granting the
unlimited and irrevocable right to Releasees, without compensation of any kind
to me, to use, reproduce or broadcast, my name, nickname, image, likeness,
voice, photograph, signature facsimile, and biographical information in
connections with the Event without compensation of any kind to me. I acknowledge that Releasees and their
representatives shall have the unlimited right throughout the world to
copyright, use, reuse, publish, republish, broadcast and otherwise distribute
depictions of or information about me and all or any portion of the Event in
which I 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 hereinafter devised in perpetuity and without
compensation to me. In consideration and
in return for being allowed to participate in the Event, I release and agree
not to sue the Releasees from all present and future claims regarding my participation
in the Events that may be made by me, my family, estate, heirs or assigns.
I
HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY
UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY
SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.