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) neardrowning;
(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., MOUNTAIN CREEK RESORT, INC.,
MOUNTAIN CREEK MANAGEMENT, THE STATE OF NEW JERSEY , 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 any
person’s (including his or 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.
(12) CHOICE OF VENUE-SUSSEX COUNTY. I AGREE
that any and all disputes between myself and Mountain Creek arising from
my participation in the event shall be GOVERNED BY THE LAWS OF
THE STATE OF NEW JERSEY and the EXCLUSIVE JURISDICTION thereof will be
in the state or federal courts of the STATE OF NEW JERSEY and venue in
the state Court shall be SUSSEX
COUNTY, NEW JERSEY.
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.