WAIVER
AGREEMENT / RELEASE OF LIABILITY
In consideration of being
allowed to participate in any way in the above referenced BATTLE 6:11
competition(s), race(s), workouts, RUCK(s) related events (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 with Battle 6:11,
BATTLE RUCK, BATTLE RACE and the Events being placed 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, biking, hiking, skiing, snow shoeing, 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 OPPORTUNITY TO FULLY INFORM MYSELF ABOUT THE EVENTS, I
KNOWINGLY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN,
and assume full responsibility and all risks for my participation with any of
the event(s) or activity involving BATTLE 6:11. 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,
RELEASE, DISCHARGE and COVENANT NOT TO SUE BATTLE 6:11, BATTLE RUCK, BATTLE
RACE , SPARTAN RACE, SPARTAN SGX, SPONSORS AND ALL INVOLVED IN THE EVENTS and
their officers, directors, representatives, officials, principals, agents
and/or employees, 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 Events
(collectively, the "Releasees"), WITH RESPECT TO ANY AND ALL INJURY,
DISABILITY, DEATH, and/or loss or damage to person or property, incurred by me
in connection with participation in the Events. 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 and sponsored by the Battle 6:11 and/or connected with the
Events. 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 or sponsored by
BATTLE 6:11 is entirely voluntary. I further certify and represent that on the
dates of the Events / trainings / classes 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 Events or related
activity for 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 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 connection 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. Inconsideration 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 CLICKING AGREE AND
FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT WITHIN THE NEXT 12 MONTHS.
ACCEPT THE TERMS BY CLICKING AGREE