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. I agree that the risks from participation in the Event include, but are
not limited to, those listed above or risks that can be reasonably inferred
from those risks or from participation, and that these risks are inherent to
and both obvious and necessary to the Event. By freely and voluntarily
acknowledging all suck risks, I agree that I will not make any claim nor bring
any suit for damages, injury or death to myself or my ward which results from
participation in the Event including, but not limited to, those damages and
injuries arising from or related to any risks and inherent risks, as described
herein.
(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, ICELAND TRAVEL, POWER
SYSTEMS, INC., YOKOHAMA TIRE CORPORATION, and their respective owners, parents,
owners, successors, assigns, related entities, insurers, volunteers,
representatives, partners, 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) I further agree that
any claim that I may bring at any time on behalf of myself or Ward for any
reason against any Releasees shall be submitted to the exclusive jurisdiction
of Vermont and the venue shall only be in a State or Federal Court sitting in
Rutland County, Vermont and no other jurisdiction and such claims shall be
adjudicated under the laws of the State of Massachusetts. I further agree and
understand this Agreement WAIVER, RELEASE OF LIABILITY, COVENANT NOT TO SUE
& IMAGE RELEASE may be plead as an affirmative defense and used as evidence
in any claim that I may bring at any time on behalf of myself or Ward for any
reason against any Releasee.
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.