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SPARTAN RACE, INC. & PEAK.COM, INC.PARTICIPANT WAIVER, RELEASE OF LIABILITY COVENANT NOT TO SUE & IMAGE RELEASE

In consideration of being allowed to participate in any way in the above referenced Spartan Race competition(s), race(s), related events (the "Event") and/or activities, Spartan Group X Workshop and Certification I, the undersigned, acknowledge, appreciate, and agree that:

1. The risk of injury and/or death from the activities involved in the Spartan Group X Workshop and Certification and its related events 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; and (xii) the potential for permanent paralysis and/or death. While particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist;
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASES or others, and assume full responsibility for my participation;
3. I willingly 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 Peak.com, Inc., Spartan Race, INC., Joe Desena, and their officers, directors, representatives, officials, 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 Event (collectively, the "Releasees"), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, and/or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. 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 Spartan Race, INC. and/or Peak.com, Inc. or connected with the Events.
5. I attest and verify that I am free from all illnesses, injuries and defects and that I am physically fit and sufficiently trained to participate in all activities associated with the Events. My participation in activities and events organized or sponsored by Spartan Race, LLC and Peak.com, Inc. is entirely voluntary.
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 its 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 the participants. No refunds will be granted.
8. I grant full permission to Releaseees, as described above, to use photographs, images, videotapes, motion pictures, recordings, or any other record of the activities of the Events for any legitimate purpose in perpetuity and I understand that I shall not be entitled to any compensation therefore.
9. I hereby grant permission gratis to the Releasees to film, videotape and record gratis the performance of the above named participant (referred to herein as "I", "me", "my") as it relates to the Event and subsequently to telecast and otherwise utilize the same gratis in whatever manner Releasees shall deem appropriate. Such permission shall include the unlimited right to appropriate use gratis by Releasees of my name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the Event. I acknowledge that Releasees and their representatives shall have the unlimited right throughout the universe to copyright, use, reuse, publish, republish, broadcast and otherwise distribute 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 know or hereinafter devised in perpetuity without compensation. 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.
10. I understand that my registration fees are non-refundable for any reason, including but not limited to non-participation, injury, scheduling conflict, or cancellation of the event as outlined in section 7 of this waiver

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.

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Spartan Race, Inc. Limited Coaching License
This Limited Coaching License (the “License”) is entered into as of the date hereof between you (“Participant” or “you” or “your”) and Spartan Race, Inc. (“Spartan”), and sets forth the understanding between the parties with respect to the limited, revocable, royalty-free, non-exclusive license granted to Participant upon successful completion of the applicable Spartan workshop and certification requirements.
By clicking “AGREE”, you acknowledge that you have read and accept the terms and conditions of this License in its entirety.
1.1 As a participant in the Spartan Obstacle Specialist workshop who successfully completes the workshop assessment, you MAY:
  1. List on a business card, your biography and resume in plain text that you are a “Spartan Obstacle Specialist.”

1.2 As an SGX-Certified Level 1 Coach you MAY:
  1. List on a business card, your biography and/or resume in plain text that you are a “Spartan Coach” or “Spartan SGX Coach.” You may also use the abbreviation “SGX” in your list of academic and professional credentials.

  1. Use the “Spartan SGX” name in the name, marketing, and/or merchandise of your fitness class that incorporates the principles learned from the workshop(s) or content distributed in the workshop(s) and available at the Spartan Web site(s) or provided to you by Spartan personnel.

  1. Choose an arbitrary description, or a limited, local, geographical region (proximate to Participant’s address above or then-current address), to name your fitness class in conjunction with the above-mentioned names, trademarks, logos (collectively, the “Marks”).

You MUST present your proposed fitness class name to Spartan for approval PRIOR to your use of such name in conjunction with the Marks.
EXAMPLES:
Acceptable use includes:
“Spartan SGX Invincibles” “New Bedford Spartan SGX” “Spartan SGX at Gold’s Gym Newton”
Impermissible use includes:
"Northeastern US Spartan SGX" “UK Spartan Race Training” “Spartan Race Training at Gold’s Gym”
Failure to obtain such prior approval may result in immediate termination of this License pursuant to Section 2.0 of this License upon written notice by Spartan to you.
1.3 As an SGX-certified Level 1 Coach you MAY also:
  1. Use the phrase “Prepare for your next Spartan Race” at [your approved fitness class name].

  1. Promote Spartan and earn commissions by complying with the then-current Spartan affiliate program.

1.4 Once you complete the requirements to become an SGX-certified Level 2 Coach you MAY also:
  1. List on a business card, your biography and resume that you are a Level 2 “Spartan Coach or Spartan SGX Coach.” You may also use the abbreviation “SGX L2” in your list of academic and professional credentials.

  2. Once authorized by Spartan, use the “SpartanFIT” name and logos (hereafter to be included in the definition of “Marks”), and the materials provided to you, to market, host and deliver a SpartanFIT 1-day obstacle race prep course incorporating the principles learned and content provided at the Level 1 and Level 2 workshops and available at the Spartan Web site.

1.5 Under any and all circumstances you may NOT:
  1. Alter the Marks in any way.

  1. Use “Spartan Race”, “Reebok Spartan”, “Spartan”, “Spartan Training,” “Spartan Coaching,” “Spartan SGX” or “Reebok Spartan Race” or any derivative of the foregoing in the name of your fitness class except as explicitly provided for above.

  1. Use “Spartan Race”, “Reebok”, “Spartan”, “Spartan Training,” “Spartan Coaching” or “Reebok Spartan Race” in any business name, internet domain name, facility name, trademark filing, or in any social media name.

  1. Use “Spartan SGX” in any business name, facility name, or trademark filing.
  1. Use Spartan or Reebok logos, trademarks, copyrighted material or other intellectual property in the marketing and merchandise relating to your fitness class or your business, except as explicitly provided for above.

  1. Without limiting the foregoing, you may NOT brand, name, market, or promote your fitness classes as part of or put by a “Spartan Race Training Center” or “Spartan Training Center” or any variant of these phrases.  And you may not publicly disparage, or convey, or imply you are speaking or acting on behalf of, Spartan, Spartan SGX or Reebok.

Spartan explicitly reserves the right to require you to abandon any particular use of the Marks that Spartan finds objectionable in its sole discretion. Your use of the Marks is subject to any additional terms and conditions made available from Spartan at our Web site(s) or otherwise from time to time.
1.6 Authorization. You hereby authorize Spartan permission to include the name of your fitness class, a Web site link to your fitness class and contact information for you and your place of business on our Web site(s).
1.7 Limited License. You hereby grants to Spartan and its affiliates a limited license to use all the content, including, but not limited to, written content and photographs, you provide to Spartan to be posted on any webpage, including, but not limited to, all social media sites, used to promote Spartan events, and for any other commercial purpose in connection with any Spartan business.
1.8 Indemnification and Release.
  1. You, your corporate entity(ies), employees, contractors, sponsors, agents, representatives and affiliates (collectively, “Indemnifying Parties”) agree to indemnify, defend and hold harmless Spartan and its subsidiaries, owners, officers, directors, employees, contractors, sponsors, agents, representatives and affiliates (together with any of the foregoing’s heirs, successors or assigns, the “Indemnified Parties”) from all damages, assessments, costs, losses and other expenses, including, but not limited to, reasonable attorneys’ fees and costs (collectively, “Costs”), arising out, of or resulting from, any third party claim, demand, suit, action or other proceeding against any of the Indemnified Parties (collectively, “Claims”) that arise out of, or relate to any (a) breach of Indemnifying Parties’ obligations under this License, (b) infringement or misappropriation by Indemnifying Parties of any of intellectual property of any third party, or (c) or property damage, personal injury or death based on Indemnifying Parties’ negligence, recklessness or willful misconduct. Indemnifying Parties will give the Indemnified Parties prompt notice of any Claim(s), and any delay in notification shall not relieve any Indemnifying Party of its obligations hereunder except to the extent that the delay materially impairs its ability to indemnify. Without limiting the foregoing, the Indemnified Parties may participate in the defense at their own expense. The Indemnifying Party(ies) shall not enter into or acquiesce to any settlement containing any admission of or stipulation to any guilt, fault, liability or wrongdoing on the part of the Indemnified Parties or which would otherwise adversely affect the Indemnified Parties without the Indemnified Parties’ prior written consent (which shall not be unreasonably withheld).

2. Indemnifying Parties hereby release, discharge, and waive the Indemnified Parties from all Claims which may arise from, and covenants not to make any Claims against the Indemnified Parties as a result of, any and all loss or injury caused by or occurring as a result of the exploitation of the rights granted hereunder, including, but not limited to, Claims arising from damages for libel, defamation, infringement of the right of publicity, unfair competition, copyright, trademark infringement or other intellectual property, or any physical injuries. Indemnifying Parties waive the benefits of any statute or law that purports to limit the effect of this License.
1.9 Code of Ethics.
  1. You understand that Spartan is dedicated to principles of ethical conduct that to be followed by all Participants. Spartan’s Code of Ethics was established to maintain a high level of professionalism in the fitness, health, and wellness field. You agree to adhere to these standards of integrity and to encourage ethical behavior in the field. The Code of Ethics is general and does not address every possible scenario you may face, and the circumstances of a specific situation will determine the interpretation and application of the Code of Ethics.

  1. You agree to adhere to the then-current Spartan Coaching Code of Ethics made available by Spartan at its Web site(s) or otherwise from time to time.

2.0 Term.
  1. The term of this License will begin on the date you successfully complete the applicable Spartan certification requirements. This License will continue in effect until: (a) you violate any provision of this License, or (b) you cease to be certified by Spartan, due to a failure to maintain the current or future requirements for maintaining such qualification, such as completing required continuing education or paying required renewal fees with respect to a particular certification.

  1. This License is terminable at will by either party upon 30 days’ written notice to the other party. For the avoidance of doubt, upon termination of this License, your certification and any rights hereunder shall be immediately terminated.

2.1 Assignment. This License may not be assigned or sub-licensed by Participant under any circumstance.
2.2 Independent Contractor. You understand that you are an independent contractor, and that no agency, joint-venture, employee-employer or franchisee-franchisor relationship is intended or created by this License.
2.3 Governing Law. The License shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the Commonwealth of Massachusetts, USA. If Spartan institutes an action at law or in equity against Participant to secure or protect Spartan’s rights under or to enforce the terms of this License, in addition to any judgment entered in its favor, Spartan shall be entitled to recover from Participant reasonable attorneys’ fees together with court costs and expenses of enforcement.
2.4 Severability. If any of the provisions of this License 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 herein shall remain in full force and effect.

CLICK “AGREE” TO ACCEPT THE TERMS AND CONDITIONS STATED IN THE LICENSE ABOVE

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Refund Policy It is the policy of Spartan Race Inc. that in the event of an SGX workshop cancellation, date or location change, you can transfer to a different SGX workshop. We do not offer refunds unless there is an extraordinary documented extenuating circumstance. Requests for refunds must be made in writing and submitted to sgx@spartan.com. 

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