As used herein, the term “Releasees” is defined to include: (i) OSF Healthcare System, d/b/a Children’s Hospital of Illinois (“OSF”), its owners, members, directors, officers, past and present employees, agents, representatives, affiliated companies, successors and assigns; (ii) Event volunteers; (iii) the owner of the property where the Event occurs, including (where applicable) any city, county and/or state government(s); (iv) RC Race Management; and (v) any Event sponsors or advertisers, including, but not limited to, _______________, ___________________ and each of their respective owners, members, directors, officers, past and present employees, agents, representatives, affiliated companies, successors and assigns.
1. I understand that the “Fight to the Finish” event (“Event”) is an inherently dangerous activity that presents extreme obstacles, including, but not limited to, fire, mud pits, barbed wire, cargo nets, junk cars, heights, climbing, jumping into water, water crossings, swimming, steep hills and/or uneven terrain.
2. I understand that participating in the Event involves the risk of severe physical injury and/or death that cannot be completely eliminated.
3. I voluntarily, knowingly and freely assume all risks associated with competing in the Event, including, but not limited to, my own actions or inactions, the actions or inactions of others (including participants, spectators and Releasees), falls, injuries, illnesses, infections, contact with others, completing any and all obstacles, premises defects and the effects of weather, including, but not limited to, heat and/or humidity.
4. I understand, agree and accept that some of the obstacles may go through water that has not been tested for chemicals, disease or contamination.
5. I understand that the Event course may contain wild animals, insects and plants.
6. I agree not to dive into or enter any mud pit or water head first, as doing so may cause serious physical injury and/or death.
7. I certify that I am physically fit and have no medical condition that would make participation in the Event more hazardous.
8. If I am pregnant, disabled in any way or have recently suffered an illness or injury, I should have or did consult a physician before participating in the Event.
9. I attest that on the date of the Event I will possess and be covered by medical insurance, individually or as part of an organization.
10. I consent to medical care and transportation in order to obtain treatment in the event of injury to me as OSF, volunteers or medical professionals may deem appropriate and understand that this Waiver extends to any liability arising out of or in any way connected with such medical treatment and transportation provided in the event of an emergency and/or injury.
11. I agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by OSF through its employees, representatives or agents, and to abide by any decision of any Event official relative to my ability to safely attend and participate in the Event.
12. I understand and agree that I am expected to exhibit appropriate behavior and to obey all local, state and federal civil and criminal laws at all times while participating in or attending the Event. This includes, generally, respect for all people, equipment, facilities or property. OSF may dismiss me, without refund, should my behavior endanger the safety of or negatively affect the Event, person, facility or property and I agree to indemnify the Releasees from any and all third party claims caused in whole or in part by my negligence, gross negligence or intentional acts or omissions.
13. I agree not to consume alcohol prior to the Event or use any medicine or substance that will inhibit my mental or physical ability to safely participate in the Event. I also agree that if I consume alcohol at the Event, I shall do so at the end of the Event, responsibly and only if I am over the minimum legal drinking age.
14. I agree that OSF is not responsible for any personal item or property that is lost, damaged or stolen at the Event.
15. I understand that pets, wheeled baby conveyances or other wheeled means of conveyance are NOT permitted on the Event course, nor are the use of iPpods or similar devices permitted.
16. I consent to the use of my image in photographs, motion pictures or recordings taken at the Event for use in Event advertising, marketing or promotion.
17. I assign all rights, title, and interest in any and all photographs, motion pictures, recordings or other records of the Event I may take or capture to OSF. OSF grants to me a limited, non-exclusive, perpetual right and license to use, for non-commercial purposes only, any and all photographs, motion pictures, recordings, or other records of the Event I may take or capture.
18. I agree that all entry fee payments are final and non-refundable.
19. I agree that OSF reserves the right to cancel the Event in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots or for any reason that, in OSF’s discretion, will protect the safety and security of Event participants and spectators. In the event of such cancellation, there will be no refund of my registration fee.
20. I agree that this Waiver is intended to be as broad and inclusive as permitted by the laws of the State of Illinois, and that if any portion is held invalid, the balance shall continue in full legal force and effect.
21. I understand and acknowledge that the laws of the State of Illinois shall apply to all matters relating to this Waiver regardless of the Event location, that the exclusive jurisdiction for any dispute with the Releasees resides in state or federal court in Peoria County, Illinois and I expressly consent to the exercise of personal jurisdiction in the State of Illinois in connection with any dispute with the Releasees arising from my Event attendance or participation.
I recognize, acknowledge and understand that there are inherent risks of severe physical injury and/or death when participating in the Event. I am solely responsible for determining if I am (or my minor child/ward is) physically fit and sufficiently skilled for the Event. I freely and voluntarily agree to assume the full risk of any and all injuries liabilities, damages, costs or losses, regardless of severity, that I (or my child) may sustain as a result of participating in the Event. I release, waive, discharge, absolve, indemnify, agree to hold harmless and covenant not to sue the Releases for any claim arising out of any injury to me (or my child) and from any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, , costs or expenses of any kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with my (or my child’s) attendance at and participation in the Event, whether or not caused by the Releasees’ negligence or gross negligence.