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 THE 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., SPARTAN RACE (M) SDN. BHD., NBC
SPORTS VENTURES, LLC, EVENT MEDIC NY, INC., venue
owner of the Event, 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.
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.