MUDDY TURKEY RACE
In consideration of my (“I”, “my” or “myself”) and/or on
behalf of my child/ward’s (each a “Ward”) participation in the Muddy Turkey
Race or any ancillary events/activities/operations related thereto the Muddy
Turkey Race, 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 the
Muddy Turkey Race 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 participants or vehicles; (ix) animal bites and/or stings;
(x) contact with poisonous plants; (xi) accidents involving, but not limited
to, climbing, hiking, travel by 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 MUDDY
TURKEY RACE, 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 Muddy Turkey
Race.
(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 the Muddy Turkey Race. If, however, I
observe an unusual and/or significant hazard during my presence at the Muddy
Turkey Race, I will remove myself or my Ward from participation and bring such
hazard to the attention of the nearest volunteer.
(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 MOFFETT ROAD ASSEMBLY OF GOD, its representatives,
agents, and affiliates, any sponsor, vendor, volunteer, website/social media
coordinators, or any other person involved in setup of course, predecessor,
successor, heir, assign, media partners, or associated charities, or medical
providers/police officers (if applicable) 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 MUDDY TURKEY RACE, 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 Muddy Turkey Race, 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
persons including his/her safe participation in the Muddy Turkey Race; (iii)
Participant is physically fit and sufficiently trained to participate in all
activities associated with the Muddy Turkey Race; 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 Muddy Turkey Race and that Participant’s
participation in the Muddy Turkey Race 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 Muddy Turkey Race 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 Muddy Turkey Race due to weather
conditions or other factors beyond the control of the Releasees that might
affect the health and/or safety of Participants.
(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 the Muddy Turkey Race 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 Muddy Turkey Race 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 Muddy Turkey
Race. 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 Muddy Turkey Race 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 Muddy Turkey Race, Participant releases and agrees not to
sue the Releasees from all present and future claims regarding Participant’s
participation in the Muddy Turkey Race 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.
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.