PEAK EVENT 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 Peak
Mountain Bike Race, Peak Snowshoe Race, Peak Ultra endurance race, or other
Peak-branded event(s) that are operated, licensed, or sponsored by Spartan
Race, Inc. (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; (xv) fatigue and sleep deprivation;
and/or (xvi) 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.
(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., PEAK.COM, INC., RIVERSIDE HORSE FARMS, LLC, VERMONT
VENTURES LLC, ELDORADO 2, INC., THE UNITED STATES AMERICA, GREEN MOUNTAIN
NATIONAL FOREST, THE STATE OF VERMONT, 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 his/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. Initial _______
(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.
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.