DELTA DASH & NORTH BALDWIN CHAMBER OF COMMERCE (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 Delta Dash competition(s), race(s), related events (the “Event”) and/or activities, I acknowledge, appreciate, and agree that: 1. The risk of injury and/or death from the activities involved in the Delta Dash 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) 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 North Baldwin Chamber of Commerce, Delta Dash, 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 of 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 Delta Dash and/or North Baldwin Chamber of Commerce 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 activies and events organized or sponsored by Delta Dash and North Baldwin Chamber of Commerce are 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 participants. No refunds will be granted at any time for any reason. 8. I grant full permission to Releasees, as described above, to use photographs, images, videotapes, motion pictures, recordings or any other record of 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 releases shall deem appropriate. Such permission shall included the unlimited right to appropriate sue 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. WARNING! IMPORTANT INFORMATION ABOUT THE COURSE: There are stumps, roots, holes, logs—you have a high risk of tripping and falling. We have marked some of these but not all; remember: you are running through the woods. There may be briars and limbs hanging/laying in the trails. All terrain is slippery—water, loose gravel and clay all present a possibility for you to fall. You will encounter a large mud hole as an obstacle and you will see other areas with water. DO NOT DIVE in the water or the mud. If you cannot swim do not enter the water.. There is a possibility of encountering wildlife such as snakes, lizards, deer, fox, coyotes, alligator, cows, boar, etc—Leave all wildlife alone. Do not get off the trail for any reason. The trail is marked with brightly colored spray paint, ties and arrows. Do not touch trail markings, signs, etc. Do not attempt any obstacle you consider unsafe or feel you will not be able to complete. There are ways around each obstacle, if you cannot or do not want to complete an obstacle you will complete 10-20 burpees as a penalty. In case of emergency there will be volunteers and emergency personal throughout the trail. The Delta Dash volunteers will be easily recognizable and there will be other specially trained volunteers on the course. Finally, remember to have fun and be kind to others along the course. 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.