REEBOK SPARTAN RACE SERIES
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 Spartan Race competition(s), race(s), related events (the
Event) and/or activities, I, the undersigned, acknowledge, appreciate, and
agree that:
1. The risk of injury and/or death from the activities involved in
the Spartan Race and the Event 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) accidents involving, but not limited to paddling,
climbing, biking, hiking, skiing, snow shoeing, travel by boat, truck, car, or
other convenience;(xii) heart attack and (xiii) the potential for permanent
paralysis and/or death. While particular rules, equipment, and personal
discipline may reduce this risk, the risk of death or serious injury does
exist;
2. AFTER OPPORTUNITY TO FULLY INFORM MYSELF ABOUT THE EVENT, I
KNOWINGLY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN,
and assume full responsibility and all risks for my participation in the Event;
3. I voluntarily 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 PEAK.COM, INC., SPARTAN RACE, INC., TRI 1 EVENTS, LTD.,
CHRONOTRACK SYSTEMS CORP.,
Wild Rose Motorcross Club, City of Calgary, REEBOK INTERNATIONAL LTD. and REEBOK INTERNATIONAL
LIMITED and their officers, directors, representatives, officials, principals,
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 or damage to person or
property, incurred by me in connection with participation in the Event. 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 Spartan
Race, Inc.. and/or Peak.com, Inc. or connected with the Event.
5. I attest and verify that, unless otherwise indicated below, I
am over 18 years of age, am free from all illnesses, injuries and defects that
could interfere with my safe participation in the Event and that I am
physically fit and sufficiently trained to participate in all activities
associated with the Event. My participation in activities and events organized
or sponsored by Spartan Race, Inc, and Tri 1 Events, Ltd. is 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 their sole and absolute
discretion, to postpone, cancel, or modify the event due to weather conditions,
Acts of God or other factors beyond the control of the Releasees that might
affect the health and/or safety of the participants. No refunds will be
granted.
8. I irrevocably grant unlimited permission to Releasees, to use,
reproduce, sell and distribute any and all photographs, images, videotapes,
motion pictures, recordings, or any other depiction of any kind of me or of my
participation in the Event or related activity for any legitimate purpose in
perpetuity and I understand that I shall not be entitled to any compensation therefore.
9. I hereby irrevocably and absolutely grant permission to the
Releasees to film, videotape and record gratis the performance of the above
named participant (referred to herein as I, me, my) 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 right to Releasees, without compensation
of any kind to me, to use, reproduce or broadcast, my name, nickname, image,
likeness, voice, photograph, signature facsimile, and biographical information
in connection with the Event without compensation of any kind to me. I
acknowledge that Releasees and their representatives shall have the unlimited
right throughout the world to copyright, use, reuse, publish, republish,
broadcast and otherwise distribute depictions of or information about me and
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 known or hereinafter
devised in perpetuity and without compensation to me. 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.
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.
I understand that this waiver includes any claims, whether caused by negligence, the action or inaction of any of the above parties, or otherwise.