I am voluntarily participating in the zombie run (“event”) and that as a condition to my participation; I expressly acknowledge, understand and agree to the following:
1. The event is an extremely risky activity that could result in serious injury, property loss or death and I understand, accept and voluntarily assume these risks.
2. The event presents extreme obstacles including, but not limited to, difficult climbs, fire, mud pits, water obstacles, and hills and requires mental judgment and a high degree of physical fitness, agility and dexterity and includes strenuous exercise that requires physical fitness, strength and stamina.
3. I, individually, and on behalf of my heirs, successors, assigns and personal representatives, hereby agree to indemnify, defend, and hold harmless the event and its owners, promoters and operators, including without limitation, the University of Southern Indiana and their employees, agents, and representatives, from any and all liability whatsoever for any and all damages, losses, or injuries (including death) I sustain to my person or property or both, including but not limited to any claims, demands, actions, causes of action, judgments, expenses and costs, including attorney’s fees, which arise out of, result from, occur during, or are connected in any manner with my participation in the event including any third party claims caused directly or indirectly, in whole or in part by my actions.
4. To the extent authorized by law, I, individually, and on behalf of my heirs, successors, assigns and personal representatives, hereby expressly waive, release, and discharge the University of Southern Indiana and each of their respective affiliates, parent companies, subsidiaries and assigns and their members, managers, shareholders, directors, officers, agents, volunteers, clubs, sponsors, promoters, consultants and employees (the “releasees”) from any and all liabilities, losses, damages, claims, costs or expenses (including those involving death, disability, personal injury or property damage) (collectively, “claims”) arising out of or relating to my participation in the event, whether caused, in whole or in part, by the releasees sole or concurrent negligence or the negligence of others (whether active or passive) or the wrongdoing, strict liability or fault of the releasees or otherwise, with the exception of those caused by willful and/or wanton conduct or gross negligence of the releasees.
5. The releasees are not responsible in any way for any of my personal items or property that are lost or stolen before, during or after the event, including but not limited to the gear check area or on the course.
6. I assume all risks associated with competing in the event, including but not limited to falls, contact with other participants, negligent or wanton acts of other participants, completing all obstacles, defects or condition of premises, the effects of the weather, including high heat and/or humidity, cold weather, rainy and wet weather, tornados or any other adverse weather conditions, and all such risks are known and understood.
7. All entries are final and there shall be no refunds once the event has begun.
8. I shall not consume alcohol prior to the event or ingest any medicines or substances that will inhibit my mental or physical ability to safely and effectively participate in the event.
9. I am not being provided with medical or health insurance coverage by the event organizer, promoter or owners and accordingly, I am solely responsible for maintaining my own medical, disability, and life insurance.
10. I shall abide by any decision of a race official/organizer/director relative to my ability to safely complete the race.
11. I shall obey all civil and criminal laws at all times.
12. I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me medical professionals may deem appropriate. This release and waiver extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency.
13. No wheeled baby conveyances or other wheeled devices of conveyance are permitted in the event.
14. No animals are permitted at the event.
15. The official race directors reserve the right in any event of emergency, severe weather, local or national disaster to cancel the event and in the event of cancellation or change there shall be no refunds.
16. As a participant, I am expected to exhibit appropriate behavior at all times, including obeying all applicable laws. This includes respect for all people, equipment, and facilities, and cooperative, positive participation. The event representatives may, in their sole discretion dismiss, without refund, anyone whose behavior negatively endangers safety or negatively affects a race, a person, a facility, or property of any type or kind.
17. I consent to be photographed, filmed and/or otherwise recorded. My entry constitutes my consent to such photography, filming and/or recording and to any use, in any and all media throughout the university in perpetuity, of my appearance, voice and name for any purpose whatsoever in connection with the production presently entitled: The Brain Drain Zombie Run.
18. I am at least 18 years of age, (14 years of age is the cut-off) or my parent/guardian has reviewed this document and consented to its terms.
19. This release and waiver is intended to be as broad and inclusive as permitted by the university of southern Indiana where the event is taking place, as applicable, and that if any portion of this release and waiver is held to be invalid, then it is agreed that the balance shall, notwithstanding, continue in full force and effect.
20. I acknowledge I have carefully read, accepted and agreed to the terms on this waiver and release of claims, indemnification, warning and assumption of risk by participant (the “release and waiver”), and know and fully understand its content, and I sign on my own free act and deed. If I have had any questions regarding its effect or the meaning of its terms answered to my satisfaction, all prior to its execution, and agree to those terms freely and voluntarily without any inducement or compulsion. I have been given an opportunity to bargain in regard to its terms, and I hereby waive my right to bargain for different waiver of liability terms. I understand that I have given up substantial rights by signing this release and waiver. I intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. This release and waiver shall be binding upon me and my heirs, legal representatives and assigns.