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, covenant 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., 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 Peak.com, Inc. is entirely
voluntary. I further
certify and represent that on the date of the Event I will possess and be
covered by medical/health insurance, individually or as part of an organization.
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.