REEBOK SPARTAN RACE 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 Spartan Race, Spartan Kids’ Race, Spartan
workout or other Spartan-owned, operated, licensed or sponsored event(s) (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;
and/or (xv) 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., REEBOK INTERNATIONAL LTD., REEBOK INTERNATIONAL LIMITED,
NBC SPORTS VENTURES, LLC, GLOBAL RESCUE LLC, AND THE APPLICABLE VENUE OWNER(S)
OR OPERATOR(S) 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. 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.
(9) 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.