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’ or Varsity
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, EVENT MEDIC NY, INC., venue owner of the Event, 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 any person’s (including his or 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.
(9) 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.
(10) 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.
(11) FOR ELITE AND OTHER PARTICIPANTS COMPETING FOR CASH
PRIZES ONLY: I voluntarily consent to have a sample of my urine
collected at such times as testing is performed by Spartan or its
agents. I further understand that certain prescription and/or
over-the-counter drugs that I may be taking can affect the results of
these tests and that I will inform Spartan prior to testing of any
prescription and/or over-the-counter drugs that I am taking. I further
authorize the release of all information and records, including test
results relating to the screening or testing of my urine sample(s) to
Spartan or its agents. Spartan and its officers, employees, and agents
are hereby released from legal responsibility or liability in connection
with any testing and for the release of such information and records as
authorized by this Waiver.
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.