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.