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/or 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, 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/OR 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
and/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, GLOBAL RESCUE
LLC, TOTAL SPORTS ASIA SDN BHD, TOTAL SPORTS ASIA LTD 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. and Total
Sports Asia Sdn Bhd 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 Spartan Race, Inc. and Total Sports
Asia Sdn Bhd 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.