Participants under
the age of 13 need to be accompanied by an adult
ACKNOWLEDGEMENT OF RULES, ASSUMPTION OF RISK AND WAIVER OF
LIABILITY
*** THIS FORM IS REQUIRED FOR ALL PARTICIPANTS. IT INCLUDES
IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS AND YOUR ABILITY TO
BRING LEGAL ACTIONS. IT SHOULD BE READ & CONSIDERED WITH CARE. ***
1.
Introduction
Thank you for choosing to participate in Family Fun Fitness
(“FFF”) obstacle event. The Family Fun Fitness course is rigorous and
challenging and can be dangerous for participants if course rules or
instructions are not followed. Accidents can and do happen, and conditions and
obstacles present a risk of serious injury. This document has been prepared to
ensure that you are aware of the Participant rules and that you understand that
you are assuming the risks of participating.
2.
Course Rules
·
I agree to become familiar with and follow all
of the Participant rules and instructions. Amongst other things, I understand
that Participant rules specifically prohibit any intoxication or drug use and
impose standards of conduct on all participants. Likewise, I understand that
there will be procedures for check in / check out.
·
I agree to follow all posted signs or rules and
will comply with any and all instructions, directions or decisions of Family
Fun Fitness staff (including volunteers) and/or venue personnel. I will not
challenge any rules, directions or instructions at any time.
·
I agree to dress appropriately as to mitigate
risk of physical injury to myself and/or other participants including, but not
limited to: wearing shoes appropriate for physical activity involved in the FFF
event; and dressing in conjunction with the weather.
·
I acknowledge that Family Fun Fitness at its
sole discretion may delay, modify, or cancel the event if conditions or natural
or man-made emergencies make administering the event unreasonably difficult or
unsafe. I agree that “emergency” is
defined to mean any event beyond the control of Family Fun Fitness, including
but not limited to: high wind, extreme
rain or hail, hurricane, tornado, earthquake, flood, acts of terrorism, fire,
threatened or actual strike, labor difficulty or work stoppage, insurrection,
war, public disaster, and unavoidable casualty. In the event of a delay,
modification, or cancellation of the event as described in this paragraph, I
understand that I will not be entitled to a refund of my entry fee or any other
costs incurred in connection with the Family Fun Fitness event, and will
receive a participation credit towards the next Family Fun Fitness event less
any applicable administrative fees.
3.
Publicity and Likeness
I waive any right of publicity and understand that my
likeness may be photographed, captured in a motion picture or otherwise
reproduced for the commercial benefit of Family Fun Fitness and/or its
affiliates. I waive any claim to royalties and agree to the use of my likeness
for any purpose. I understand that Family Fun Fitness may use and/or license my
likeness in any manner that it wishes, in any and all media formats. These uses
include but are not limited to promotional activities, marketing, advertising
and other uses such as selling photographs as a service to participants,
including to me.
4.
General Conduct
·
Please be polite to other participants,
volunteers, staff and spectators, and respectful of the property and equipment.
Family Fun Fitness is for everyone’s enjoyment.
·
I understand and agree that Family Fun Fitness
staff (including volunteers) and/or venue
personnel may immediately remove from the Course any person, who do not follow
rules, signs, instructions or directions or who causes harm to, endangers or
negatively impacts other participants, property, spectators or anyone else.
5.
Participant Health and Training
I understand, warrant and agree:
·
That I am in good health and proper physical
condition to safely participate in the Family Fun Fitness course. I have no
known physical or mental health issues that could impact my ability to safely
participate, or that would make my participation dangerous to myself or others.
·
I understand that I should consult my doctor and
receive medical clearance prior to participating.
·
I will not participate if advised by a
healthcare professional that I am not fit for participation.
·
I have medical insurance. I will not participate unless I have my own
medical insurance policy in place on race day.
·
I understand that it is my responsibility to
continuously monitor my own physical and mental condition during the Course,
and I agree to withdraw immediately and notify appropriate personnel if at any
point my continued participation would create a risk of danger to myself or to
others.
·
In the event I am injured and unable to make
medical decisions for myself, I authorize Family Fun Fitness to make medical
decisions for me including, but not limited to CPR, AED and decisions to
transport me or secure emergency medical treatment on my behalf. I agree that I am responsible for and assume
any health care costs whether chosen by me or Family Fun Fitness on my
behalf.
6.
Assumption of Risk and Waiver
In consideration of my participation in the event, I, for
myself, my heirs, executors, administrators, personal representatives,
successors and assigns:
·
I am willingly and voluntarily participating in
the Event.
·
I have read the Proceeding Paragraphs and I
understand and appreciate the nature of the Event and
course, the physical demands relative to my physical and mental condition and
appreciate the impact of the types of injuries that may result from my participation.
·
I knowingly assume all of the risks inherent in
my participation.
·
I waive and release any and all rights, claims
and causes of action I have or may have against any and all of the below-listed
parties that may arise from my participation in the Family Fun Fitness
Event.
·
I take full responsibility for any and all
damages, losses, liabilities or expenses that I incur as a result of my
participation.
I FOR MYSELF, MY HEIR, EXECUTORS, ADMINISTRATORS, PERSONAL
REPRESENTATIVES, SUCCESSORS AND ASSIGNS HEREBY FOREVER WAIVE, RELEASE, PROMISE
NOT TO SUE AND DISCHARGE FAMILY FUN FITNESS, CORDILLERA ELEMENTARY SCHOOL, SADDLEBACK
VALLEY UNIFIED SCHOOL DISTRICT, AND ANY AND ALL EVENT STAFF, VOLUNTEERS,
EMERGENCY PERSONNEL, MEDICAL SERVICES PERSONNEL AND CONTRACTORS AND ALL
OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, VOLUNTEERS AND AFFILIATES OF THE
FOREGOING FROM ANY AND ALL CLAIMS RESULTING FROM THE RISKS OF PARTICIPATION
AND/OR THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.
7.
Indemnification.
I further agree to indemnify, defend and hold harmless FAMILY
FUN FITNESS, CORDILLERA ELEMENTARY SCHOOL, SADDLEBACK VALLEY UNIFIED SCHOOL
DISTRICT, AND ANY AND ALL EVENT STAFF, VOLUNTEERS, EMERGENCY PERSONNEL, MEDICAL
SERVICES PERSONNEL AND CONTRACTORS AND ALL OFFICERS, DIRECTORS, EMPLOYEES,
CONTRACTORS, VOLUNTEERS AND AFFILIATES OF THE FOREGOING for Claims relating to:
(i) theft, loss or disappearance of property; (ii) bodily injury and/or death;
(iii) property damage for all claims and losses (including attorneys fees and
costs) which may be brought against one or more of them by anyone claiming to
have been injured or otherwise to have suffered loss or damage as a result of
my participation in the Event.
8.
Severability
I understand that this release is intended to be broadly
interpreted to give legal effect to the intention of waiving my ability to
bring claims. In the event a court finds any aspect or clause of this agreement
to be unenforceable, that provision shall be reformed to effect the intentions
of the parties or if reformation is not possible, it shall be severed; neither
circumstance shall effect the validity and enforceability of any remaining
provisions.
9.
Entire Agreement
I affirm that this agreement supersedes any other prior
understandings of the parties and may not be modified or changed by any oral
representations or statements by any agent or employee of Family Fun Fitness.
ACKNOWLEDGEMENT
I have read this document entitled “ACKNOWLEDGEMENT OF
RULES, ASSUMPTION OF RISK AND WAIVER OF LIABILITY” and understand its terms. I
understand that I am giving up legal rights, including my right to sue. I
acknowledge that I am signing the agreement freely and voluntarily and intend
my signature to be a complete release of all liability due to the negligence of
Family Fun Fitness and/or other released parties as well as the inherent risks
related to my participation to the greatest extent allowed by law. I agree that
my participation is due and proper consideration for these releases.
I HEREBY AFFIRM: I/WE HAVE CAREFULLY READ THIS DOCUMENT, AND
I/WE UNDERSTAND ITS CONTENTS. I/WE AM/ARE AWARE THIS DOCUMENT IS A RELEASE OF
ALL LIABILITY AND A CONTRACT ENFORCEABLE AGAINST ME/US (AND MY/OUR HEIRS, NEXT
OF KIN, DISTRIBUTEES, GUARDIANS, LEGAL REPRESENTATIVES, EXECUTORS,
ADMINISTRATORS, SUCCESSORS AND ASSIGNS) IN A COURT OF LAW. I/WE HAVE SIGNED
THIS DOCUMENT OF MY/OUR OWN FREE WILL AND ACT, AND I/WE HAVE HAD ADEQUATE
OPPORTUNITY TO DISCUSS THIS DOCUMENT WITH MY/OUR OWN LEGAL COUNSEL PRIOR TO
SIGNING.
MUST BE SIGNED BY PARTICIPANTS OVER 18 YEARS OLD. ALL PARENTS AND GUARDIANS ARE REQUIRED TO
SIGN FOR MINORS TO PARTICIPATE.