I
hereby grant permission to Rugged Races LLC and its agents to photograph my
image, likeness or depiction and/or that of my minor children (if applicable)
and to edit, crop or retouch such photographs, and waive any right to inspect
the final photographs. I hereby consent
to and permit photographs of me and/or those of my minor children to be used by
Rugged Races LLC and its agents worldwide for any purpose, including
advertisement purposes, and in any medium, including print and electronic. I understand that Rugged Races LLC and its
agents may use such photographs with or without associating names thereto. I
further waive any claim for compensation of any kind for Rugged Races LLC's or
its agents' use or publication of photographs of me and/or those of my minor
children (if applicable). I hereby fully
and forever discharge and release Rugged Races LLC and its agents from any
claim for damages of any kind (including, but not limited to, invasion of
privacy; defamation; false light or misappropriation of name, likeness or
image) arising out of the use or publication of photographs of me and/or those
of my minor children (if applicable) by Rugged Races LLC or its agents, and
covenant and agree not to sue or otherwise initiate legal proceedings against
Rugged Races LLC or its agents for such use or publication on my own behalf or
on behalf of my minor children. All
grants of permission and consent, and all covenants, agreements and
understandings contained herein are irrevocable. I.
Assumption
of Inherent Risks The
Rugged Maniac event (hereafter referred to as the Event) involves hostile
environments that might include extreme heat or cold, snow, fire, mud, extreme
changes in elevation and water. Some of
the activities include runs, military style obstacles, going through pipes,
traversing cargo nets, climbing walls, jumping over fire, swimming in cold
water, carrying heavy objects and traversing muddy areas. In summation, the Event is a hazardous
activity that presents a serious physical and mental challenge to participants.
I
acknowledge that the Event is a serious test of my physical and mental limits
that carries with it inherent risks of physical injury. Inherent risks are risks that cannot be
eliminated completely (without changing the challenging nature of the Event)
regardless of the care and precautions taken by Rugged Races LLC (hereafter
used when referring to the corporate entity and protected parties). I understand that these hazards may be
magnified due to the fact that the Event is often conducted under what may be
extreme conditions and circumstances. I
understand and acknowledge that the inherent risks include, but are not limited
to: (1) contact or collision with
persons or objects (including spectators or course personnel), contact with
other participants, contact or collision with motor vehicles or machinery and
contact with natural or man-made fixed objects or obstacles; (2) encounters
with obstacles (e.g., natural and man-made water, road and surface hazards,
close proximity and/or contact with thick smoke and open flames, barbed wire,
pipes and slippery surfaces); (3) equipment related hazards (e.g., broken,
defective or inadequate competition equipment, unexpected equipment failure,
imperfect course conditions); (4) weather-related hazards (e.g., extreme heat,
extreme cold, humidity, ice, rain, fog); (5) inadequate first aid and/or
emergency measures; and (6) erratic or inappropriate co-participant behavior,
erratic or inappropriate behavior by myself and errors in judgment by personnel
working the Event. I
further understand and acknowledge that any of these risks and others not
specifically named may cause injuries that may be categorized as minor, serious
or catastrophic. Minor injuries are
common and include, but are not limited to, scrapes, bruises, sprains, nausea
and cuts. Serious injuries are less
common, but do sometimes occur. They
include but are not limited to, property loss or damage, broken bones, torn
ligaments, concussions, exposure, heat-related illness, mental stress or
exhaustion, infection and concussions. Catastrophic injuries are rare; however, participants
should be aware of the possibility that such an injury can occur at an Event. These injuries can include permanent
disabilities, spinal injuries and paralysis, stroke, heart attack and death. I
understand that it is my responsibility to inspect the course, facilities,
equipment, and areas to be used, and if I believe or become aware that any are
unsafe or pose unreasonable risks, I agree to immediately notify appropriate
personnel. By participating in the Event,
I am acknowledging that I have found the course, facilities, equipment, and
areas to be used to be safe and acceptable for participation. I accept full and sole responsibility for the
condition and adequacy of my equipment. I
understand fully the inherent risks involved in the Event and assert that I am
willingly and voluntarily participating in the Event. I have read the preceding paragraphs and
acknowledge that (1) I understand the nature of the Event; (2) I understand the
physical and mental demands that this activity will place upon me; and (3) I understand
that I may be injured by participating in the Event. I hereby assert that I knowingly assume all of
the inherent risks of the activity and take full responsibility for any and all
damages, liabilities, losses or expenses that I incur as a result of
participating in the Event. II.
Waiver
of Liability for Ordinary Negligence In
consideration of being permitted to participate in the Event, I (on behalf of
the Releasing Parties) hereby forever waive, release, covenant not to sue and
discharge Rugged Races LLC and the other Released Parties from any and all
claims resulting from the INHERENT RISKS of the Event or the ORDINARY
NEGLIGENCE of Rugged Races LLC (or other Released Parties) that I may have
arising out of my participation in the Event. This
agreement applies to (1) personal injury (including death) from incidents or
illnesses arising from the Event participation, including injury during course
inspection, observation, practice runs, the Event and while on the premises
(including, but not limited to stands, sidewalks, parking areas, restrooms, and
dressing facilities); and (2) any and all claims resulting from damage to, loss
of, or theft of property. III.
Indemnification
Agreement I
hereby agree to hold harmless, defend and indemnify Rugged Races LLC (and the
other Released Parties) from any and all claims made by me (or any Releasing
Party) arising from injury or loss due to my participation in the Event. This applies both to claims arising from the
inherent risks of the Event or the ordinary negligence of Rugged Races LLC (or
any Released Parties). I
further agree to hold harmless, defend, and indemnify Rugged Races LLC (and the
other Released Parties) against any and all claims of co-participants, rescuers
and others arising from my conduct in the course of my participation in the Event.
IV.
Venue
and Jurisdiction I
agree that the appropriate state or federal trial court for any legal action
arising from this Agreement will be the one located in the State and county in
which this Event took place. V.
Severability I
understand and agree that this Agreement is intended to be as broad and
inclusive as is permitted by law and that if any provision shall be found to be
unlawful, void or for any reason unenforceable, that provision shall be severed
from this Agreement without affecting the validity and enforceability of any
remaining provisions. VI.
Mediation
and Arbitration In
the Event of a legal issue, I agree to engage in good faith efforts to mediate
any dispute that might arise. Any
agreement reached will be formalized by a written contractual agreement at that
time. Should the issue not be resolved
by mediation, I agree that all disputes, controversies or claims arising out of
my participation in the Event shall be submitted to binding arbitration in
accordance with the applicable rules of the American Arbitration Association
then in effect. The cost of such action
shall be shared equally by the parties. VII.
Participant
Attestations
1.
I assert that I am in good health and in
proper physical condition to safely participate in the Event. I certify that I have no known or knowable
physical or mental conditions that would affect my ability to safely
participate in the Event or that would result in my participation creating a
risk of danger to myself or to others. 2.
I acknowledge that Rugged Races LLC
recommends and encourages each client to get medical clearance from his/her
personal physician prior to participation. 3.
I assert that I have not been advised or
cautioned against participating by a medical practitioner. 4.
I understand that it is my
responsibility to continuously monitor my own physical and mental condition
during the Event and I agree to withdraw immediately and to notify appropriate
personnel if at any point my continued participation would create a risk of
danger to myself or to others. 5.
I attest that I am covered by medical
insurance. 6.
In the Event of an injury to me that
renders me unconscious or incapable of making a medical decision, I authorize
appropriate Rugged Races LLC personnel and emergency medical personnel at the Event
to make emergency medical decisions on my behalf. 7.
I authorize Rugged Races LLC to secure
emergency medical care or transportation (i.e., EMS) when deemed necessary by Rugged
Races LLC and agree to assume all costs of such care and transportation. 8.
I acknowledge that Rugged Races LLC has
instituted rules for the protection of myself and my co-participants. I agree to familiarize myself with those rules
and follow them throughout the Event. I
also recognize the authority of Rugged Races LLC to halt my participation (and,
if necessary, have me removed from the premises) if my participation, conduct
or presence endangers myself or my co-participants. Acknowledgment of
Understanding: I
have read this Photography Release, Assumption of Risk, Waiver of Liability,
and Indemnification Agreement and fully understand its terms. I understand that I am giving up substantial
rights, including my right to sue. I
further acknowledge that I am signing this agreement freely and voluntarily and
intend my signature to be a complete and unconditional release of all rights to
photographs of myself or my minor children (if applicable) and all liability
due to ORDINARY NEGLIGENCE of Rugged Races LLC (and other Released Parties) or
the INHERENT RISKS of the activity, to the greatest extent allowed by law. |