BIGDOGBRAG & HAWK PRODUCTIONS, LLC Colorado Springs 2020
PARTICIPANT WAIVER, RELEASE OF LIABILITY, COVENANT NOT TO SUE & IMAGE RELEASE (“AGREEMENT & WAVIER”)
PLEASE READ THIS AGREEMENT & WAIVER CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS, BY SIGNING BELOW, YOU (ON BEHALF OF YOURSELF OR YOUR MINOR CHILD/WARD AND ANY PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS AND NEXT OF KIN) ACKNOWLEDGE, AGREE AND REPRESENT THAT YOU HAVE CAREFULLY READ AND FULLY UNDERSTOOD THIS DOCUMENT AND AGREED TO ITS TERMS. YOU AGREE THAT IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT & WAIVER, YOU SHOULD NOT PARTICIPATE IN THE EVENT.
As a participant of a BIGDOGBRAG mud obstacle course or related events (the "Event") and/or activities
I , the undersigned, acknowledge, appreciate, and agree that:
1. I understand that the Event is a test of my physical and mental limits and an inherently dangerous activity that presents extreme obstacles, including, but not limited to, mud pits, slides, cargo nets, heights, climbing, jumping into water, water crossings, swimming, steep hills and/or uneven terrain. I understand and accept that some of the Event course or obstacles may go through water that has not been treated for chemicals, disease or contamination and that the Event course may contain wild animals, snakes, insects and plants.
2. I expressly acknowledge, understand and agree there is a risk of injury and/or death and/or property damage from the activities involved in on the Event course and its related events and as a participant I understand that there is a potential related risk to me due to my presence near the Events;
3. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASES or others, and assume full responsibility for my participation;
4. I acknowledge and agree that the risks associated with the Event are open and obvious and that I have been informed and warned of those risks. In addition, I will have the opportunity to inspect each obstacle prior to attempting it and I will not attempt such obstacle unless I believe it is safe to do so. I agree and understand that attempting or completing any obstacle is purely voluntary and I am free to avoid any obstacle. If I observe any unusual and/or significant hazard during my presence, I will remove myself from the area that I perceive as a hazard and shall bring such hazard to the attention of the nearest official;
5. I, for myself and on behalf of my heirs, assigns, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE, BIGDOGBRAG, Hawk Productions LLC, Ram Off Road Park, Katram LLC, and their officers, directors, representatives, officials, agents and/or employees, subsidiaries, and/or assigns, as well as their independent contractors, sponsoring agencies, sponsors, advertisers, volunteers, and if applicable, owners and lessors of the premises used to conduct the Event (collectively, the "Releasees"), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, and/or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
6. I agree to indemnify and hold harmless the Releasees from and against all suits, actions, legal proceedings, claims, demands, damages, judgments, liabilities, interest, attorneys’ fees, costs and expenses of whatever kind or nature (collectively, “Claims”) directly or indirectly caused by any act or omission of the Releasees or others (including Event attendees) while I am (or my child/ward is) at the Event or on the Premises, regardless of whether or not I am (or my child/ward is) participating in the Event at the time and regardless of whether or not caused by or alleged or claimed to be caused by the active or passive negligence of the Releasees.
7. I further agree to indemnify, defend and hold harmless Releasees from any loss, liability, cost, claim or damages arising from my participation in or association with activities and events organized and sponsored by the Event or any person or organization connected with the Events;
8. My attendance as a participant at the Events organized or sponsored by BIGDOGBRAG and HAWK PRODUCTIONS LLC is entirely voluntary;
9. I understand that it is my responsibility to obtain any insurance necessary to cover injuries or medical costs I may incur at the Event, and I certify that on the day of the Event I will be covered by such insurance. I agree to assume liability for any medical costs incurred as a result of my participation in the Event and agree to indemnify and hold harmless the Releasees from all liability for such costs. I understand that the Releasee does not provide medical insurance coverage and that if injured, I will have to pay for those medical bills and expenses if they are not covered by our own health/medical insurance.
10. I consent to first aid, medical care and/or transportation in order to obtain treatment in the event of injury to me as the Releasees or medical professionals may deem appropriate and I understand that this Agreement & Waiver extends to any liability connected with such treatment or transportation. I authorize the disclosure of medical information concerning my health, injuries, incapacity, medical emergency or treatment that may occur at the Event and to allow that information to be provided to a family member, friend, medical professional or Event official.
11. I agree that if I am (or my child/ward’s) not in proper physical or mental condition on the day of the Event or if I have any questions about my ability to safely participate in the Event, that I will not participate in the Event.
12. I agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Event through its employees, representatives or agents and to abide by decisions of any Event official relative to my ability to safely participate in or attend the Event. I understand and agree that I am expected to exhibit appropriate behavior at all times while at the Event or on the Premises and to obey all local, state and federal civil and criminal laws. This includes, generally, respect for other people, equipment, facilities or property. The Event may dismiss me, without refund, should my behavior endanger the safety of or negatively affect the Event, Premises or any person, facility or property.
13. I recognize and acknowledge that there are hazards and risks of physical injury or illness to Event participants and that not all such hazards or risks can be fully eliminated. I freely and voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity, that I (or my child/ward) may sustain as a result of my (or my child’s/ward’s) participation in the Event, whether or not caused by the active or passive negligence of the Releasees.
14.I understand and agree that the Releasees are not responsible for any personal item or property that is lost, damaged or stolen at the Event or on the Premises. I understand and agree that pets, strollers or other wheeled means of conveyance are not permitted on the Event course. I understand and agree that I may not bring alcohol, weapons, fireworks or illegal substances to the Event or the Premises or sell unauthorized merchandise at the Event or on the Premises. Failure to abide by these or other rules published by the Event may result in my dismissal from the Event without refund.
15.I understand, acknowledge and agree that the laws of the State of Colorado shall apply to all matters relating to this Agreement & Waiver regardless of the Event location, that the exclusive jurisdiction for any dispute with the Releasees resides in state or federal court in El Paso County, Colorado (where the Event is located) and I expressly consent to the exercise of personal jurisdiction in the State of Colorado in connection with any dispute with the Releasees relating to the Event and/or this Agreement & Waiver.
16. I understand and agree that this Agreement & Waiver constitutes the entire agreement between the parties relating to the subject matter hereof, is a contract that shall be binding to the fullest extent permitted by law and is intended to be as broad and inclusive as permitted by the law of the State of Colorado. If any part of this Agreement & Waiver is deemed to be unenforceable, the balance shall continue in full legal force and effect.
17.The Releasees reserve the right, in its 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 the participants.
18. I hereby grant permission gratis to the Releasees to film, videotape and record gratis the performance of the above named participant (referred to herein as "I", "me", "my") as it relates to the Event and subsequently to telecast and otherwise utilize the same gratis in whatever manner Releasees shall deem appropriate. Such permission shall include the unlimited right to appropriate use gratis by Releasees of my name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the Event. I acknowledge that Releasees and their representatives shall have the unlimited right throughout the universe to copyright, use, reuse, publish, republish, broadcast and otherwise distribute all or any portion of the Event in which I 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 know or hereinafter devised in perpetuity without compensation. In consideration and in return for being allowed to participate in the Event, I release and agree not to sue the Releasees from all present and future claims regarding my participation in the Events that may be made by me, my family, estate heirs, or assigns.
19. I hereby grant permission to use my personal information for contacting me and for promotion of the Event to include but not limited to; email, mail, text, and phone.
I UNDERSTAND THAT THE EVENT IS A TEST OF MY PHYSICAL AND MENTAL LIMITS, THAT THERE ARE INHERENT RISKS INVOLVED IN PARTICIPATING IN THE EVENT AND THAT ENGAGING IN THOSE RISKS IS ONE OF THE PRIMARY REASONS I HAVE VOLUNTARILY DECIDED TO PARTICIPATE IN THE EVENT. I HAVE READ THIS AGREEMENT & WAIVER AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING BELOW, INCLUDING THE RIGHT TO SUE THE RELEASEES. I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT & WAIVER FREELY AND VOLUNTARILY AND INTEND MY SIGNATURE TO BE A WAIVER AND COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY DUE TO THE NEGLIGENCE OF RELEASEES OR THE INHERENT RISKS OF THE EVENT.
WAIVER: I, the undersigned participant (and my parent or guardian if I am younger than 18 years of age), intending to be legally bound, do hereby forever release and waive any and all rights, claims, and actions for damages that we, our heirs, executors, administrators, and assigns may have, or that may hereafter accrue against any and all persons, organizations, and other entities associated with the event, including, but not limited to Race Entry, USA Track and Field, sponsors, affiliates, volunteers, BIGDOGBRAG The Colorado Mud Run, and individual BIGDOGBRAG The Colorado Mud Run organizers, arising out of or in connection with my involvement before, during, or after the event.
I verify that I am physically fit and sufficiently trained to participate in this event and I assume the risks involved in this activity. I further attest that I will be mindful of traffic along the race course, and hold said sponsors and organizers blameless in any harm that may happen.
I also acknowledge understanding that the charge to my card will show up as Race Entry. I acknowledge that the online processing fees and charitable donations are non-refundable. I also acknowledge that any charitable donations will have 4.97% withheld from the donation to pay credit card and administrative costs.
Race Entry shall not be liable to you for any direct, indirect, special, incidental, consequential or exemplary damages including, but not limited to, loss of profits, goodwill, use, data or other intangible loses. Race Entry does not guarantee the completeness or accuracy of any information contained in, or provided in conjunction with the http://www.raceentry.com website. Race Entry is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Race Entry facilitates registration for various events, some of which allow participants under the age of thirteen (13). We require a submission of birth date for all registration entries. For children under the age of thirteen (13), parental or guardian consent is required.
You agree that the statutes and laws of the State of Utah, USA, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Race Entry relating to this Agreement and Waiver resides in the courts of Utah, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Utah in conjunction with any such dispute including any claim involving Race Entry .
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