Goliath Gauntlet Race Waiver, Release, and Covenant Not to Sue

WARNING! THE GOLIATH GAUNTLET CAN BE DANGEROUS AND YOU CAN BE HURT BY PARTICIPATING AND THIS LEGAL WAIVER & RELEASE GIVES UP ALL YOUR RIGHTS TO SEEK ANYTHING FROM THE ORGANIZER AND ITS RELATED ENTITIES INCLUDING, BUT NOT LIMITED TO, ACCUCHIP USA, INC. READ IT CAREFULLY AND DO NOT PARTICIPATE IF YOU ARE NOT WILLING TO ACCEPT ALL OF THESE TERMS.

I, the Participant named above, am voluntarily entering into this Agreement because I understand that if I do not, I will not be allowed to participate. I know that the Organizer is relying on the promises and representations I am making in this Agreement.

 

I have been advised and am fully aware that the Goliath Gauntlet (“Goliath Gauntlet” is a term in this Agreement that includes the obstacle course as well as all the related activities) can be dangerous and there are risks involved in my participation. I know that I might be seriously injured or even killed as a result of my participation in the Goliath Gauntlet.

 

I know that this Agreement is a legal document and it is enforceable against me. I am entering into this Agreement on behalf of myself and my representatives, assigns, successors, administrators and anyone else claiming by or through me, including but not limited to any representative(s) of my estate(all of which are hereafter called my “Representatives”). I intend to bind myself and my Representatives to ALL the terms of this Agreement. This is expressly for the benefit of the Organizer (Sheridan House Family Ministries, Inc.) as well as Sheridan House, Inc., and the Organizer’s affiliates, parents, subsidiaries, members, managers, officers, employees, agents, and assigns, as well as the officials, volunteers, sponsors, advertisers, and independent contractors – all of which together are called in this Agreement the RELEASED PARTIES.

 

THIS IS MY VOLUNTARY CHOICE: I desire to participate in the Goliath Gauntlet and have decided to do so of my own free will and not due to any promise, representation, inducement, or duress whatsoever. I understand that my entering into this Agreement is part of the required consideration for being allowed to participate in the Goliath Gauntlet.

 

I UNDERSTAND THE NATURE OF THE EVENT: I understand that participating in the Goliath Gauntlet means racing through and negotiating a course of adventure obstacles such as tires, bales of hay, fences, walls, mud pits, hanging ropes, and all sorts of obstacles that will expose me to electric shock, bodies of water with depth ranging from 1 to 2,000 feet deep, cargo nets, fire, and barbed wire. I know this is a DANGEROUS, CALCULATED RISK activity which can, and sometimes does, result in SERIOUS, PERMANENT BODILY INJURY OR DEATH to its participants. I understand that participating in the Goliath Gauntlet is a very dangerous thing to do and I can be injured or killed EVEN IF I DO EVERYTHING AS I WAS SUPPOSED TO DO. I am accepting these and all other accompanying risks in order to be allowed to participate in the Goliath Gauntlet. I represent that I have not been advised or cautioned against participating by a medical practitioner and I represent that I am covered by medical insurance.

I ASSUME ALL RISKS OF ANY NATURE FOR ANY DEATH, INJURY, OR ANY OTHER

DAMAGES to myself, my property, or the property of others which may in any way, whether foreseeable or not, arise out of my participation in the Goliath Gauntlet, and/or from the actions – specifically including negligent acts or omissions– of all persons involved directly or indirectly in the Goliath Gauntlet. I KNOW AND FULLY APPRECIATE THAT MY PARTICIPATION IN THE GOLIATH GAUNTLET EXPOSES ME TO RISK OF SERIOUS PERSONAL INJURY OR DEATH AND VOLUNTARILY ASSUME SUCH RISK.

 

For valuable consideration, including, but not limited to, the opportunity to participate in the Goliath Gauntlet, I for myself and for my Representatives, HEREBY EXPRESSLY RELEASE, DISCHARGE, HOLD HARMLESS FROM, AND WAIVE ANY AND ALL CLAIMS (INCLUDING BUT NOT LIMITED TO CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH), WHETHER FORESEEABLE OR NOT, ARISING FROM NEGLIGENCE, CARELESSNESS, STRICT LIABILITY, OR OTHERWISE which I or my

Representatives may presently or at any time in the future possess against anyone associated with the Goliath Gauntlet, including, but not limited to, the RELEASED PARTIES and any other persons or entities with which the RELEASED PARTIES have any connection, that are involved my participation in the Goliath Gauntlet, or which may presently or in the future arise out of, or in any manner occur in connection with, my participation in the Goliath Gauntlet.

 

I COVENANT NOT TO SUE, which means that I agree never to pursue any claim or institute any lawsuit or action at law or otherwise against any of the RELEASED PARTIES, nor initiate or assist in the prosecution of any claim or cause of action for damages or injury, that I or my Representatives may have either now or at any time in the future, by reason of any loss or injury (including death) to my person or property relating to or arising out of the activities contemplated by or in this Agreement and my participation in the Goliath Gauntlet.

 

I UNDERSTAND THE VALIDITY AND ENFORCEABILITY OF THIS AGREEMENT and so I understand and agree that if I, or any of my Representatives, initiates any suit or action at law against any of the RELEASED PARTIES for any loss or injury, no matter how minor or severe, to my person or property, that this Agreement will be used in court to defeat that claim. I ALSO UNDERSTAND THAT AGREEMENTS SUCH AS THIS HAVE BEEN UPHELD IN COURT BEFORE IN CONNECTION WITH INJURIES, LOSS, AND DEATH ARISING OUT OF PARTICIPATION IN ACTIVITIES SIMILAR TO THE GOLIATH GAUNTLET.

 

I hereby affirm that while dangerous and risky, the activities included in the Goliath Gauntlet ARE NOT ULTRA HAZARDOUS ACTIVITIES for which a party may be held strictly liable, NOR DO THEY INVOLVE A PUBLIC SERVICE or are in the public’s interest. Rather, they are recreational activities in which I am voluntarily participating for my own enjoyment.

 

I hereby grant permission to the RELEASED PARTIES to film, photograph, videotape, and otherwise record me, free of charge, as it relates to my attendance at and participation in the Goliath Gauntlet, and I acknowledge and agree that the RELEASED PARTIES 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 Goliath Gauntlet 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 known or hereinafter devised in perpetuity without compensation to me and free of charge by me. I hereby agree not to author, photograph, publicize, record, tape, publish, film, or in any other way memorialize for profit, gain, or publicity any matter related to the Goliath Gauntlet.

I specifically agree to recognize that all rights to promote, license, or capitalize on the Goliath Gauntlet belong solely and exclusively to the Organizers.

 

I understand that my execution of this Agreement and tender of any required fee(s) and/or deposit(s) is final, that THERE ARE NO REFUNDS, and that under no circumstances will my fee(s) and/or deposit(s) be refunded to me. I specifically acknowledge that the RELEASED PARTIES retain the sole discretion to postpone, cancel, or modify the Goliath Gauntlet due to weather conditions or other factors that might affect the health and/or safety of the participants and that should any of those possibilities occur no refund will be granted.

 

I also understand that the Goliath Gauntlet has Rules and Regulations which may be unilaterally revised or modified from time to time. I promise to read, understand, and follow those Rules and Regulations as they exist at the time of the event.

MINORS: IF UNDER 18, SIGNATURE OF PARENT OR GUARDIAN IS REQUIRED BELOW

 The undersigned, being the parent, natural or legal guardian of the child named below, does hereby represent that he/she/they is/are, in fact, acting in such capacity, has fully read and understood the terms of this Agreement and the risks assumed in allowing a child to participate in the Goliath Gauntlet, consents to and grants permission for the child’s participation in the Goliath Gauntlet, and agrees to indemnify, save, and hold harmless each and all of the parties herein referred to above as RELEASED PARTIES from all loss, liability, damage, cost, or claim whatsoever arising out of, related to, or resulting from the child’s participation in the Goliath Gauntlet.

 

THE GOLIATH GAUNTLET RULES   AND REGULATIONS

By my initialing the rules and regulations below, I am representing that I have read, understood, and agree to abide by these rules and regulations.

 

               1. No Participant may participate in the Goliath Gauntlet without first reviewing and executing the Goliath Gauntlet Race Waiver, Release, and Covenant Not to Sue.

 

               2. No Participant may participate in the Goliath Gauntlet unless that Participant is, in the Participant’s sound and considered discretion, fully medically able. Any Participant’s participation in the Goliath Gauntlet shall constitute that Participant’s express acknowledgement that, in the Participant’s sound and considered discretion, the Participant is medically able to safely perform any and all activities that are included within the Goliath Gauntlet.

 

               3. The Goliath Gauntlet and its Organizer, officers, directors, employees, agents, and/or volunteers retain the right to refuse entry to the Goliath Gauntlet to any Participant for any reason in their sole discretion, including, but not limited to, protection of the safety and welfare of the Participant or any other Participant, spectator, sponsor, and/or staff or volunteer.

 

               4. Each Participant agrees to abide by any decision of a Goliath Gauntlet official relative to the Participant’s ability to safely participate in the Goliath Gauntlet.

 

               5. Each Participant agrees not to consume alcohol prior to the Goliath Gauntlet or to consume any medicines or other substances that may inhibit the Participant’s mental or physical ability to participate safely and effectively in the Goliath Gauntlet.

 

               6. Each Participant shall abide by all civil and criminal laws, regulations, or rules at all times while traveling to, participating in, or traveling from the Goliath Gauntlet.

 

               7. Each Participant acknowledges and agrees that the Goliath Gauntlet, the Organizer, and the Released Parties shall not be responsible for any personal items or property of any Participant that may become lost, stolen, or damaged in a gear check area or any area within which the Goliath Gauntlet may take place.

 

               8. Each Participant consents to emergency medical care and/or transportation in the Goliath Gauntlet of injury or illness as any Goliath Gauntlet official may deem appropriate in their sole discretion; and further agrees to assume all costs of emergency medical care and transportation.

 

               9. No strollers, wheeled child conveyances, or any other wheeled means of conveyance shall be permitted at the Goliath Gauntlet.

 

               10. No pets shall be permitted at the Goliath Gauntlet. (Certified service animals may be permitted, but may be subject to muzzle or other requirements, restrictions, and/or may be confined to specific areas.)

 

               11. Each Participant recognizes that the Goliath Gauntlet may contain certain portions or obstacles that include water or require swimming or otherwise traversing water. Participants shall not, under any circumstances, dive head first into any such water hazard or obstacle. Each Participant further acknowledges that any such water hazard and/or obstacle shall be constituted of water that has not been tested for any chemicals, fertilizers, bacteria, or other organisms and that the Goliath Gauntlet organizer makes no representations as to the cleanliness of such hazards and/or obstacles. Each Participant acknowledges that any water hazard or obstacle within the Goliath Gauntlet is not potable.

 

               12. Each Participant recognizes that the Goliath Gauntlet makes no representations regarding the presence or absence of any wild animals, reptiles, or insects within the Goliath Gauntlet grounds.

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, Goliath Gauntlet, and individual Goliath Gauntlet 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 consent to the collection and use of my Personal Information as contained in the Privacy Policy. I also give my permission for the free use of my name and/or pictures in telecasts, broadcasts, newspapers, posters, advertising, etc.

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 .