Event Liability Release:
I acknowledge that participating in [Event] The Never Summer Adventure Race involves an above average risk of personal injury to me and my property, and I knowingly and voluntarily agree to the terms and conditions outlined in the CONSENT, WAIVER, AND RELEASE FROM LIABILITY. In consideration and exchange for being permitted to compete in the Event, and having the opportunity to win prizes, I agree to the following:
I am over eighteen (18) years of age, or if under 18, I must have my parent signature on additional release form(s), in good health and have no physical conditions that affect my ability to participate in the Event and have not been advised otherwise by a medical practitioner. I am covered by medical insurance, individually or as apart of an organization. I agree that I may choose prior to participation in the Event to inspect the related facilities, site, and equipment. I will immediately advise Event personnel of any unsafe condition that I observe. I will refuse to participate in the Event until all unsafe conditions have been remedied.
If under eighteen (18) years of age, a parent or guardian signature is required on this liability release form. No child under the age of ten (10) is permitted in the Event, and participants under the age of eighteen (18) may participate in an altered course design at the Event.
I assume full responsibility for all risks associated with my child’s or my participation of the Event and the risk of injury caused by the condition of my property, facilities, or equipment used during the Event, which may not be foreseeable by anyone at any time. I hereby release, waive, discharge, and agree not to sue Never Summer Race Productions Inc., Rocky Mountain Adventure Series, the United States Adventure Racing Association, the Bureau of Land Management, the United States Forest Service or the land owners on which the Event takes place, along with their parent companies, affiliates, and their successors and assigns (Companies), their respective employees, shareholders, members, officers, directors, agents, or volunteers for any injuries, losses, damages, liabilities, or expenses that are caused or alleged to be caused by their negligent acts or omissions, or the condition of the property, facilities, or equipment used for the Event.
This waiver is a legally binding agreement and will be construed broadly to provide a release and waiver to the maximum event permissible under applicable law. Any provisions found to be void or unenforceable shall be severed from this agreement, and not affect the validity or enforceable of any other provisions.
I UNDERSTAND THAT ADDITIONAL RELEASE FORMS MAY BE SIGNED AT THE EVENT CHECK-IN. THESE MAY INCLUDE RELEASE FORMS FROM ENTITIES OTHER THAN NEVER SUMMER RACE PRODUCTIONS INC. OR JOURNEY RACING.
I HAVE READ THIS DOCUMENT AND I UNDERSTAND ITS CONTENT. I UNDERSTAND THAT BY REGISTERING FOR THE EVENT, I HAVE GIVEN UP SUBSTANTIAL RIGHTS. I HAVE VOLUNTARILY AGREED TO THIS RELEASE. I AGREE THIS DOCUMENT IS NOT ONLY BINDING ON ME BUT WILL ALSO BE BINDING UPON MY PERSONAL REPRESENTATIVES, EXECUTORS, HEIRS, AND NEXT OF KIN. I UNDERSTAND THAT REGISTERING ONLINE FOR THIS EVENT SERVES AS MY SIGNATURE FOR THIS RELEASE OF LIABILITY.
I understand that this Waiver and Release may be stored electronically and agree that a copy is authentic and admissible as evidence in any future dispute or proceedings.
Participant’s Name (Printed)
Participant’s (or Guardian’s) SignatureDate
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, sponsors, affiliates, volunteers, Never Summer Adventure Race, and individual Never Summer Adventure Race 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 .