OCTANE WAIVER AND RELEASE OF CLAIMS, ASSUMPTION
OF RISK AND CONSENT TO MEDICAL TREATMENT
PLEASE READ THIS DOCUMENT (“WAIVER”) CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS, AND PROVIDE YOUR INITIALS ON EACH LINE AFTER READING. 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 THE WAIVER AND AGREED TO ITS TERMS.
The Waiver must be carefully read and signed in consideration of being permitted to enter (for any purpose) the Octane (“Event”), associated races, and associated property located at Event Location (“Premises”). As used herein, the term “Releasees” is defined to include the following: (i) Octane, its subsidiaries, affiliated companies, owners, members, managers, shareholders, directors, officers, past and present employees, agents, representatives, successors and assigns (collectively, “Octane”); (ii) and its partners, officers, employees, representatives and agents; (iii) City of Event Location, (iv) any Event volunteers; and (v) any Event sponsors.
____ 1. I understand that the Event is an inherently dangerous activity that presents extreme obstacles, including, but not limited to, litters, boxes, tires, poles, sandbags, obstacles, walls, cargo nets, junk cars, heights, climbing, crawling, carrying, pushing, pulling, steep hills and/or uneven terrain. It is my responsibility to inspect the course and to immediately alert the Event organizers of any unsafe situations.
____ 2. I expressly acknowledge and agree that the activities of the Event involve the risk of serious injury and/or death and/or property damage.
____ 3. I am fully aware of the risks and hazards inherent in participating in the Event and I voluntarily, knowingly and freely assume all risks associated with participating in the Event and entering the Premises, including, but not limited to, my own actions or inactions (or the actions/inactions of my minor child/ward), the actions or inactions of others (including Event attendees, staff or volunteers), falls, injuries, illnesses, infections, contact with others (including Event attendees, staff or volunteers), navigating any and all obstacles, Premises defects and the effects of weather, including, but not limited to, heat and/or humidity.
____4. I represent and warrant to Releasees that I am in good physical condition, am able to safely participate in the Event and have no medical condition that would make my participation in the Event more hazardous.
____5. If I am pregnant, disabled in any way or have recently suffered an illness or injury; I should have or did consult a physician before participating in the Event.
____6. I understand that it is my responsibility to obtain any insurance needed to cover personal injury or death and any liability I might incur to other Event participants.
____ 7. I consent to medical care and transportation in order to obtain treatment in the event of injury to me as Octane volunteers or medical professionals may deem appropriate and understand that the Waiver extends to any liability arising out of or in any way connected with such medical treatment or transportation.
____ 8. I agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by Octane through its employees, representatives or agents, and to abide by any decision of any Event official relative to my ability to safely participate in or attend the Event.
____ 9. 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. Octane may dismiss me, without refund, should my behavior endanger the safety of or negatively affect the Event, Premises or any person, facility or property. I also agree to indemnify the Releasees from any and all third party claims caused in whole or in part by my negligent or intentional acts or omissions.
____ 10. I agree not to consume alcohol prior to the Event or use any medicine or substance that will inhibit my mental or physical ability to safely participate in the Event. If I choose to consume alcoholic beverages after the Event, I will do so responsibly and only if I am over the age of 21.
____ 11. 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.
____ 12. I understand and agree that pets, wheeled baby conveyances or other wheeled means of conveyance are not permitted on the Event course.
____ 13. I consent to the use of my image in photographs, motion pictures or recordings taken at the Event for use in Event advertising, marketing or promotion.
____ 14. I assign to Octane all rights, title, and interest in any photographs, motion pictures, recordings or other records of the Event I may take or capture to Octane. Octane grants to me a limited, non-exclusive right and license to use, for non-commercial purposes only, any photographs, motion pictures, recordings or other records of the Event I may take or capture at the Event.
____15. I understand and agree that the sale of unauthorized merchandise is not permitted and I may be dismissed from the Event for selling such merchandise.
____16. I understand and agree that I may not bring weapons, fireworks or illegal substances to the Event or the Premises.
____17. I understand and agree that all ticket purchases are final and non-refundable.
____18. I understand and agree that Octane reserves the right to cancel the Event in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots or for any reason that, in Octane’s discretion, will protect the safety and security of Event participants and attendees. In the event of such cancellation, there will be no refund of my ticket purchase, however you will receive a free registration to any other Octane event.
____ 19. 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 participation in the Event, whether or not caused by the active or passive negligence of the Releasees.
____ 20. I indemnify and hold harmless the Releasees from any loss, liability, damage or cost they may incur while I am at the Event or on the Premises, whether or not caused by the active or passive negligence of the Releasees.
____ 21. I release, waive, discharge and covenant not to sue the Releasees from all liability to me, my personal representatives, assigns, heirs and next of kin, for any direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or co claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether connected with my (or my child’s/ward's) participation in the Event or while on the Premises, whether or not caused by the active or passive negligence of the Releasees.
____ 22. I understand and acknowledge that the laws of the State of Texas shall apply to all matters relating to this Waiver regardless of the Event location, that the exclusive jurisdiction for any dispute with the Releasees resides in state or federal court in Travis County, Texas and I expressly consent to the exercise of personal jurisdiction in the State of Texas in connection with any dispute with the Releasees arising from my Event participation or attendance.
____ 23. I expressly agree that this Waiver is intended to be as broad and inclusive as permitted by the law of the State of Texas, and that if any portion is held invalid, the balance shall continue in full legal force and effect.
I HAVE READ THIS DOCUMENT 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 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 PARTICIPATING IN 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, Octane, and individual Octane 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 .