REDDING SUNRISE ROTARY NASH RANCH MUD MASH WAIVER AND RELEASE
By indicating your acceptance, understand, agree, warrant and covenant as follows: WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, COVENANT NOT TO SUE, AND INDEMNIFICATION AGREEMENT (Read carefully before signing. This document has significant legal consequences. You may wish to consult with an attorney before signing).
IN CONSIDERATION of being allowed entry upon the real property known as Nash Ranch (“the Property) leased by and being allowed to participate in the event known as Nash Ranch Mud Mash (“the Activity”) and to observe and/or participate in any other activities on the Property (including, but not limited to, racing, running, swimming, spectating, (the “Activities”), the undersigned, on behalf of him/herself and his/her personal representatives, heirs, next of kin and spouse, agrees that: WAIVER & RELEASE OF LIABILITY. I release the Nash Ranch. Nash Ranch Mud Mash, Redding Sunrise Rotary, their officers, directors, agents, employees, independent contractors, consultants, affiliates, successors & assigns, promoters, sponsors, advertisers, volunteers, rescue personnel, inspectors, surveyors, underwriters & other persons or entities who give recommendations, directions or instructions, or engage in risk evaluation or loss control activities and their directors, officers, agents and employees (herein collectively referred to as “Releases”), from all liability which I may have, or which any personal representative, spouse, heir or assigns of mine may have, arising out of or relating in any fashion whatsoever to my physical presence on the Property or my participation in the Activity/Activities on the Property.
ASSUMPTION OF RISK. I understand and comprehend the risks associated with my physical presence on the Property and the Activity/Activities engaged in by myself and others at the Property and hereby assume full responsibility for any risks of bodily injury, death or property damage arising out of my physical presence on the Property and my participation in the Activity/Activities being engaged on the Property by myself and others, whether caused by the negligence of the Releases or the negligence or misconduct of other participants in the Activity/Activities, or otherwise.
COVENANT NOT TO SUE. I hereby covenant not to sue or otherwise assert a claim of any nature whatsoever against Releases, or any of them, arising out of or in any way related to my physical presence at the Property or my participation in the Activity/Activities.
INDEMNITY AGREEMENT. I hereby agree to indemnify, hold harmless and defend from and against any and all claims, costs, expenses, or liability (including attorney’s fees), attributable to bodily injury, sickness, disease, or death, or to damage or destruction of property (including loss of use thereof) caused by, arising out of, resulting from, or occurring in connection with my participation in the Activity/Activities or any other conduct of mine while on the Property. I agree that this release, waiver, and indemnity agreement is intended to be as broad & inclusive as permitted by the laws of the State of California, and that if any portion of the agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force & effect.
NO WARRANTIES. I acknowledge that there have been no warranties, express or implied, regarding the condition of the Property or the physical or mental condition, competency or skills of any other person using the Property or officiating any event held at the Property. MEDICAL AID. I further release all Releases from any claim whatsoever on account of any first aid treatment or services rendered to me as a result of my physical presence and/or my participation in the Activity/Activities , including but not limited to negligence in any rescue operation, or in the event that medical care is not provided. I hereby consent to being transported to doctors, clinics or hospitals as necessary in the event of any injury, and I hereby assume responsibility for all costs incurred by such transportation and treatment, including costs of collection, which may include reasonable attorney’s fees. I understand that the Property is in a remote location and that medical care may be inadequate or unavailable.
I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, COVENANT NOT TO SUE, AND INDEMNIFICATION AGREEMENT. I FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING IT AND I HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND I INTEND FOR MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE TO THE GREATEST EXTENT ALLOWED BY LAW.
I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims.
Name Signature _______________ Date _______________
***PARENT OR GUARDIAN OF A PARTICIPANT UNDER THE AGE OF 18***
I, the parent or guardian of the above named participant, hereby give my approval to this child’s participation in the event and its activities. I assume all risks and hazards incidental to such participation in Nash Ranch Mud Mash, and I hereby waive, release, absolve, indemnify, and agree to hold harmless Nash Ranch Mud Mash, Redding Sunrise Rotary and Nash Ranch, its officers, heirs, assigns, administrators, personal representatives and executors, firms, corporations, businesses, and past and present employees, owners, agents, shareholders, volunteers, administrators, sponsors, supervisors, participants, and all sponsors, their representatives and successors and others persons, for any claim arising or of an injury to my/our child and from any and all claims, causes of actions, obligations, lawsuits, charges, complaints, contracts, controversies, covenants, agreements, promises, damages, costs, expenses, responsibilities, of whatsoever kind, nature or description, whether, direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, from all claims or liabilities of any kind arising out of or connected with my child(ren)’s participation in this event. I consent to the foregoing and grant permission for him/her to participate in the Nash Ranch Mud Mash. I acknowledge I have carefully read, accepted and agreed to the terms on this Release and Liability waiver, and know and understand their contents and I sign the same of my own free act and deed.
Child Name Parent Name ______________________________ _
Signature __ Date _________________________________________
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, Redding Sunrise Rotary Mud Run, and individual Redding Sunrise Rotary 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 .