Texas Warrior Mudout Battle of the Elite - 2020

Texas Warrior Mudout Waiver WAIVER AND RELEASE OF CLAIMS, ASSUMPTION OF RISK, AND WARNING OF RISK My agreement to the terms of this Waiver of Liability and Release is being provided in consideration of Be the Change Permian Basin and the “Event” Texas Warrior Mudout, permitting me, or a minor for whom I am the parent or legal guardian, to participate in the Event. If I am signing this Waiver and Release of Liability on behalf of a minor, I hereby certify to Be the Change Permian Basin that I am the parent or legal guardian of such minor with the legal authority to sign this Waiver and Release of Liability on behalf of such minor, and in such event references below to "I" or "me" include such minor unless the context clearly indicates otherwise. 1. I acknowledge and agree that participation in the Event is voluntary. 2. I agree not to participate in the Event unless I am physically and medically able to do so. 3. I agree to not consume alcohol or ingest any medicines or substances prior to the Event that may inhibit my mental or physical ability to safely and effectively participate in the Event. 4. I agree to comply with any stated terms or directions for participation in the Event, and agree that any decision of an Event official regarding the Event is final. 5. I acknowledge and agree that participation in the Event presents extreme obstacles, including but not limited to difficult climbs, mud pits, water obstacles, and hills; that the Event requires extreme feats of a person's physical and mental limits; and that the Event carries with it the potential for serious injury, including death, and property loss. 6. I ASSUME ALL RISKS associated with participating in the Event, both known and unknown, even if arising from the negligence of the Releasees (as defined below) or others. These risks include those set forth above and others, including not limited to falls, contact with other participants, negligent or willful acts of other participants, defects in equipment or in the condition of the premises, and the effects of the weather, including high heat, humidity, cold, rain and other adverse weather conditions. 7. I HEREBY WAIVE, RELEASE and FOREVER DISCHARGE Be the Change Permian Basin, any operator, promoter, or sponsor of the Event and any owner or landlord of the Event venue (including but not limited to Be the Change Permian Basin) and any person or entity advertising or otherwise sponsoring products or services at the Event and their parent companies, subsidiaries, other affiliates and assigns, and each of their owners, directors, officers, employees, representatives agents, volunteers and clubs (the "Releasees") from, and COVENANT NOT TO SUE, any of the Releasees for, any and all claims, losses, costs, expenses or liabilities (including those involving death, disability, personal injury or property damage) arising out of or relating to my participation in the Event, whether caused, in whole or in part, by the SOLE OR CONCURRENT NEGLIGENCE of one or more RELEASEES, the NEGLIGENCE of others (whether active or passive) or the wrongdoing, strict liability or fault of the Releasees, to the fullest extent permitted by law. 8. I agree that the Releasees are not responsible in any way for any personal item or other property that is lost or stolen at the Event, including but not limited to items in the gear check area. 9. I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me, as medical professionals may deem appropriate. The release in Section 7 above extends to any liability arising out of or in any way connected with medical treatment and transportation provided in the event of an emergency. 10. I agree not to use any wheeled baby conveyance or other wheeled device of any nature in the race. 11. I acknowledge and agree that no animals are permitted at the Event. 12. I acknowledge and agree that all entries are final with no refunds. WAIVER OF LIABILITY AND RELEASE 13. I acknowledge and agree that the Event officials reserve the right to cancel or change the Event if in their sole judgment such cancellation or change is necessary or prudent due to emergency, severe weather or local or national disaster, and that if there is a cancellation or change no refund of entry fees will be made. 14. I agree to exhibit appropriate behavior at the Event at all times, including obeying all laws. This includes respect for all people, equipment and facilities, and cooperative, positive participation in the Event. I acknowledge and agree that I may be dismissed from the Event, without a refund, if in the sole judgment of the Event officials I engage in inappropriate behavior, including but not limited to behavior that endangers the safety of others or affects or reflects on the Event in a negative way. I agree to indemnify the Releasees from any and all third party claims asserted against them that are caused in whole or in part by my actions. 15. I irrevocably grant permission to Be the Change Permian Basin, and its affiliates and assigns, and their owners, directors, officers, employees, agents, volunteers and clubs, to use any photographs, motion pictures, recordings or any other record of the Event for any purpose, including but not limited to promoting, advertising and marketing purposes. Any and all photographs, motion pictures, recordings or other records of the Event are the sole property of Be the Change Permian Basin. 16. This Agreement shall be governed by the internal laws of the State of Texas without regard to principles of conflicts of laws. Any legal action or proceeding relating to or arising out of the Event or this Waiver and Release of Liability shall be commenced exclusively in the state courts located in Midland County, Texas, or in the United States District Court for the Western District of Texas if subject matter jurisdiction exists. TO THE FULLEST EXTENT PERMITTED BY LAW, I WAIVE THE RIGHT TO TRIAL BY JURY. Rock the Desert Ministries Waiver This agreement releases Rock the Desert Ministries from all liability relating to injuries that may occur while on the grounds of Rock the Desert, this includes event participants as well as anyone else on the Rock the Desert grounds. By signing this agreement, I agree to hold Rock the Desert Ministries entirely free from any liability, including financial responsibility for injuries incurred, regardless of whether injuries are caused by the negligence of Rock the Desert Ministries or its employees and agents. By signing you accept full responsibility of all injury at your own risk. This agreement releases Rock the Desert from all liability relating to stolen, lost, or damaged property that may occur while on the grounds of Rock the Desert, as well as anyone else on the Rock the Desert grounds for your event such as vendors, volunteers, participants, organizers, etc. Rock the Desert is NOT responsible for any lost, stolen, damaged articles or property. I also acknowledge the risk of injury involved in volunteer work, grounds rental, community service and events on grounds. I completely release Rock the Desert Ministries of anything that happens on Rock the Desert grounds. I completely agree that I / event coordinator / participant / anyone else on the Rock the Desert grounds are responsible for any physical harm or injury while on the RTD grounds. By signing below, I forfeit all right to bring a suit against Rock the Desert Ministries for any reason. In return. I will also make every effort to consider safety and safety precautions to myself and others. I also agree to follow safety rules as well as guidelines received either verbally or in writing by Rock the Desert Staff. Our desire is to keep our environment safe for all that are on our grounds and I am aware that anyone that appears to be a safety risk to themselves or others will be asked to leave, as listed in writing and as explained to me verbally. I will ask for clarification when needed.

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, Texas Warrior Mudout Battle of the Elite, and individual Texas Warrior Mudout Battle of the Elite 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 .