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The Guardsman - 2021

Please be aware that in signing this waiver you are agreeing to the terms set forth for the following three (3) entities - Utah's Toughest, Jordanelle State Park, and UDOT.   

 

Utah's Toughest Liability Waiver

  1. As a participant in The Guardsman, I agree to abide by the regulations set out in the The Guardsman Athlete Guide along with the requirements of the Race Director and Race Manager as set out at the Athlete Meeting. I also agree to abide by all local, State, and Town laws. Breach of regulations will result in immediate disqualification.

  2. I know that I may start The Guardsman only if I have a registered Support Crew Member, who is responsible for my support during the whole event. In addition, the Support Crew will transport my equipment and clean up my transition areas.

  3. I know and agree that during The Guardsman and related activities I along with my Support Crew Member bear full responsibility for my personal possessions and athletic equipment.

  4. I confirm that I am physically fit to participate in The Guardsman and have sufficiently trained for this event and my physical condition has been certified by a doctor.

  5. I hereby agree that a Doctor or member of The Guardsman crew can prohibit the continuation of Utah’s Toughest when he diagnoses the risk of damage to my health or a threat to water, road, or trail safety. Should medical treatment be necessary during the event, I declare in advance my consent with these measures. Medical treatments are not included in the entry fee and participant will be directly charged according to the general medical rates. It is the responsibility of the participant to ensure adequate insurance coverage for medical treatments. A liability of the organizer is thus excluded.

  6. I will follow the instructions of the The Guardsman crew. I know and accept that I will have to withdraw from The Guardsman if I do not reach the designated cut-off times.

  7. I am prepared to enter the race with equipment in good working order.

  8. I give permission to have my name and photo used by the media free of charge and without restriction if this is done in connection with The Guardsman or Iron Cowboy.

  9. I am aware that participation in The Guardsman involves the risk of serious injury. Even fatal accidents cannot be ruled out.

  10. I exempt the organizers and volunteers of The Guardsman from any liability if they are not covered by legal liability. Included are all direct and indirect damages that I, my heirs or other legal successor as well as third parties could claim arising out of sustained injuries or death.

  11. I exempt the organizers and volunteers of The Guardsman from any liability or indemnification held by third parties, where such third party suffered damages in connection with my participation in Utah’s Toughest.

  12. I agree to indemnify the organizer for all sanctions (fines, penalties, and other costs) that arise due to my offenses against legal or official regulations and rules.

  13. In the case of disputes, the applicable law is exclusively United States Law. Place of jurisdiction is Utah. I accept that the organizer may be forced to cancel the event or change the courses or schedule due to external forces or due to official orders. Further claims cannot be asserted.

 

Jordanelle State Park Waiver and Release

This is Waiver and Release for participation in a Utah Division of  State Parks and Recreation event or program or independent program occurring in or about a Utah State Park.

 

Injury may result from your participation in this event/ program.  Additionally, property damage or loss may occur. You are expected to familiarize yourself with the rules of conduct for the event/program as well as Utah Division of State Parks and Recreation policies.  You are expected to follow proper operating procedures including safety procedures, plus any directions given by an authorized park or event/program coordinator employee.

 

The undersigned, being at least eighteen years of age, and in consideration of participation in a State Parks event/program or program or independent program occurring in or about a Utah State Park (hereinafter “event/program”), does hereby agree to this waiver and release.

 

I do hereby agree to assume all risks which may be associated with or may result from, my participation in this event/program, including but not limited to the actual course of activities or while using the facility, parking lots, transportation or access to State Park’s facilities and recreation sites.  I acknowledge that this particular program, while conducted on State Park land or facilities, is not under the supervision, regulation or control of Utah Division of State Parks and I cannot rely on the Utah Division of State Parks and Recreation to exercise any supervision, regulation or control of the program.

 

I recognize that participation in the event/program may involve moderate to strenuous physical activity and may cause physical and or emotional distress to participants. There may also be associated health risks.  I state that I am free from any known heart, respiratory or other health problems that could prevent me from safely participating in any of the activities.

 

I certify that I have medical insurance or otherwise agree to be personally responsible for costs of any emergency or other medical care that I receive. I agree to release the State of Utah,  Utah Division of State Parks and Recreation and its agencies, departments, officers, employees, agents and all sponsors, officials and staff or volunteers from the cost of any medical care that I receive as a result of participation in the event/program.  

 

I further agree to release the State of Utah, Utah Division of State Parks and Recreation and its agencies, departments, officers, employees, agents and all sponsors, officials and staff or volunteers from any and all liability, claims, demands, breach of warranty, negligence, actions, and causes of actions whatsoever for any loss, claim, damage, injury, illness, attorney’s fees or harm of any kind or nature to me arising out of my participation in the event/program. This release extends to any claim made by my family, estate, heirs, or assigns arising from or in any way connected with the aforementioned activities.

 

CONSENT

Consent is expressly given, in the event of injury, for any emergency aid, anesthesia and / or operation, if in the opinion of the attending physician, such treatment is necessary.

 

I have carefully read and understand the contents of the foregoing language and I specifically intend it to cover my participation in the above stated event/program.


UDOT Waiver and Release of Damages Form

Form Instructions per Utah Administrative Code R920-4:

  1. All event participants must complete this form (including the event organizer/permittee).
  2. Form completion is not required for qualified First Amendment assembly/free speech events. 
  3. The event organizer/permittee must retain all completed forms for 12 months after the event and produce a copy of all completed forms for a review if requested by the Department. 

Each of us individually (and/or as parent and/or guardian of the named minor) do hereby release, remise, waive and forever discharge the State of Utah, the Utah Department of Transportation, the Utah Transportation Commission, the Utah Highway Patrol, and their officers, agents, and employees from all liability, claims, demands, actions or causes of action whatsoever arising out of or related to loss, or damages and/or injuries, including death, which may result from my participation in the above named event involving roads within the state of Utah:

 

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, The Guardsman, and individual The Guardsman 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 .




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