THUNDERDASH EVENT WAIVER Name________________________________
Please read the following ThunderDash Event Agreement and Waiver carefully, as they affect your future legal rights. By entering your online signature below, you acknowledge that you have carefully read and fully understood the waivers and agree to the terms and will not hold ThunderDash Event or FIVE19 Event Productions liable. You will also be REQUIRED to bring a signed hardcopy of this waiver along with a picture ID when you pick up your pre race packet.
1. I understand that participating in a ThunderDash Event is an inherently dangerous activity that presents extreme obstacles, including, but not limited to, natural and man made mud pits, barbed wire, balancing on a variety of objects, running through and on tires, cargo nets, climbing, heights, jumping into water, water crossings, steep hills and uneven terrain.
2. I understand that participating in the ThunderDash Event involves the risks of severe physical injury and/or death that cannot be completely eliminated.
3. I voluntarily, knowingly and freely assume all risks associated with competing in the Event, including, but not limited to, my own actions or inactions, the actions or inactions of others (including participants, staff, volunteers or spectators), falls, illness, infection, contact with others (including participants, staff, volunteers or spectators), completing any and all obstacles, premises defects and the effects of weather, including high heat or extreme cold, and/or humidity.
4. I agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by FIVE19 Event Productions LLC's as representatives of ThunderDash through its employees, representatives or agents, and to abide by any decision of any Event official relative to my ability to safely compete in the ThunderDash Event.
5. I understand, agree and accept that some of the obstacles may go through water that has not been tested for chemicals, disease or contamination.
6. I understand that the ThunderDash Event course may contain wild animals, insects, rocks and plants.
7. I agree not to dive into or enter the mud pit head first, as doing so may cause serious physical injury or death.
8. I certify that I am physically fit and have no medical condition that would make participation in the Event more hazardous.
9. If I am pregnant, disabled in any way or have recently suffered an illness or injury; I agree to consult a physician before participating in the ThunderDash Event.
10. I agree not to consume alcohol prior to the Event or use any medicines or substances that will inhibit my mental or physical ability to safely and effectively participate in the ThunderDash Event.
Page 1 of 3 PRINT NAME _____________________________________
Signature _____________________________________________________ Date__________________
11. I consent to medical care and transportation in order to obtain treatment in the event of injury to me as FIVE19 Event Productions, representatives, volunteers or medical professionals may deem appropriate and understand that this Waiver & Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
12. I understand and agree that I am expected to exhibit appropriate behavior at all times and to obey all local, state and federal civil and criminal laws at all times while participating in or attending the Event. This includes, generally, respect for all people, equipment, facilities or property. FIVE19 Event Productions representatives, staff or volunteers may dismiss me, without refund, should my behavior endanger the safety of or negatively affect the ThunderDash Event, person, facility or property. I also agree to indemnify FIVE19 Event Productions, its owners, officers, past and present employees, volunteers, agents and ThunderDash Event sponsors from any and all third party claims caused in whole or in party by my negligent or intentional acts or omissions.
13. I agree that FIVE19 Event Productions and any ThunderDash representatives are not responsible for any personal items or property that is lost, damaged or stolen at the ThunderDash Event.
14. I understand that pets, wheeled baby conveyances or other wheeled means of conveyance are NOT permitted on the ThunderDash Event course.
15. I consent to the use of my image in photographs, motion pictures or recordings taken at the ThunderDash Event for use in ThunderDash Event advertising, marketing or promotion.
16. I assign all rights, title, and interest in any and all photographs, motion pictures, recordings or other records of the ThunderDash Event I may take or capture to FIVE19 Event Productions. FIVE19 Event Productions grants to me a limited, non-exclusive, perpetual right and license to use, for non-commercial purposes only, any and all photographs, motion pictures, recordings, or other records of the ThunderDash Event I may take or capture.
17. I agree that all entry fee payments are final and non-refundable.
18. I agree that FIVE19 Event Productions reserves the right to cancel the ThunderDash Event in the event of extreme 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 FIVE19 Event Productions discretion, will protect the safety and security of 'ThunderDash Event participants and spectators. In the event of such cancellation, there will be no refund of my registration fee.
19. I agree that FIVE19 Event Productions reserves the right to reschedule the ThunderDash Event in the event of extreme 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 FIVE19 Event Productions discretion, will protect the safety and security of 'ThunderDash Event participants and spectators. In the event of such rescheduling, there will be no refund of my registration fee.
Page 2 of 3 PRINT NAME ______________________________________________
Signature_____________________________________________________________ Date _______________
THUNDERDASH WAIVER & RELEASE OF ALL CLAIMS / ASSUMPTION OF RISK
I understand that FIVE19 Event Productions is committed to conducting the ThunderDash Event in a safe manner and holds the safety of participants in the highest regard. I understand that ThunderDash continually strives to reduce such risks and insists that all participants follow safety rules and instructions that are designed to protect the participants safety. I also understand, however, that participants and parents/guardians of minors registering for the ThunderDash Event recognize that there is an inherent risk of severe physical injury and/or death when choosing to participate in the ThunderDash Event. I am solely responsible for determining if I am (or my minor child/ward is) physically fit and/or sufficiently skilled for the ThunderDash Event. I recognize and acknowledge that there are risks of physical injury to participants in the ThunderDash Event, and I freely and voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that I (or my child) may sustain as a result of said participation. I approve my (or my childs) participation in the ThunderDash Event. I assume all risks and hazards incidental to such participation in the Event, and I release, absolve, indemnify, and agree to hold harmless FIVE19 Event Productions, its owners, officers, past and present employees, volunteers, agents, representatives, assigns, administrators, executors, volunteers, and all city, county and state governments, and all ThunderDash Event sponsors, their representatives and successors, and other persons, for any claim arising out of an injury to me (or my child) and from any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses 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, arising out of or connected with my (or my childs) participation in the ThunderDash Event.
REGISTRATIONATION AGREEMENT AND LIABILITY WAIVER (AGREEMENT)
1. I represent and warrant to FIVE19 Event Productions that I have full legal authority to complete this event registration on behalf of myself and/or any person I am registering (Registrant(s)), including full authority to make use of the credit or debit card to which registration fees will be charged. If I am registering a minor under the age of 18, I represent and warrant that I am the parent or legal guardian of that person and have the legal authority to enter into this Agreement on their behalf and by proceeding with this event registration, I agree that the terms of this Agreement shall apply equally to all Registrants.
2. I understand that participating in the ThunderDash Event is an inherently dangerous activity that presents extreme obstacles and involves the risks of severe physical injury and/or death that cannot be completely eliminated.
3. FIVE19 Event Productions shall not be liable for any direct, indirect, incidental, special or consequential damages, including lost profits, resulting from (a) the use or the inability to use Active.com, (b) resulting from any transactions made or services or goods purchased through Active.com or (c) resulting from unauthorized access to or alteration of any transmissions or data.
4. Use of Active.com is at my own risk, on an as is and as available basis and FIVE19 Event Productions makes no warranty that its site or services will be uninterrupted, secure or error free. I understand and agree that any material and/or data downloaded or otherwise obtained through the use of FIVE19 Event Productions is at my own discretion and risk and that I will be solely responsible for any damage to my own computer system or loss of data that results from the download of such material and/or data.
5. I agree to indemnify and hold FIVE19 Event Productions harmless from and against any and all damages, costs, claims or demands, including reasonable attorneyâ€™s fees, made by any third party due to or arising from or relating to my use of Active.com or the violation of any term of this Agreement.
Page 3 of 3 PRINT 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, ThunderDash 5K/10K Mud/Obstacle Run, and individual ThunderDash 5K/10K Mud/Obstacle 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 .