EVENT AND VENUES RELEASE AND WAIVER
PLEASE READ CAREFULLY BEFORE SIGNING!
VALKYRIE RELAY RACE WAIVER
In consideration of the acceptance of my application for entry or participation in the Valkyrie Relay (“Activity”) organized by Valkyrie Events Durango, LLC (the “Organization”), I hereby freely agree to and make the following contractual representations and agreements.
ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS DANGEROUS AND INVOLVES THE RISK OF SERIOUS INJURY, DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF OR CONTRACTED BY THE ORGANIZATION AND/OR ITS OWNERS, OFFICERS, DIRECTORS, MANAGERS, OFFICIALS, TRUSTEES, AGENTS, STAFF, EMPLOYEES, CONTRACTORS, VOLUNTEERS, OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “ORGANIZATION PARTIES”). I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME FULL AND COMPLETE RESPONSIBILITY FOR ANY AND ALL RISKS ASSOCIATED WITH PARTICIPATING IN, ATTENDING, AND/OR OBSERVING THE ACTIVITY AND FOR ANY ACCIDENT, ILLNESS, INJURY, DEATH, OR PROPERTY DAMAGE (COLLECTIVELY, THE “INJURY”), WHETHER CAUSED BY THE NEGLIGENCE OF ORGANIZATION PARTIES OR OTHERWISE, AND REGARDLESS OF WHETHER THE INJURY OCCURS PRIOR TO, DURING, OR AFTER THE ACTIVITY.
I acknowledge that I should not enter and participate in this Activity unless I am medically able and properly trained. I agree to abide by any decision of a race/event official relative to my ability to safely complete this Activity, whether due to possible injury to myself or another, or for any other improper conduct. I agree to observe and obey all posted rules and warnings, all traffic and pedestrian laws and regulations, and further agree to follow any oral instructions or directions given by the Organization Parties. I recognize that there are inherent risks associated with the Activity, and I understand that obeying and following safety rules and/or instructions does not guarantee my safety. The Organization is not in any manner an insurer of my safety.
I further acknowledge the contagious nature of COVID-19 and its variants and that public health authorities may recommend preventative measures. I acknowledge that Organization may put in place common measures to reduce the spread of infectious diseases, but Organization cannot guarantee that I will not become infected with COVID-19, its variants, or any other infectious disease. I understand the risk of becoming exposed to and/or infected by COVID-19 or other infectious diseases may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the Organization Parties or other third parties. I assume all such risks.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNIFICATION
In exchange for participation in the Activity, I agree for myself and my Successors (defined as my heirs, assigns, and personal representatives):
- Binding Representations: The above representations are contractually binding, not mere recitals. Should I or my Successors assert a claim contrary to this agreement, the claiming party shall be liable for the expenses (including legal fees) incurred by the Releasees (defined below) in defending such claim.
- Release and Waiver: I hereby covenant not to sue, waive any and all claims against, and agree to release from liability the Organization, together with its founders, owners, officers, directors, managers, agents and employees; race officials and volunteers; and any and all other sponsors, suppliers, agents, independent contractors and other personnel in any way assisting or associated with this Event (collectively “Releasees”). This release applies to all activities relating to the Activity, whether at the Activity location or other Activity-related venues. This release discharges the Releasees from any liability or claim that I or my Successors may have against the Releasees with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, my participation in the Activity, including travel to, from and during the Activity, EVEN IF CAUSED BY THE NEGLIGENCE OF THE RELEASEES.
- Indemnification: I agree to indemnify, defend, and hold harmless the Releasees against all claims (including claims of negligence), demands, causes of action, damages, judgments, costs or expenses, including attorneys’ fees and other litigation costs, which may in any way arise from my presence or participation during the Activity, including but not limited to, any physical or psychological injury, paralysis, death, illness, damage to my personal property, or other economic or emotional loss, including travel to, from and during the Activity. If any Releasee incurs any of these types of expenses, I agree to reimburse them.
MEDICAL TREATMENT CONSENT AND FINANCIAL RESPONSIBILITY
I agree that Organization Parties may authorize emergency treatment for me at their discretion. I consent to the release by any third party to Releasees and their insurance carriers of my name and medical information that may relate to any injury or death I may suffer arising from my participation in the Activity. I grant permission to the event directors and any medical staff at the Activity access to all medical records and physicians as needed and authorize medical treatment as needed. If I need medical treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
ACTIVITY MODIFICATION, POSTPONEMENT, OR CANCELLATION
Organization reserves the right, in its sole and absolute discretion, to modify, postpone, or cancel the Activity due to unforeseen or unavoidable circumstances outside of its reasonable control, including but not limited to, adverse weather conditions, adverse course/venue conditions, acts of God, acts of terrorism (each, a “Force Majeure Event”), or due to any formal or informal orders or recommendations issued to Organization by public health or governmental officials with respect to any public health crisis, including COVID-19 (each, a “Public Health Crisis Event”). In the event of a Force Majeure Event or Public Health Crisis Event, Organization will endeavor to inform participants as quickly as possible. Neither Organization nor Organization Parties shall be liable for any inconvenience, expenses, costs, injuries, losses, or damages suffered by participants in connection with such event, and I have no expectation of or right to a refund for cancellation or postponement of the Activity, nor personal costs associated with participating in said Activity.
USE OF NAME, LIKENESS, AND ACTIVITY IMAGERY
I acknowledge and agree to the following terms and conditions regarding the use of any still or motion picture photography or recordings taken in connection with the Activity (referred to as "Activity Imagery"). I grant Valkyrie Events Durango, LLC ("Organization"), as well as any photographers or entities contracted by Organization, the perpetual, worldwide, royalty-free right and consent to use, reproduce, display, distribute, publish, copyright, and create derivative works from any biographical information provided by me, as well as my voice, image, and likeness captured during the Activity. This includes, but is not limited to, any Activity Imagery I post online (such as on social media platforms using event-related hashtags or tagging the Organization) or submit through applications used for the event (such as the Pronto.io app). This authorization applies to all forms of media, now known or later developed, and for any purpose, including but not limited to trade, commercial, and editorial use, without compensation to me.
I understand and acknowledge that any commercial use of Activity Imagery, including imagery I post on the Internet or submit via apps, requires prior written permission from Organization. If any third party wishes to use Activity Imagery for commercial purposes, they must enter into a separate agreement with Organization. I hereby assign to Organization joint ownership of the copyright to my Activity Imagery to enable Organization to enforce this copyright against unauthorized commercial use by third parties, and I authorize Organization to act as my attorney-in-fact to execute any documents necessary to effectuate this assignment. I acknowledge that, without prior written permission from Organization, I cannot sell, transfer, license, sublicense, or otherwise provide my Activity Imagery to any third party for commercial use. If a third party uses my Activity Imagery for commercial purposes without Organization's written consent, any permission or license I may have granted to that third party is null and void, and Organization retains the absolute right, as joint copyright owner, to require the third party to cease all commercial use of the Activity Imagery. Additionally, if the Organization requests that I remove any Activity Imagery I have posted online or submitted, for any reason in its sole discretion, I agree to promptly comply with that request. Organization reserves the right to revoke any license or permissions erroneously granted for the use of Activity Imagery in violation of these terms and conditions and may take action to remove such imagery from any online platform or application where it is displayed.
DISPUTE RESOLUTION: BINDING ARBITRATION AGREEMENT
I agree and acknowledge that any legal or equitable claim, dispute or controversy that may arise from or relate to my participation in the Activity or arising in connection with this agreement (other than claims related to actual or threatened infringement, misappropriation or violation of Organization’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights) (“Disputes”) shall be resolved exclusively by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to any such Dispute, I agree that the arbitrator will decide that issue. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA then in effect.
I acknowledge and agree that I am waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless Organization otherwise agrees in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.
GOVERNING LAW, VENUE, AND SEVERABILITY
This agreement shall be interpreted under Utah law. I understand that this document is written to be as broad and inclusive as legally permitted by the State of Utah. I agree that any legal action permitted outside of the Arbitration Agreement (such as actions to enforce this Arbitration Agreement, enforce an arbitration award, or address the excluded intellectual property claims mentioned above) must be filed exclusively in Utah state court or federal court in Utah, and that Utah law will apply to such actions. Every term and provision of this agreement is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable.
FINAL ACKNOWLEDGEMENTS
I agree to all of the terms and conditions as set forth in the Privacy Policy and Terms and Conditions published on the Organization website, including, but not limited to, Organization’s right to contact me using the email address and/or mobile number provided to Organization.
I am 18 years or older. I understand the legal consequences of signing this document, including (a) releasing the Releasees from liability, (b) promising not to sue the Releasees, and (c) assuming all risks of participating in this Activity, including travel to, from and during the Activity.
This Agreement and its terms are perpetual, do not expire and apply to each and every day (today and in the future) that I participate in Activity of the Organization, even if such days are not consecutive.
This agreement may not be modified orally, and a waiver or modification of any provision shall not be construed as a waiver or modification of any other provision herein or as consent to any subsequent waiver or modification.
I HAVE READ THIS EVENT AND VENUES RELEASE AND WAIVER CAREFULLY, UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
