| In
consideration of the acceptance of my application for entry in
the Performance Multisports Adventure Race, I hereby freely
agree to make the following contractual representations and
agreements. I acknowledge that adventure racing is inherently
dangerous. I fully realize the dangers of participating in
adventure racing, and fully assume the risk associated with
such participation, including but not limited to the following
dangers: dehydration, hyperthermia, hypothermia, hyponatremia,
drowning, collision with pedestrians, vehicles, and other
racers and fixed or moving objects, sliding down hills,
falling from rope obstacles, dangers arising from other
surface hazards, equipment failure, inadequate safety
equipment, weather conditions, animals, the possibility of
serious physical and/or mental trauma and injury, including
death. I understand that there are more hazards than are
enumerated here, and that there are unknown and unforeseeable
hazards. I engage in the activity of this race with knowledge
of the inherent risks of injury.
I hereby waive, release and
discharge myself, my heirs, executors, administrators, legal
representatives, assigns and successors in interest (hereafter
collectively ‘successors’) any and all rights and claims
which the host organization, the promoter, the race director
and any sponsors and their boards of directors, property
owners, law enforcement agencies, all public entities, special
districts, and properties (and their respective agents,
officials, and employees) through or by which the event will
be held for any and all damages which may be sustained by my
participation in and of association with the event, or travel
to or return from the event. I agree it is my sole
responsibility to be familiar with the race course, the rules
of the sanctioning body, and the special regulations of the
event. I understand and agree that situations may arise during
the race which may be beyond immediate control of the race
officials or organizers, and I must run, mountain bike, canoe,
orienteer, and negotiate special tests so as to endanger
neither myself nor others. I accept responsibility for the
conditions and adequacy of my equipment and training. I have
no known physical or mental condition which, to my knowledge,
would endanger myself or others if I participate in this
event, or would interfere with my ability to participate in
this event.
I understand the risks involved
in this race and I have carefully read, understand and
voluntarily accept the terms of this waiver and release
agreement. I agree, for myself and successors, that the above
representations are contractually binding, and are not mere
recitals, and that should I or any of my successors assert any
claim in contravention of this agreement, I or my successors
shall be liable for the expenses (including legal fees)
incurred by the other party or parties in defending, unless
the other party or parties are finally adjusted liable on such
claims for willful or wanton negligence. This agreement may
not be modified orally, and a waiver of any provision shall
not be construed as a modification of or as a consent to any
other provision herein or as a consent to any subsequent
waiver of modification.
In addition, I agree to abide
by the rules and conditions laid down for the event and to
follow instructions issued by race officials. I understand
that circumstances beyond the control of the race director may
cause the event to be modified, postponed or relocated. I
accept that the organizers reserve the right to refuse entry
from persons considered to have insufficient experience or
disqualify those who fail to follow the rules and conditions:
ignorance is no excuse. I agree that my name, voice or picture
may be used by Performance Multisports and race sponsors for
promotional purposes. I affirm that the details written about
me on this entry form are true. |
