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ACKNOWLEDGMENT OF RISK, RELEASE OF LIABILITY AND
INDEMNIFICATION AGREEMENT |
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In consideration of the acceptance of my application for entry in
the Race by Performance Multisports -- its agents, owners, officers,
volunteers, participants, employees, race organizers, sponsors, and
all other persons or entities acting in any capacity on their behalf
(hereinafter collectively Performance Multisports"), I hereby agree
to release and discharge Performance Multisports on behalf of
myself, my parents, heirs, assigns and my estate as follows. I hereby freely agree to make the
following contractual representations and agreements. |
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I acknowledge that any racing is inherently dangerous. I fully
realize the dangers of participating in competitive races, and fully
assume the risks 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, insects, animals, the possibility of serious physical
and/or mental trauma and injury, including death. There is a
possibility of being jolted, jarred, bounced, thrown to and fro, and
shaken about. |
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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. Participation may involve encounters with other
environmental dangers or conditions, such as sudden storms,
lightning, hail, falling or rolling rocks, unstable ground or sand,
sun, and saltwater. Changing weather conditions and exposure to the
elements can be uncomfortable and/or harmful, and this exposure
could cause sunburn, dehydration, heat exhaustion, heatstroke,
hypothermia, and heat cramps or fatigue. |
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I hereby waive, release and forever 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, including such claims which allege negligent acts. |
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I am ultimately responsible for my own safety. I understand the
need for me to make choices that ensure my safety, regardless of any
race instructions. I agree it is my sole responsibility to be familiar with the race
course, the rules of any 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
Performance Multisports, the
race officials or organizers, and I must act so as to endanger
neither myself nor others. I accept responsibility for the
conditions and adequacy of my equipment and training. I have no
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. |
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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
Performance Multisports or any other 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. |
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In the event of an accident, rescue and medical treatment may not be
immediately available. Performance Multisports seeks safety, but may
be unaware of a participant's fitness or abilities. I specifically
acknowledge that decisions made by Performance Multisports and
participants are often made in wilderness/remote/dangerous settings
and are made based on often imprecise subjective perceptions that
are subject to errors in judgment and cannot and should not be
associated with fault at a later point in time. |
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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. |
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This Agreement is given by the undersigned Applicant for the
benefit of Performance Multisports, and its respective divisions and
associations, employees, agents, members, volunteer staff, sponsors,
promoters and affiliates (collectively "Releasees").
I acknowledge that any form of racing is an inherently dangerous
sport in which I participate my own risk and that Performance
Multisports has been formed to advance the sports of running and
other racing, the efforts of which directly benefit me. In consideration
of and as a condition of my participation in this event by
Performance Multisports, I individually and on behalf of my heirs,
executors, administrators, legal representatives, successors and
assigns, release and forever discharge, hold harmless, indemnify,
including as to attorney fees, and promise not to sue Releasees on,
from or against, and waive, any claims, damages, expenses or demands
arising directly or indirectly from or attributable in any way to
the negligence, action or failure to act of any Releasees in
connection with the sponsorship, organization or execution of any
race or sporting event, including travel to and from such event, in
which I may participate as a racer, rider, team member, spectator,
volunteer or
in any other manner. Every term and provision in 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. |
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I have had sufficient opportunity to read this entire document. I
have carefully read and understood it, and I voluntarily agree to be
bound by its terms. I currently have no known physical or mental condition that would
impair my capability and am fit to fully participate in this
athletic event. 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. Participation in this event shall constitute full
acceptance of the terms of this Waiver & Release. |
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PRINTED NAME OF APPLICANT
__________________________________________ |
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SIGNATURE (in ink) X _________________________________________ |
Dated: __________ |
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FOR MINORS: PARENT OR GUARDIAN MUST COMPLETE THE
FOLLOWING |
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I, as parent or guardian of the Applicant, represent to the
Releases that the facts herein concerning my child or ward are true.
I give my permission for my child or ward to enter any race or event
presented by Performance Multisports or its staff or by volunteers
during the period of event, and further agree, individually and on
behalf of my child or ward, to the terms of the above agreement. |
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PRINTED NAME OF PARENT OR GUARDIAN
__________________________________________ |
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X _______________________________________ |
Dated: __________ |
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Signature of Parent or Guardian |
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