| 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. |
