J2J Waiver
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Performance Multisports Jetty-2-Jetty Race Waiver & Release
Complete and return this form on race day to Performance Multisports race officials prior to start of event.

 

PRINT NAME

_______________________________________________  Age _____  Gender _____ TEAM _____________________________________

E-MAIL (IMPORTANT)

 ___________________________________________________________________________

ADDRESS

__________________________________________________________________  Phone (H) __________________________

CITY

____________________________________   State ______   Zip ______________  Phone (W) _____________________

ACKNOWLEDGMENT OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT

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.

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.

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.

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.

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.

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.
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.

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.

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.

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.

PRINTED NAME OF APPLICANT __________________________________________

SIGNATURE (in ink) X _________________________________________

Dated: __________

FOR MINORS: PARENT OR GUARDIAN MUST COMPLETE THE FOLLOWING

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.

PRINTED NAME OF PARENT OR GUARDIAN __________________________________________

X_______________________________________

Dated: __________

Signature of Parent or Guardian

 

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