Day of Champions
PARTICIPANT WAIVER AND RELEASE OF LIABILITY,
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
Event Name: Experience Camps Day of Champions
Event Date: May 19, 2019
As a condition of my participation in the above-described Event as a runner, volunteer or otherwise, I hereby covenant not to sue, and agree to release from liability, the Ragnar Relay Series, together with its founders, owners, officers, directors, managers, agents, sponsors and employees, including but not limited to (a) Ragnar Events LLC, Ragnar Holdings LLC, Reebok International Ltd, and each of their affiliates and their respective investors, officers, directors, managers, members, agents, employees, successors, heirs, assigns, executors, and administrators; (b) Ragnar Relay Series race officials and volunteers; and (c) any and all other sponsors, suppliers, agents, independent contractors and other personnel in any way assisting or associated with this Event (collectively the “Releasees”). This Race Release and Waiver of Liability, and Assumption of Risk (this “Release”) is a contract with legal and binding consequences and it applies to all activities relating to the Event, whether located on the race course, exchanges or other Event-related venues. I have read this Release carefully before signing, and I understand what it means and what I am agreeing to by signing.
In consideration of the acceptance of my application for entry or participation as a volunteer in this Event by one or more Releasees, I hereby freely agree to and make the following additional contractual representations and agreements:
1. I voluntarily assume full and complete responsibility for all risks associated with participating in the Event and for any injury or accident that may occur during my participation in this Event, including by way of example and not limitation: (a) illness; (b) traveling to and from the event; (c) falls; (d) collisions with participants, and fixed or moving objects; (e) the effects of weather, including temperature extremes and humidity; (f) the negligence of myself and/or others, including Releasees.
2. I acknowledge that I should not enter and participate in this Event unless I am medically able. I agree that Event officials may authorize necessary emergency treatment for me.
3. Having read this Release and knowing and assuming these risks, and in consideration of the acceptance of my participation, I hereby for myself, my heirs, my executors, administrators or anyone else who might claim on their own behalf or my behalf (collectively my “Successors”), covenant not to sue, and FOREVER WAIVE, RELEASE, DISCHARGE, and HOLD HARMLESS Releasees from any and all claims, injuries, damages, liabilities, causes of action, and expenses (including without limitation consequential damages, incidental damages, and attorney’s fees and costs), and inconvenience to person or property (collectively, “Losses”) of any kind or nature whatsoever arising out of or related to my registration or participation in this Event, even though such losses may arise out of negligence or carelessness on the part of Releasees. If and to the extent any court of competent jurisdiction finds this release and waiver to be unenforceable, I nevertheless agree that the Releasees’ liability to me and my Successors for Losses (under any legal theory or claim, including without limitation tort liability) shall not exceed the total dollar amount of registration fees paid by me.
4. In exchange for my being permitted to participate in the Event, and understanding there will be no additional compensation to me, I hereby grant Experience Camps the perpetual right and license to photo and/or video record me during the Event and to use my name, image, voice, video, photograph, performance, likeness and biographical and other information (collectively, “Likeness”) for race promotional purposes, including, without limitation, marketing, social media, advertisements, and other promotional materials in any and all media whether now existing or hereinafter invented. I understand that I will have no right of approval over the use of my Likeness and the Releasees shall have no liability to me or anyone else for any distortion, illusionary effect or otherwise resulting from the use of my Likeness.
5. I acknowledge and agree, for myself and my Successors, that the above representations are contractually binding, and that should I or my Successors assert a claim contrary to what I have agreed to in this Release, the claiming party shall be liable for the expenses (including legal fees) incurred by the Releasees in defending such claim. This Release 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 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 Event. Every term and provision of this Release 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.
6. I acknowledge and agree that there are no refunds if the Event is cancelled or delayed due to causes beyond Releasees’ control, including but not limited to, acts of God, war, strikes or labor disputes, fires, riots, terrorism, vandalism, accident, government orders, failure to obtain necessary permits or approvals or consents, severe weather conditions such as severe heat, electrical storm, snowfall, tornadoes, earthquakes, hurricanes, flooding, fog, severe weather conditions where significant damage or altercations to the race course occur, or any other force majeure event.
7. I acknowledge and agree that any disputes, including any legal action, arising out of my registration or participation in this Event, shall be brought exclusively in the courts of Westport, CT and shall be governed by the laws of the State of CT. I submit myself to the jurisdiction of such courts for all such purposes.