This Release, Waiver of Liability Assumption of Risk and Agreement (“Agreement”) is entered into by me on the date this Agreement was electronically executed by me.
WHEREAS, Sportera Inc. (“Sportera”) has created a race known as the MUD GIRL race (“Event’); and
WHEREAS, Sportera has leased the premises for the Event (“Premises”), from the venue chosen in the question under this waiver (“Owner”), to perform event promotion and organization; and
WHEREAS, Sportera has allowed me to compete in the Event in exchange for signing this Agreement and paying certain cash consideration; and
WHEREAS, I am an Invitee of the Owner invited onto the Premises for the Event; and
WHEREAS, Sportera, and Owner have allowed me on to the Premises to compete in the Event under the terms and conditions set forth herein.
In consideration for being provided access to the Premises and being permitted to compete in the Event, I hereby stipulate and agree:
1. INCORPORATION. The Recitals are incorporated as if fully set forth herein.
2. USE OF PREMISES. I understand and agree that I may only use the Premises for the purposes indicated by Sportera, Owner, and Contractor set forth in this Agreement on or at the days and times agreed to by Sportera, Owner, and Contractor. I further agree that I am responsible for the proper use and care of the Premises and any of Sportera’s, Owner’s, or Contractor’s property thereon, and that I will be liable for the replacement cost of any Owner property which is damaged, destroyed, or lost.
3. NOTICE OF SPECIFIC RISKS. I acknowledge and agree that I am aware of all open and obvious risks of entering the Premises. I acknowledge and agree that the Event is a test of my physical and mental limits and an inherently dangerous activity that presents extreme obstacles, including, but not limited to, fire, mud pits, barbed wire, slides, cargo nets, heights, climbing, jumping into water, water crossings, swimming, steep hills and/or uneven terrain. I acknowledge and agree that some of the Event course or obstacles may go through water that has not been treated for chemicals, disease or contamination and that the Event course may contain wild animals, insects, and plants which may be dangerous or poisonous. I represent that I understand the nature of the Event and that I am qualified, in good health, and in proper physical condition to participate in such activities. I acknowledge that if I believe event conditions are unsafe for me, I will immediately discontinue participation in the Event. I acknowledge and agree that I have been provided notice of the following specific risks: (1) obstacles on the course; (2) obstacles may be slippery when wet or muddy; (3) cargo nets pose risk of falling; (4) stacks of tires pose risks of falling or tripping hazards; (5) tunnels may become impassable; (6) climbing walls may become slick when wet or muddy; (7) underlying conditions of the grounds; (8) effects of weather, including, but not limited to, heat and/or humidity. I acknowledge and agree that, in addition to the foregoing specific risks, I acknowledge the existence of and agree I have been provided notice of all obvious risks of participation in an Event which includes (a) obstacles designed to be dangerous to climb or maneuver through as well as (b) other participants not under the control of Sportera, Contractor or Owner. I acknowledge and agree that I have no diminished physical capacity. I acknowledge and agree that my current health status does not pose any increased risk of participating in the Event. I acknowledge and agree that any lapse in my own awareness, attention, and skills increase risk of injury.
4. ASSUMPTION OF RISK. I understand and acknowledge that the Event is inherently dangerous and may involve the risk that I will sustain serious injury, temporary or permanent disability, death, and/or property damage. I understand that the activities that take place on the Premises may not be supervised and that Sportera, the Owner of the Premises, and the Contractor can provide only limited emergency medical services. I further acknowledge and agree that any injury I may sustain while on the Premises may be compounded by negligent or delayed medical service. I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF AND PARTICPATION IN THE EVENT ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE. I ALSO UNDERSTAND THAT RISKS SET FORTH IN THE NOTICE OF SPECIFIC RISKS ARE JUST SOME OF THE RISKS, AND I AGREE TO ASSUME OTHERS THAT ARE NOT MENTIONED IN THIS DOCUMENT. I AM NOT RELYING ON SPORTERA, CONTRACTOR, OR OWNER TO LIST ALL POSSIBLE RISKS RELATED TO THE EVENT IN THIS DOCUMENT OR AT ANY TIME.
5. RELEASE FROM LIABILITY. I HEREBY AGREE, ON BEHALF OF MYSELF, MY SPOUSE (IF ANY), MINOR CHILDREN, LEGAL WARDS, PARENTS, HEIRS, AND MY PERSONAL REPRESENTATIVES, TO FULLY AND FOREVER DISCHARGE AND RELEASE SPORTERA, OWNER, CONTRACTOR AND THEIR AFFILIATES, OWNER OF PREMESIS ON WHICH THE EVENT IS TAKING PLACE,AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, PARTNERS, AGENTS, OPERATORS, MANAGERS, EMPLOYEES, AND REPRESENTATIVES (“RELEASED PARTIES”) FROM ANY AND ALL CLAIMS I MAY HAVE OR HEREINAFTER HAVE FOR ANY INJURY, TEMPORARY OR PERMANENT DISABILITY, DEATH, DAMAGES, LIABILITIES, EXPENSES AND/OR CAUSES OF ACTION, NOW KNOWN OR HEREINAFTER KNOWN IN ANY JURISDICTION IN THE WORLD, ATTRIBUTABLE OR RELATING IN ANY MANNER TO MY ENTRY UPON AND USE OF THE PREMISES, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES, OR ANY OF THE AFFILIATES OF THE RELEASED PARTIES OR BY ANY OTHER REASON. I ACKNOWLEDGE AND AGREE THAT THIS RELEASE FROM LIABILITY IS INTENDED TO BE, AND IS, A COMPLETE RELEASE OF ANY RESPONSIBILITY OF THE RELEASED PARTIES FOR ANY AND ALL PERSONAL INJURIES, TEMPORARY OR PERMANENT DISABILITY, DEATH, AND/OR PROPERTY DAMAGE SUSTAINED BY ME WHILE ON OR USING THE PREMISES AND/OR CAUSED BY OR RELATED TO THE EVENT.
NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OR RELEASE FOR GROSS NEGLIGENCE, INTENTIONAL CONDUCT, OR RECKLESS CONDUCT.
6. RESPONSIBILITY FOR PERSONAL PROPERTY. I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring onto the Premises and that Sportera, Owner, and Contractor will not be responsible for or provide any security for my property and personal belongings.
7. NO REPRESENTATIONS BY SPORTERA, OWNER AND CONTRACTOR. I acknowledge that Sportera, Owner, and Contractor have made no representation as to the condition of the Premises or the safety of any structures or equipment that may be used at the Premises. I accept and shall use the Premises in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by Sportera, Owner, or Contractor or Sportera’s, Owner’s, or Contractor’s employees, agents, or representatives regarding this Agreement or the Premises, except to the extent such representations are expressly set forth in this Agreement.
8. ABILITY LEVEL. I represent and warrant that I have a high level of athletic ability and have reviewed the documentation available from Sportera regarding what the event entails. I represent and warrant that I have the athletic ability to successfully participate in the event without risk to myself or other competitors. I represent and warrant that I, or the minor I am signing on behalf of, am at least seven (7) years old to participate in the Event and four (4) feet tall to go through the obstacles: Everest and Mega Pipes.
9. Governing Law and Venue. This Agreement will be governed by and interpreted in accordance with the laws of the State of the Venue, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Agreement or the Event must be brought exclusively in any state or federal court located in the State of New York, County of Albany.
10. Waiver. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.
11. Survival. Any provision of this Agreement providing for performance by either party after termination of this Agreement shall survive such termination and shall continue to be effective and enforceable.
12. Compliance with Laws. In the performance of the terms of this Agreement and use of the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.
13. Severability. If any provision or portion of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
14. Entire Agreement; Modification; Binding Effect. This Agreement is the entire Agreement between the parties with respect to the subject matter hereof and supersedes any prior Agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this Agreement shall be valid unless in writing and signed by authorized representatives of the parties. This Agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.