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PLEASE READ THE FOLLOWING MUD RUN WAIVER AND REGISTRATION AGREEMENT CAREFULLY, AS THEY AFFECT YOUR PRESENT AND FUTURE LEGAL RIGHTS AS WELL AS THOSE OF ANYONE ELSE YOU REGISTER FOR THE EVENT. BY PROCEEDING WITH REGISTERING FOR THE EVENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ AND FULLY UNDERSTOOD THE MUD RUN WAIVER AND REGISTRATION AGREEMENT AND AGREE TO ALL OF THE TERMS SET FORTH BELOW.
MUD RUN ("EVENT") WAIVER & RELEASE OF CLAIMS, INDEMNITY AGREEMENT, ASSUMPTION OF RISK AND CONSENT TO MEDICAL TREATMENT ("WAIVER")
The following must be carefully read and agreed to in consideration of being permitted to enter (for any purpose) the Event and associated property ("Premises"). As used in this Waiver, the term "Releasees" is defined to include the following: (i) Family Enrichment Network, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, representatives, successors and assigns (collectively, "FEN"); (ii) the Premises owner; (iii) any Event volunteers; and (iv) any Event sponsors, sponsor's affiliates and contractors, and their respective employees.
NOTE TO MINORS: If you are under the age of 18, you may only attend the Event accompanied by an adult. You also acknowledge that your parent or guardian has reviewed, understood and agreed to the terms below.
NOTE TO PARENTS/GUARDIANS OF MINORS: You acknowledge that you have reviewed, understood and agreed to the terms below (such terms being interpreted as if they applied both to you and your minor child/ward) and that you have the specific legal authority to enter into this
Agreement on behalf of your minor child/ward.
IN CONSIDERATION OF PARTICIPATING IN THE EVENT, ON BEHALF OF MYSELF AND ANY PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, EXECUTORS, SUCCESSORS AND NEXT OF KIN AND THOSE INDIVIDUALS WHOM I AM AUTHORIZED TO REGISTER FOR THE EVENT, I UNDERSTAND, AGREE AND REPRESENT AS FOLLOWS:
1. I understand that the Event is or involves an inherently dangerous activity that presents extreme obstacles, including, but not limited to mud, water, mud pits, uneven terrain, holes, heights, ditches, climbing, jumping, water crossings, steep hills and/or hidden type obstacles.
2. I expressly acknowledge and agree that the activities of the Event involve the risk of serious injury and/or death and/or property damage.
3. I am fully aware of the risks and hazards inherent in participating in the Event and I voluntarily, knowingly and freely assume all risks associated with participating in the Event and entering the Premises, including, but not limited to, my own actions or inactions (or the actions/inactions of my minor child/ward), the actions or inactions of others (including Event attendees, staff or volunteers), falls, injuries, illnesses, infections, contact with others (including Event attendees, staff or volunteers), navigating any and all obstacles, Premises defects (obvious and hidden) and the effects of weather, including, but not limited to, water, cold, heat and/or humidity.
4. I represent and warrant to Releasees that I am in good physical condition, I am able to safely participate in the Event and that I have no medical condition that would make my participation in the Event more hazardous.
5. I understand, agree and accept that some of the obstacles may go through mud, swamps, dirt, and water that has not been treated for chemicals, disease or contamination.
6. I understand that the Event course may contain a variety of conditions that could adversely impact me, including contact with animals, insects and plants.
7. I agree not to take any unnecessary risk, and shall not dive or enter any mud pit or body of water head first, as doing so may cause serious physical injury and/or death.
8. If I am pregnant, disabled, or under any medical stress in any way, or if I have recently suffered any illness or injury, I should have or did consult a physician before participating in the Event, but in any event, I waive any claims I may have or come to have in participating.
9. I understand that it is my responsibility to obtain any insurance needed to cover personal injury or death and any liability I might incur to other Event participants.
10. I consent to medical care and transportation in order to obtain treatment in the event of injury as FEN, the volunteers and/or the medical professionals may deem appropriate. I understand that this Waiver and Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
11. I agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by FEN through its employees, representatives or agents, and to abide by any decision of any Event official relative to my ability to safely participate in or attend the Event.
12. I understand and agree that I am expected to exhibit appropriate behavior at all times while at the Event and to obey all local, state and federal civil and criminal laws while participating in or attending the Event. I also agree to indemnify the Releasees from any and all third party claims caused in whole or in part by my negligent or intentional acts or omissions.
13. I agree not to consume alcohol prior to or during the Event or use any medicine or substance that will inhibit my mental or physical ability to safely participate in the Event. If I choose to consume alcoholic beverages after the Event, I will do so responsibly and only if I am over the age of twenty-one (21).
14. I understand and agree that the Releasees are not responsible for any personal items or property that is lost, damaged or stolen at the Event or on the Premises.
15. I understand and agree that pets, wheeled baby conveyances or other wheeled means of conveyance are not permitted on the Event course.
16. I consent to the use of my image in photographs, motion pictures or recordings taken at the Event for use in Event advertising, marketing or promotion.
17. I assign to FEN all rights, title, and interest in any and all photographs, motion pictures, recordings or other records of the Event I may take or capture to FEN. FEN grants to me a limited, non-exclusive right and license to use, for non-commercial purposes only, any and all photographs, motion pictures, recordings or other records of the Event I may take or capture at the Event.
18. I understand and agree that the sale of unauthorized merchandise is not permitted and I may be dismissed or removed from the Event and the Premises for selling such merchandise.
19. I understand and agree that I may not bring weapons, fireworks or illegal substances to the Event or the Premises.
20. I understand and agree that all registration and ticket purchases are final and non-refundable.
21. I understand and agree that FEN reserves the right to change the Event venue, location or
date. In the event of such a change, there will be no refund of my registration or ticket purchase.
22. I understand and agree that FEN reserves the right to cancel the Event in the event of weather, accidents, acts of war or terrorism, military conflicts or riots, or for any reason that will affect the safety and security of Event participants and spectators. In the event of such cancellation, there will be no refund.
23. I recognize and acknowledge that there are hazards and risks of physical injury or illness to Event attendees and that not all such hazards or risks can be fully eliminated. I freely and voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity, that I (or my minor child/ward) may sustain as a result of my attendance at the Event, whether or not caused by the active or passive negligence of the Releasees.
24. I indemnify and hold harmless the Releasees from any loss, liability, damage or cost they may incur while I am at the Event or on the Premises, whether or not caused by the active or passive negligence of the Releasees, including reasonable attorney's fees.
25. I release, waive, discharge and covenant not to sue the Releasees from all liability to me, my personal representatives, assigns, heirs and next of kin, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with my (or my minor child's/ward's) attendance at the Event or while on the Premises, whether or not caused by the active or passive negligence of the Releasees.
26. I understand and acknowledge that the laws of the State of New York shall apply to all matters relating to this Waiver regardless of the Event location, that the exclusive jurisdiction for any dispute with the Releasees resides in state court in Broome County, New York and I expressly consent to the exercise of personal jurisdiction in the State of New York in connection with any dispute with the Releasees arising from my Event participation or attendance.
27. I expressly agree that the Waiver is intended to be as broad and inclusive as permitted by the law of the State of New York, and that if any portion is held invalid, it is agreed that the balance shall continue in full legal force and effect.