Muck FOR GOOD? RELEASE AND WAIVER OF LIABILITY
For consideration of participation in the Muck FOR GOOD? event to be held on June 27, 2020, I waive and release the Event 360, Inc. (“Event 360”) and National Multiple Sclerosis Society (“NMSS”) and ZERO Prostate (?ZERO?) and any other participating non-profit partner and their respective, chapters, directors, officers, administrators, representatives and executors, past and present employees, volunteers, agents, supervisors, participants, all city, county, federal and state governments, assigns, all sponsors, their representatives and successors, and other persons (collectively, the “Releasees”), from any and all claims, liabilities, or causes of action arising out of an injury to me (or my child) and from any and all claims, liabilities, or causes of action arising from my (or my child’s) participation or attendance in this event.
Minimum Fundraising Option
If I am registering under the minimum fundraising option, in lieu of paying a registration fee in order to participate, I understand that I must raise at least $250 by the time for the check-in for my wave on the day of the event in order to participate. Further, I understand that all donations made in connection with Muck FOR GOOD are non-refundable and non-transferable, even if I do not participate in Muck FOR GOOD. I also understand that the registration fee is non-refundable, non-transferable, and not tax deductible. Regardless of whether I participate in Muck FOR GOOD, if I have not reached the fundraising minimum requirement of $250 by the deadline, my credit card will automatically be charged the difference between $250 and the amount I have raised at the time of my check-in.
Inherent and Potential Risks
I understand that Muck FOR GOOD involves strenuous physical activity associated with a 5K obstacle course run. I am aware that the course features natural obstacles containing mud and water and man-made obstacles all of which may require me to climb, crawl, jump, hike, and swim and traverse man-made structures and uneven and rough terrain. The nature of the course and the physical requirements involved may present an added risk of injury during this event in addition to any risk of injury associated with the completion of a 5K course. I understand that physical activity, by its very nature, carries with it certain inherent risks. I assume all risks associated with participating in Muck FOR GOOD relating to the risk of strenuous physical activity associated with participating in Muck FOR GOOD, collisions with other participants, volunteers, staff or employees, or from falling. I acknowledge that I (or my child) may incur minor injuries, major injuries, and catastrophic injuries including paralysis and death. I assume all risks from contact with other participants, volunteers, staff or employees and traversing all obstacles, falling, drowning, landing in a hazardous fashion, negligent or wanton acts of other participants, volunteers, staff or employees, any defects of conditions of premises, failure of participants and non-participants to observe obstacle guidelines, and the effects of weather including high heat, thunderstorms, lightning, precipitation, cold temperatures, high winds, and/or humidity. I understand, agree, and accept that some of the obstacles I (or my child) may go through or contain water that has not been tested for chemicals, disease, or other contamination. I agree not to dive head first into a mud pit.
I agree to dress myself (or my child) appropriately as to mitigate risk of physical injury to myself (or my child) including, but not limited to: wearing shoes appropriate for strenuous physical activity involved in Muck FOR GOOD; and dressing in conjunction with the weather.
I agree that the Releasees are not responsible for any personal items or property lost or stolen before, during, or after Muck FOR GOOD.
Weapons are strictly prohibited at the Muck FOR GOOD event. I agree not to bring any weapon of any kind to the event, including all Muck FOR GOOD sponsored pre and post event activities.
I attest that I (or my child) am medically and physically able and have sufficiently trained for the completion of this event and a licensed medical doctor has verified my physical condition granting me clearance to participate. If I experience any doubt as to my (or my child’s) ability to successfully and safely participate in and complete Muck FOR GOOD, I take full responsibility for consulting a physician. I attest that, if I (or my child) am pregnant, disabled in any way, or have recently suffered an illness, injury, or impairment, I (or my child) should have or did consult a physician prior to participating in Muck FOR GOOD.
I consent to emergency medical care and transportation in the event of injury to me (or my child) as medical professionals may deem appropriate, and to the release of any pertinent medical data to Event 360. This 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, including, but not limited to, negligent emergency rescue operations.
I am fully aware of the risks connected with participation in Muck FOR GOOD, whether specifically listed in this Release or not, and I voluntarily elect to participate in Muck FOR GOOD knowing that this participation involves these risks.
Assumption of Risk, Waiver of Liability, Release, and Covenant Not To Sue
In consideration for being permitted to participate in Muck FOR GOOD, I voluntarily agree for myself, my family, heirs, assigns, executors, and administrators to the following:
1. TO ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, OR PERSONAL INJURY, INCLUDING DEATH?that may be sustained by me (or my child), or any loss or damage to property owned by me (or my child), as a result of participating in Muck FOR GOOD.
2. TO RELEASE, WAIVE, HOLD HARMLESS, DISCHARGE, AND COVENANT NOT TO SUE?the Releasees from any and all liability, claims, actions, demands, expenses, attorney fees, breach of contract actions, breach of statutory duty or other duty of care, warranty, strict liability actions, and causes of action whatsoever, that I might have or may acquire in the future, arising out of or related to any loss, damage, or injury, including death, that may be sustained by me (or my child), or to any property belonging to me (or my child), while participating in Muck FOR GOOD including, but not limited to, any claim that the act or omission complained of?was in whole or in part caused by the negligence or carelessness of the Releasees.
Acknowledgment and Compliance with Rules
I agree to observe all rules and safety procedures that accompany Muck FOR GOOD and to abide by any decision of an event official relative to my (or my child’s) ability to safely compete in the event. I agree to exhibit appropriate behavior at all times and to obey all laws. Event 360, NMSS, ZERO and any other non-profit charity partner and event officials may dismiss me (or my child), without refund, should my (or my child’s) behavior endanger the safety of or negatively affect an event, person, facility, or property of any kind.
I agree that if any portion of this Release is deemed to be invalid, the remainder of the Release will still be binding and enforceable.
I hereby grant full permission to NMSS, ZERO and any other non-profit charity partner participating in Muck FOR GOOD and Event 360 to use, reuse, reproduce, publish, or republish any photographs, motion pictures, recordings, or any other record of my participation in this event, in any medium now known or hereafter developed, alone or in conjunction with other material, without restriction as to changes or alterations, as well as to use my name, voice, likeness, and/or other indicia of identity, for editorial, educational, promotional, advertising, and commercial purposes, including without limitation in connection with the solicitation of contributions and the furtherance of the corporate objectives of NMSS, ZERO and any other non-profit charity partner participating in Muck FOR GOOD and Event 360. Further, I relinquish all rights, title, and interest in any and all photographs, motion pictures, recordings, or other records of Muck FOR GOOD I may take or capture to Event 360, NMSS, ZERO and any other non-profit charity partner participating in Muck FOR GOOD.
I acknowledge I have carefully read, accept, and agree to the terms on this Release and Waiver of Liability, and know and understand their contents and I sign the same on my/our own free act and deed.
ONLY COMPLETE BELOW SECTION IF YOU ARE A PARENT OR GUARDIAN OF A PARTICIPANT UNDER THE AGE OF 18:
I attest that I am in fact the parent or legal guardian of the above-named participant. I hereby give my approval to this child’s participation in Muck FOR GOOD. I assume all risks and hazards incidental to such participation, and I hereby waive, release, absolve, indemnify, and agree to hold harmless Releasees for any claim arising or of an injury to my child and from any and all liability, claims, actions, demands, expenses, attorney fees, breach of contract actions, breach of statutory duty or other duty of care, warranty, strict liability actions, and causes of action whatsoever arising out of or connected with my child’s participation in Muck FOR GOOD. I consent to the foregoing and grant permission for my child to participate in Muck FOR GOOD. I attest that my child, the above-named participant, is a minimum of ten (10) years of age as of the date of Muck FOR GOOD, and that my child will be supervised by an attending adult eighteen (18) years of age or older throughout his or her participation in Muck FOR GOOD.
I acknowledge I have carefully read, accept, and agree to the terms on this Release, and know and understand their contents and I sign the same on my/our own free act and deed.