AGREEMENT, WAIVER, RELEASE OF CLAIMS, WARNING OF RISK,
ASSUMPTION OF RISK, AND COVENANT NOT TO SUE
Read this document carefully before signing. This document has legal consequences and will affect your legal rights, and will limit or eliminate your ability to bring future legal actions.
I understand and acknowledge that by signing below, I am legally agreeing to all of the following statements and agreements in exchange for being permitted to participate as a competitor (“Competitor”) in the CIVILIAN MILITARY COMBINE: NYC METRO RACE (“Event”) hosted by Civilian Military Combine, LLC (“CMC”), which Event is scheduled to take place on, September 22, 2012 at Aviator Sports and Events Center and Floyd Bennett Field, Gateway National Recreation Area (“Course”) owned by the National Park Service operated by Aviator Sports and Events Center (“Facility Owner”), which participation includes but is not limited to participation in pre- and post-Event activities (“Related Activities”):
SECTION: 1 and 2 Assumption of Risk & Release and Covenant Not to Sue
1. Assumption of Risks. I hereby expressly, knowingly and voluntarily assume all of the risks involved in being a Competitor in the Event. I acknowledge that the Event is an extreme test of my physical and mental limits which includes inherent risks of physical injury that cannot be eliminated completely, including but not limited to an above-average risk of death and/or serious injury. Further, I understand and acknowledge that these risks include, but are not limited to: (i) drowning; (ii) near-drowning; (iii) sprains; (iv) strains; (v) fractures; (vi) burns and injuries from cold; (vii) contact and collision with spectators and other Competitors; (viii) injuries involving vehicles; (ix) animal bites and/or insect stings; (x) contact with poisonous plants; (xi) accidents involving, but not limited to paddling, climbing, biking, hiking, skiing, snow shoeing, travel by boat, truck, car, or other convenience; and (xii) the potential for permanent paralysis and/or death. I understand that while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury exists regardless; and that these risks may be caused in whole or in part by: my own actions or inactions; the actions or inactions of spectators; the actions or inactions of other Competitors; and/or the acts, inactions, or negligence of the Released Parties (defined in Section 12).
2. Release and Covenant Not to Sue. IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE AS A COMPETITOR OF THE EVENT, I HEREBY AGREE NOT TO SUE, AND I RELEASE AND FOREVER DISCHARGE, THE FOLLOWING PARTIES FROM ANY AND ALL CLAIMS: CMC and its directors, officers, employees, agents, contractors, insurers and volunteers; Facility Owner, and its directors, officers, employees, agents, contractors, insurers and volunteers; all CMC event sponsors, organizers, promoters, directors, officials, property owners, and advertisers; all other persons or entities involved with CMC; all state, city, town, county, and other governmental bodies and/or municipal agencies whose property and/or personnel are used and/or who in any way assist with CMC; and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, shareholders, supervisors, insurers, agents, and representatives of any of the foregoing (collectively, the “Released Parties”). As used in this paragraph, “Claims” means any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), and causes of action, of any kind or nature, which I have or may have in the future (including court costs, attorneys’ fees and litigation expenses), that may arise out of, result from, or relate to my participation as a Competitor of the Event or my travel to or from the Event. I understand and acknowledge that these Claims include, but are not limited to, causes of action for death, personal injury, partial or permanent disability, negligence, and property damage or theft; causes of action relating to the provision of first aid, medical care, medical treatment, or medical decisions (at the site of the Event or elsewhere); and claims for medical or hospital expenses, including medical transportation services. I further understand and agree that the foregoing waiver, release and discharge applies even if the Claims are caused by the negligent acts, omissions, or carelessness of any of the Released Parties.
3. Course Conditions. I agree that prior to participating in the Event I will inspect the Course, facilities, equipment and areas to be used. If I suspect or become aware at any time that any parts of the Course, facilities, equipment and areas to be used are unsafe or pose unreasonable risks, I agree to immediately notify appropriate personnel. I accept full and sole responsibility for the condition and adequacy of my equipment.
4. Personal Physical Condition. I acknowledge that I am advised to consult a medical practitioner before participating in the Event. I represent that I am covered by medical insurance, individually or as part of an organization. I agree that it is my responsibility to determine whether I am sufficiently fit, healthy, skilled and physically-trained to safely participate in the Event. I hereby represent that I am, and on the date of the Event will be, in good health and in proper physical condition to safely participate in the Event. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in the Event, or that would result in my participation creating a risk of danger to myself or to others. I further certify that I have not been advised or cautioned otherwise by a medical practitioner.
5. Alcohol/Drugs. I assume full responsibility for any injury, loss or damage associated with my use or consumption of alcohol and/or drugs at any time before, during or after the Event. I understand the dangers associated with the use or consumption of alcohol and/or drugs (including medications) and I recognize that such use or consumption will likely impair my judgment and motor skills. I certify that I am not, and on the date of the Event will not be, under the influence of alcohol or any drugs that would in any way impair my ability to safely participate in the Event. I assume full responsibility for any injury or loss to myself or to others and for any damage to any personal or real property associated with my use or consumption of alcohol and/or drugs at any time before, during or after the Event.
6. Event Rules. I agree to abide by the rules of CMC and to comply with the directions and instructions of CMC personnel. I agree to become familiar with and abide by all written and/or posted rules of CMC, as well as all written and/or posted rules of the Facility Owner. I further agree to comply with all directions, instructions and decisions of CMC and the Facility Owner personnel, including but not limited to instructions or directions relating to the manner of my safe observation of the Course or observation of or participation in Related Activities, and decisions that I will stop observation of the Course or observation of or participation in Related Activities at any time. Except as otherwise prohibited by law, I agree not to challenge these rules, directions, instructions, or decisions on any basis at any time and I acknowledge that they are reasonable and necessary to reduce risk; protect the safety of participants, spectators, and personnel; and/or promote fairness and the spirit of CMC.
7. Additional Rules. I further specifically acknowledge and agree to abide by the following rules: no entry of any kind by spectators is permitted to the Course area at any time before, during, or after the Event; no urination or defecation is permitted outside of designated areas; no interference is permitted with any Competitor at any time during the Event; and no clothing, props or equipment that pose an unnecessary risk to Competitors, spectators or Event personnel is permitted. I also specifically agree to obey all state and federal civil and criminal laws, including traffic laws and regulations. I also agree to exhibit appropriate behavior at all times; demonstrate respect for all people, equipment and facilities; and participate with a cooperative and positive attitude. I understand that CMC and the Facility Owner personnel may immediately dismiss anyone who disobeys any rules, directions, instructions, decisions, or laws, or whose behavior endangers safety or negatively affects a person, facility, or property of any type or kind.
8. Medical Consent. I consent to receive medical care and treatment as determined by CMC personnel. In the event of my injury, accident, or illness, I consent to receive medical care and treatment as deemed advisable in the best judgment of appropriate CMC and/or Facility Owner personnel and/or appropriate medical professionals. If necessary, I authorize CMC and/or the Facility Owner and/or other appropriate medical personnel to consent to such medical care and treatment on my behalf.
9. Medical Costs. I agree to assume liability for any and all medical costs incurred as a result of my participation as a Competitor in the Event that are not covered by my insurance, including but not limited to costs of: medical care and treatment, ambulance and other medical transportation services (including air ambulance), hospital stays, and physician and pharmaceutical goods and services. I agree to indemnify and hold harmless the Released Parties from all liability for such costs.
10. Photos, etc. I understand and agree that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during the Event by CMC, its affiliated entities or contractors, and/or the media are the sole property of CMC without any further payment or other consideration. I hereby grant the right, permission and authority to CMC to use my name and any such photographs, motion pictures, recordings, and/or likenesses for any legitimate purpose, including but not limited to promoting, advertising, and marketing activities, including those on the internet. I further understand that CMC, as sole owner, has the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses.
11. Event Cancellable. I acknowledge that CMC reserves the right to cancel or reschedule the Event as a result of emergency (defined below) or other disaster. I acknowledge that CMC in its sole and absolute discretion may delay, modify or cancel the Event if natural or man-made emergencies make administering the Event unreasonably difficult or unsafe. I agree that “emergency” means any event beyond the control of CMC, including but not limited to: high wind, extreme rain or hail, snow, hurricane, tornado, earthquake, flood, acts of terrorism, fire, lightning, threatened or actual strike, labor difficulty or work stoppage, insurrection, war, public disaster, significant equipment failure, and unavoidable casualty. I further acknowledge that CMC in its sole discretion may also delay, modify or cancel the Event if conditions on the day of the Event are, in the sole judgment of CMC, in any way unsafe. In the event of a delay, modification, or cancellation of the Event as described in this paragraph, I understand that I will not be entitled to a refund of my entry fee or any other costs incurred in connection with the Event.
12. No Refunds. I understand that the fee I paid for the Event is non-refundable, and that I will not be reimbursed under any circumstances for any portion of any fees paid for entry to the Event as a Competitor or to the Facility Owner or otherwise, as I understand that all fees are paid only in exchange for the opportunity to participate in the Event, and in no way represent an entitlement to complete the Course.
13. Successors, etc. I understand that this waiver, release and discharge operates for myself as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf.
14. Choice of Law; Venue. I acknowledge and agree that the statutes and laws of the State of Pennsylvania will apply to all matters relating to this agreement, including participation as a Competitor in the Event, regardless of the actual location of the Event or the principles of conflict of laws. I agree that exclusive jurisdiction for any dispute with CMC resides in the courts of the State of Pennsylvania and expressly consent to the exercise of personal jurisdiction in the State of Pennsylvania in connection with any dispute. I understand and agree that this agreement is intended to be as broad and inclusive as is permitted by the State of Pennsylvania, and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this agreement and does not affect the validity and enforceability of any remaining provisions.
BY SIGNING BELOW, I AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER (OR WILL BE ON THE DATE OF THE EVENT), I HAVE READ THIS AGREEMENT, I UNDERSTAND ITS CONTENT, AND I INTENTIONALLY AND VOLUNTARILY SIGN THIS AGREEMENT
