Hill Ridge Farms
703 TARBORO RD
Youngsville, NC 27596-9726
Big Muddy Challenge - Raleigh/Durham, NC - 2019
Big Muddy Challenge Participant Agreement
Waiver & Release of Claims, Assumption of Risk and Consent to Medical Treatment (“Waiver”)
PARTICIPANTS: PLEASE READ THIS DOCUMENT CAREFULLY AS IT WILL AFFECT YOUR LEGAL RIGHTS AND WILL ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS. BY SIGNING BELOW (ON BEHALF OF YOURSELF AND/OR ON BEHALF OF A MINOR CHILD UNDER YOUR GUARDIANSHIP) WHERE INSTRUCTED, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS WAIVER.
In consideration of myself and/or my minor child and any that participants of any age that I register or being allowed to participate in any way in the Big Muddy Challenge and related events and/or activities (the “Event”), I, the undersigned, acknowledge, appreciate and agree that:
1.The risk of injury, illness, and/or death from the activities involved in the Event is significant including, but not limited to, the following: (i) drowning, (ii) near-drowning, (iii) sprains, (iv) strains, (v) fractures, (vi) heat and cold injuries, (vii) over-use syndrome, (viii) injuries involving vehicles, (ix) animal/insect bites or stings, (x) contact with poisonous plants, (xi) accidents involving, but not limited to, padding, climbing, hiking, travel by boat, truck, car, or other convenience, (xii) contact or collision with persons or objects (e.g., collision with spectators or course personnel), contact with other participants, contact or collision with motor vehicles or machinery, and contact with natural or man-made fixed objects or obstacles, (xiii) infections, bacteria exposure, and (xiv) the potential for permanent paralysis, disability and/or death.
2.I further understand and acknowledge that any of these risks and others not specifically named may cause injury or injuries that may be categorized as minor, serious, or catastrophic. Minor injuries are common and include, but are not limited to, scrapes, bumps, bruises, sprains, nausea and cuts. Serious injuries are less common, but do sometimes occur. They include, but are not limited to, property loss or damage, broken bones, torn ligaments, concussions, exposure, heat related illness, mental stress or exhaustion, and infection. Catastrophic injuries are rare; however, we feel that our participants should be aware of the possibility. These injuries can include permanent disabilities, spinal injuries and paralysis, stroke, heart attack, and even death.
3.I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for myself and/or my minor child’s participation.
4.As a parent/guardian, I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe an unusual and/or significant hazard during my presence, I will immediately remove myself and/or my minor child from participation and bring such hazard to the attention of the nearest Big Muddy Challenge official.
5.I, for myself and on behalf of my heirs, assigns, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE, and CONVENANT NOT TO SUE Big Muddy Challenge, Local Fit Finder LLC, and their officers, directors, managers, owners, members, past and present employees, representatives, agents, volunteers, administrators, sponsors, supervisors, successors, assigns, affiliates, and if applicable, owners and lessors of the premises used to conduct the Event (collectively, the “Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, and/or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, suffered by me and/or my minor child. I further agree to indemnify, defend and hold harmless the Releasees from any losses, liabilities, costs, claims or damages arising from my minor child’s participation in or association with activities and events organized and sponsored by Big Muddy Challenge and/or Local Fit Finder LLC or connected in any way with the Event.
6.I attest and verify that both I and/or my minor child are physically fit and able to participate in the Event and acknowledge that I am aware of the inherent risks in participating in an athletic event of this type.
7.I attest and verify that neither I nor my minor child are pregnant, disabled in any way or have recently suffered an illness or injury, or if so, I further verify that I consulted a physician for myself and/or my minor child prior to participating in the Event.
8.I attest that on the date of the Event, I will possess and my minor child and I will be covered by medical insurance, individually or as part of an organization. I consent to administration of first aid and other medical treatment for myself and/or my minor child in the event of injury or illness, and I hereby understand that this Waiver extends to any liability arising out of or in any way connected with such medical treatment and transportation provided in the event of an emergency and/or injury.
9.I attest that prior to the start of the Event, I will not consume alcohol or use any medicine or substance that will compromise my physical or mental capacity to safely participate in the Event.
10.I understand and agree that Big Muddy Challenge, Local Fit Finder LLC or venue personnel may immediately cause anyone to be removed from the Event 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.
11.The Releasees reserve the right, in their sole determination, to postpone, cancel or modify the Event due to weather conditions or other factors beyond the control of the Releasees that might affect the health and/or safety of participants. No refunds will be granted.
12.I grant full permission and consent to the use of my image and my minor child’s image in any photographs, images, videotapes, motion pictures, recordings, or any other record of activities of the Event (“Works”) for any legitimate purpose in perpetuity, and I understand that my minor child and/or I shall not be entitled to any compensation therefor.
13.I assign to Local Fit Finder LLC all right, title and interest to Works that I or my minor child may produce to Local Fit Finder LLC in exchange for a limited, non-exclusive license for my use of the Works for a non-commercial purposes only.
14.I hereby acknowledge and understand that this Waiver shall be construed under the laws of the State of North Carolina and that the exclusive jurisdiction for any dispute arising therefrom shall reside in the federal or state courts located in Wake County, North Carolina. I expressly consent to the exercise of personal jurisdiction in the State of North Carolina in connection with any dispute arising from my participation in the Event.
15.I hereby acknowledge and understand that this Waiver is intended to be as broad and inclusive as permitted under the laws of the State of North Carolina, and that if any portion shall be held invalid, the remaining terms shall continue in full legal force and effect.
ACKNOWLEDGEMENT OF UNDERSTANDING:
I HAVE READ AND UNDERSTAND THE IMPORTANT INFORMATION ABOVE.
As a race participant myself, and/or I, as the parent or guardian of the above-named minor participant in the Event, hereby give my approval to my minor child’s participation in the Event. I, as a race participant and/or a parent or guardian of the above-named minor participant in the Event, assume all risks and hazards incidental to such participation in the Event, and I hereby waive, release, absolve, indemnify, and agree to hold harmless the Releasees from and against any and all claims, demands, causes of action, obligations, lawsuits, charges, complaints, contracts, controversies, covenants, agreements, promises, damages, costs, expenses (including, without limitation, attorneys’ fees and expenses), and responsibilities, of whatsoever kind, nature or description, whether, direct or indirect, at law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of, related to or in any way connected with my own or my minor child’s participation in the Event.
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