| In consideration of being allowed to participate in any way in this particular competition, race, related events and/or activities (collectively, the "Event"), I, the undersigned, acknowledge, covenant and agree that: |
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1. Risks Associated With The Event. The risk of injury 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 bites and/or 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;(xii) heart attack and (xiii) the potential for permanent paralysis and/or death. While particular rules, equipment, and personal discipline may reduce this risk, the risk of death or serious injury nevertheless exists. Furthermore, I know that there are natural and man-made obstacles and hazards, surfaces, and environmental conditions and risks, which in combination with my actions or other's actions, can increase the potential for severe or even fatal injury. I also know that there may be traffic on the course route, and assume the risk of running in said traffic. |
| 2. Assumption of Risk. I AGREE THAT I HAVE TAKEN AN ACTIVE ROLE IN UNDERSTANDING AND ACCEPTING THE RISKS, CONDITIONS AND HAZARDS ASSOCIATED WITH THE EVENT AND AFTER THE OPPORTUNITY TO FULLY INFORM MYSELF ABOUT THE EVENT, I KNOWINGLY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, AND ASSUME FULL RESPONSIBILITY AND ALL RISKS FOR MY PARTICIPATION IN THE EVENT. |
| 3. Significant Hazard. I voluntarily agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual and/or significant hazard during my presence or participation, I will remove myself from participation and bring such hazard to the attention of the nearest official. |
| 4. Waiver & Release. I, for myself and on behalf of my heirs, assigns, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE the organizer of the Event (the "Event Organizer"), Haku App Corporation, Inc. and their officers, directors, representatives, officials, principals, agents and/or employees, subsidiaries, and/or assigns, as well as their independent contractors, sponsoring agencies, sponsors, advertisers, volunteers, 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, incurred by me in connection with participation in the Event. I further agree to indemnify, defend and hold harmless Releasees from any loss, liability, cost, claim or damages arising from my participation in or association with activities and events organized and sponsored by the Event Organizer or connected with the Event. This release extends to all claims of every kind or nature whatsoever, foreseen or unforeseen, known or unknown. |
| 5. Training; Medical Insurance. I attest and verify that, unless otherwise indicated below, I am over 18 years of age, am free from all illnesses, injuries and defects that could interfere with my safe participation in the Event. I further attest that I am physically fit and sufficiently trained to participate in all activities associated with the Event and have not been advised otherwise by a qualified medical person. My participation in the Event is entirely voluntary. I am solely responsible for my safety and health while I train, prepare, condition and/or take any other actions or proactive measures of any kind in preparation for, or in anticipation of, the Event. |
| 6. Medical Treatment. I agree to abide by any decision by an Event official relative to my ability to safely complete the Event. I further consent to administration of first aid and/or other medical treatment in the event of injury or illness and hereby release and indemnify Releasees from any and all liability or claims arising out of such treatment. I understand that any and all costs resulting from any medical attention and/or treatment that I receive shall be solely my responsibility and the Releasees shall in no way be liable or responsible for any of these costs. |
| 7. Force Majeure; Refunds. The Releasees reserve the right, in their sole and absolute discretion, to postpone, cancel, or modify the event due to weather conditions, Acts of God or other factors beyond the control of the Releasees that might affect the health and/or safety of the participants. I also understand no refunds shall be granted should the Event be postponed, cancelled or otherwise modified. |
| 8. Release; No Compensation. I irrevocably grant unlimited permission to Releasees, to use, reproduce, sell and distribute any and all photographs, images, videotapes, motion pictures, recordings, or any other depiction of any kind of me or of my participation in the Event or related activity for any legitimate purpose in perpetuity and I understand that I shall not be entitled to any compensation therefore. Furthermore, I hereby irrevocably and absolutely grant permission to the Releasees to film, videotape and record gratis my performance in the Event and subsequently to telecast, sell, distribute and otherwise utilize the same in whatever manner Releasees shall deem appropriate. Such permission shall include granting the unlimited and irrevocable right to Releasees, without compensation of any kind to me, to use, reproduce or broadcast, my name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the Event without compensation of any kind to me. I acknowledge that Releasees and their representatives shall have the unlimited right throughout the world to copyright, use, reuse, publish, republish, broadcast and otherwise distribute depictions of or information about me and all or any portion of the Event in which I may appear on any and all radio, network, cable and local television programs and in any print materials and in any other format or media (including electronic media) now known or hereinafter devised in perpetuity and without compensation to me. In consideration and in return for being allowed to participate in the Event, I release and agree not to sue the Releasees from all present and future claims regarding my participation in the Events that may be made by me, my family, estate heirs, or assigns. |
| 9. Minors Under The Age of 18. In the case that the participant of the above Release (the "Participant") is under the age of 18, I hereby certify, warrant and represent that I am the legal parent or guardian of said Participant. Furthermore, after fully informing myself regarding the nature and risks of the Event, I give my permission for Participant to participate in the same. Furthermore, I fully ratify, accept and agree to all of the terms of the above Release both for myself individually and as legal parent or guardian of the Participant. |
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND AGREE TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. |
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