Waiver Assumption of Risk and Release Agreement In consideration of the opportunity to participate in the Gladiator Rock'n Run (the “Event”), the undersigned participant (“Participant”) agrees, understands, covenants and warrants as follows: Participant acknowledges and represents that he/she is aware of the inherent risks to person (including-significant injuries or death) or property involved in the Event, which Participant understands is a strenuous and hazardous athletic event, and that Participant knowingly, voluntarily and fully assumes these risks. Participant understands that the Event will consist of 17-25 challenging, physically demanding and hazardous obstacles over a 3.1 – 6.2 mile course and that the risk associated with the same cannot be eliminated. Participant understands that the risk associated with the Event can include falls, contact with fire, inhalation of smoke, burns, rough terrain, heart attacks, seizures, dehydration, hypothermia, contact with other participants, contact with volunteers, contact with man-made and natural obstacles, broken bones, drowning, weather conditions (extreme heat, cold, humidity, etc.), wild animals, and poisonous plants. Participant attests and verifies that Participant is physically fit and Participant has sufficiently trained for the completion of the above-referenced Event. Further, Participant acknowledges and attests this Participant’s physical condition has been verified by a medical doctor and that a medical doctor has advised Participant that he/she is medically able to participate in the Event. Participant acknowledges that the Event is an extreme test of physical endurance and that Participant will monitor himself or herself throughout the Event and will withdraw from the Event if Participant believes that continuing will present a risk of injury to Participant or others. Participant agrees, on his/her own behalf and on behalf of Participant’s heirs, estate, successors and assigns, to indemnify and hold harmless Gladiator Events, LLC, and all landowners, producers, sponsors, co-sponsors, advertisers, organizers, material suppliers, volunteers and/or contractors of any of the Event in which Participant may participate, and all employees, principals, directors, shareholders, agents, members, managers, affiliates, representatives, attorneys and insurers of each of the foregoing (collectively, the “Released Parties”) against, any lawsuits, demands, claims, or expenses (including attorneys’ fees and legal costs), arising from or in any manner related to Participant’s participation in the Event; and to the fullest extent permitted by law, Participant fully and forever waives, releases, discharges and covenants not to sue Released Parties for and from any and all demands, claims, actions, suits, damages, losses, liabilities, costs and expenses arising, directly or indirectly, in related to, in connection with or relating to Participant’s participation in the Event from any cause whatsoever (including, but not limited to, damage or loss of property, bodily injuries, medical treatment and death), whether or not foreseeable or contributed to by the negligent acts or omissions of others. Participant acknowledges that the RELEASED PARTIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EVENT and agrees that the Released Parties will not, under any circumstance, be liable for consequential, indirect, general, special or similar damages. Participant acknowledges that this release and waiver of liability agreement will be used by the Release Parties and that it governs the legal rights and responsibilities of both Participant and the Released Parties. Further, Participant hereby grants to Gladiator Events, LLC the worldwide right in perpetuity to use and publish Participant’s name, Participant’s likeness, Participant’s voice, and/or Participant’s picture, singly or as part of composite or reproductions, in color or otherwise, in any medium now known or in the future devised, including but not limited to, broadcast, telecast, advertising, promotion, or other account of the Event in any form and for any purpose, without compensation or approval. Gladiator reserves the right to reject any entry, and further reserves the right to change the details of the Event without prior notice. Participant understands that Participant’s entry fee is nonrefundable, the bib number is non- transferable, and that, if lost, Participant’s bib number will not be replaced. If any Event is canceled by Gladiator due to circumstances beyond its reasonable control or as a result governmental action, Gladiator shall have no obligation to refund Participant’s entry fee or any other cost Participant may have incurred in connection with such Event.
Participant consents to treatment in the event of an emergency or other incident in which, in the reasonable judgment of the on-site personnel, Participant requires medical care. It is understood and agreed that Participant hereby assumes all liability for any and all medical expenses incurred as a result of training for and/or participation in the Event, including but not limited to ambulance transport, hospital stays, physician and pharmaceutical goods and services. This Waiver and Release Agreement constitutes the entire agreement related to the subject matter hereof, and supersedes any prior or contemporaneous agreement, understandings or negotiations with respect to the subject matter hereof. This Agreement may not be amended or modified, by course of conduct or otherwise. Any controversy, dispute or claim arising out of, in connection with, or in relation to the Event and / or the interpretation, performance or alleged breach of this Waiver and Release Agreement shall be determined exclusively by binding arbitration before a single arbitrator to be held in Los Angeles, California, before the Judicial Arbitration & Mediation Services, Inc. (JAMS) upon the written request of any party. The arbitration shall be conducted in accordance with the JAMS rules then in effect. Any party seeking to invoke the provisions of this Section shall transmit a written demand for arbitration to the other party (the "Written Demand") by sending an email to [email protected]
The Written Demand shall set forth the nature of the dispute, the amount involved, and the remedy sought. The arbitrator shall have the authority to set the nature and scope of discovery. The decision of the arbitrator shall contain a written statement of reasons and support. The decision of the arbitrator shall be final and may be entered in any court of competent jurisdiction. Under no circumstances may the arbitrator amend any provision of this Waiver and Release Agreement or make any award of punitive damages. The arbitrator shall apply California law. Participant acknowledges, agrees and understands that in agreeing to arbitration as set forth herein, he / she is WAIVING any right to trial by jury. Participant warrants that all statements made herein are true and correct and understand that Released Parties have relied on them in allowing Participant to participate in the Event. PARTICIPANT HAS READ THE FOREGOING AND INTENTIONALLY AND VOLUNTARILY SIGNS THIS WAIVER AND RELEASE AGREEMENT, AND UNDERSTANDS THAT PARTICIPANT IS ASSUMING THE RISK OF, AND RELEASING AND HOLDING HARMLESS THE RELEASED PARTIES IN CONNECTION WITH PARTICIPANT’S PARTICIPATION IN THE EVENT.IF PARTICIPANT IS UNDER AGE 18 HIS/HER PARENT OR GUARDIAN MUST SIGN THIS RELEASE AND WAIVER AGREEMENT. Participant’s Parent or Guardian’s signature below certifies that Participant’s son/daughter/ ward has permission to participate in the Event. Participant’s Parent/Guardian has read and understands the foregoing WAIVER AND RELEASE AGREEMENT (above) and by signing intentionally and voluntarily agrees to its terms and conditions. Participant’s Parent/Guardian further certifies that such son/daughter/ ward is in good physical condition and is able to safely participate in the Event. Participant’s Parent/ Guardian hereby authorizes medical treatment for such son/daughter and grants access to such child’s medical records as necessary and as stated above. _______________________________________ Participant / Guardian Signature