PLEASE READ CAREFULLY;THIS AGREEMENT ADDRESSES YOUR COMPLETE
ASSUMPTION OF ALL LIABILITY AND RISK, CONSENT TO
MEDICAL TREATMENT, AND FUTURE LEGAL RIGHTS REGARDING
YOUR REGISTRATION, PARTICIPATION, ASSOCIATION, AND INTERACTION
WITH PHANTOM STRENGTH ATHLETICS LLC (”PSA”). BY
SIGNING THIS AGREEMENT (”WAIVER”), YOU CERTIFY YOU ACCEPT
AND UNDERSTAND THE INTENT AND MEANING CONTAINED WITHIN
THIS WAIVER.

PLEASE KNOW PHANTOM STRENGTH ATHLETICS, LLC HAS DESIGNED
A CHALLENGING OBSTACLE ORIENTED, MUD AND WATER
ORIENTED, RUNNING COURSE AND, PRIOR TO THE FIRST WAVE OF
RUNNERS, THOROUGHLY INSPECTS THE ENTIRE RUNNING COURSE
AND EACH INDIVIDUAL OBSTACLE FOR UNSAFE OR DEFICIENT CONDITIONS.
WITH THIS STATED, YOU SHOULD FULLY RECOGNIZE, UNDERSTAND,
AND ACKNOWLEDGE THAT YOUR PARTICIPATION IN
THIS EVENT IS INHERENTLY DANGEROUS AND HAZARDOUS WITH
THE RISK OF SERIOUS INJURY, POSSIBLE DEATH, AND/OR POSSIBLE
LOSS OR DAMAGE TO PERSONAL PROPERTY. WITH THIS UNDERSTANDING,
YOUR SIGNATURE ON BEHALF OF YOURSELF OR
A MINOR (CHILD/WARD) REPRESENTS YOUR FULL ACKNOWLEDGMENT
THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO
THIS WAIVER, AND FULLY AGREE TO ALL TERMS AND CONDITIONS
PRESENTED HEREIN THIS WAIVER AS OUTLINED IN DETAIL. THIS
WAIVER IS NOT NEGOTIABLE.

This Waiver must be carefully read, and signed prior to being permitted
to participate or enter, for any purpose, any events sponsored by PSA. May it
be known, the term ”Release” is defined to include the following: (a) Phantom
Strength Athletics, LLC (”PSA”); (b) the property owner(s), the Ottawa
County Fair Grounds (”OCFG”), the Ottawa County Ag Society, other committees,
groups, sub-groups, or organizations in association with the OCFG;
(c) any event sponsors, sponsor affiliates and/or co-sponsors; (d) any vendors,
vending operations, or vending companies working with PSA or at the OCFG
for an event, and (e) all other subsidiaries, subcontractors, volunteers, affiliated
companies, owners, members, managers, directors, officers, past and present
employees, agents, representatives, successors, and assigns related to or working
in conjunction with entities listed and included in (a), (b), (c), or (d).
I understand the events PSA promotes, schedules, and conducts are inherently
dangerous activities presenting extreme obstacles, including, but not limited
to, fire, mud pits, trenches, confined spaces, wire, cargo nets, junked cars,
heights, climbing, jumping into water, swimming, water crossings, steep hills
and/or uneven terrain, wooded paths, downed trees, rocks, stone, natural occurring
obstacles, fencing, wooden obstacles, balancing obstacles, slippery surfaces,
machinery, pumping stations, water stations, signage, protection or course
markers, piping, electronic cables/cords or lighting, electronically charged systems,
motor vehicles and other transportation equipment, emergency personnel,
emergency equipment or response efforts, imperfect course conditions, obstacle
wear and tear from other participants, collision with other participants, spectators,
natural or manmade barriers, or other unknown possible collision materials,
erratic, inappropriate or unexpected behavior from other participants or
spectators, poor or lack of judgment for myself or on behalf of my minor/ward,
errors in judgment on behalf of others working the course, whether employed,
sub-contracted, or volunteer staffing, and other participants representing obstacles
in their participation for these events which may be scheduled in all types
of weather conditions during the day or at night.
I acknowledge that each and every obstacle may be avoided if I deem it to
be too serious of a challenge for my child/ward, or myself and that at any time
I may choose to walk or quit the course completely. It is my sole judgment to
accept each and every obstacle during the event and recognize it is my judgment
whether to stop or continue. I agree and accept these conditions and I further
accept the risk associated with my exposure to these conditions.
I acknowledge and agree these activities involve the risk of serious injury,
possible death, and possible loss of or damage to personal property.
I am fully aware of, understand, and comprehend the risks and hazards
inherent in participating in the event presented. I voluntarily, knowingly, and
of my own free will, assume all risks associated with participating and entering
the event premises, including, but not limited to, my own actions or inactions
(or the actions or inactions of my minor child/ward), the actions or inactions of
others (including PSA, OCFG, staff, volunteers, or other event attendees), falls,
injuries, illnesses, infections, contact with others (including, but not limited to,
PSA, OCFG, staff, volunteers, or other event attendees), navigating any and
all obstacles, premises defects, and the effects of weather, including, but not
limited to, heat and/or humidity, rain, wind, snow, hail, or other alternatives.
I represent and warrant to Releases that I am in good physical condition,
am able to safely participate, and have no medical condition making my participation
more hazardous.
I understand, agree and accept some of the obstacles may go through water,
mud, or areas that have not been treated for chemicals, disease, or contamination.
These areas may include the Portage River, outlets, tributaries, inlets,
water retention or runoff areas, the OCFG pond and areas where farm animals
may have passed or traveled in close proximity; I agree and accept these
conditions and I further accept the risk associated with my exposure to these
conditions.
I understand the obstacle course may contain wild animals, insects, and
plants of an unknown variety; I agree and accept these conditions and I further
accept the risk associated with my exposure to these conditions.
I agree not to dive or enter any mud pit or body of water head first, as doing
so may cause serious physical injury and/or death.
If I am pregnant, disabled in any way, or have recently suffered an illness
or serious injury, I understand I should have or did consult with a physician
before participating in this event and made my own determination based on or
not based on information provided by a physician, and as such, I am accepting
the risk and liability associated with my participation. I agree and accept these
conditions and I further accept the risk associated with my exposure to these
conditions.
I understand it is my responsibility to obtain any insurance needed to cover
personal injury of death and any liability I might incur to other participants.
I consent to medical care and transportation in order to obtain treatment in
the event of injury to or attention requested for me (or my minor child/ward)
as PSA, OCFG, volunteers, or medical professionals may deem appropriate and
understand that the Waiver extends to any liability arising out of or in any way
connected with such medical treatment or transportation.
I understand and agree that I am expected to exhibit appropriate behavior
at all times while at the event or on the premises and to obey all local, state and
federal civil and criminal laws. This includes, generally, respect for other people,
equipment, facilities or property, including appropriate language, actions, and
avoiding suggestive or vulgar displays, words, or activities. PSA may dismiss
me, without refund, should my behavior endanger the safety of or negatively
affect the event, premises or any person, facility or property. I also agree to
indemnify the Releases from any and all third-party claims caused in whole or
in part by my negligent or intentional acts or omissions.
I agree not to consume alcohol prior to participating in any events or use any
medicine or substance that will inhibit my mental or physical ability to safely
participate in the events. I also agree not to consume any alcoholic beverages
or use any medicines during the event, as I recognize this will further impair or
interfere with my abilities or judgment and put myself and other participants
at a greater risk of serious injury, possible death, or otherwise cause damage or
loss of personal property, whether it be my own or that of others. If I choose to
consume alcoholic beverages after the event, I will do so responsibly and only if
I am of legal age and permitted.
I understand and agree the Releases are not responsible for any personal
item or property lost, damaged or stolen at the event or on the premises.
I understand and agree pets, wheeled baby conveyances, or other wheeled
means of conveyance are not permitted on the event course.
I consent to the use of my image in photographs, motion pictures, recordings,
live-streaming, video-tapes, news broadcasts, or other means of recording,
broadcast, or promotion taken at the event for use in event advertising, marketing
or promotion.
I assign to PSA all rights, title, and interest in any photographs, motion
pictures, recordings, live-stream updates, news broadcasts, or other means of
recording, broadcast, or promotion of the event (“Records”). PSA grants to me
a limited, non-exclusive right and license to use the Records for non-commercial
purposes only and encourages postings to personal social media sites and further
encourages sharing with family and friends, limited only to commercial use.
I understand and agree the sale of unauthorized merchandise is not permitted.
I may be dismissed for selling such items and I may be fined for such
activities.
I understand and agree all recognized forms of weapons, fireworks, or illegal
substances are strictly prohibited at the event, and not allowed on the premises,
including concealed carries, as full participation in the events would limit the
owner’s ability to maintain control and manage the weapon.
I understand and agree all ticket purchases are final and nonrefundable.
I understand and agree that PSA reserves the right to cancel the event due
to weather (including, but not limited to, heat, tornadoes, earthquakes, fires,
storms, lightning, sink holes, and floods), accidents, acts of war or terrorism,
military conflicts, riots, or any other reason that would affect the safety and
security of event participants and attendees. In the event of such cancellation,
there will be no refund of my purchases.
I recognize and acknowledge there are hazards and risks of physical injury
or illness to participants and that not all such hazards or risks can be fully
eliminated.
I freely and voluntarily agree to assume the full risk of death, serious bodily
injury, and/or property loss/property damage, regardless of the severity that I
(or my child/ward) may sustain as a result of my participation, whether or not
caused by the active or passive negligence of the Releases.
I indemnify and hold harmless the Releases from any loss, liability, damage
or cost I may incur while I am at the event or on the premises, whether or not
caused by the active or passive negligence of the Releases.
I release, waive, discharge, and covenant not to sue the Releases from any and
all liability to me (or my child/ward), my personal representatives, assigns, heirs
and next of kin, for any claims, causes of action, obligations, lawsuits, charges,
complaints, controversies, damages, costs or expenses of whatever kind, nature,
or description, whether direct or indirect, in law or in equity, in contract or in
tort, or otherwise, whether known or unknown, arising out of or connected with
my (or my child/ward’s) participation in the event or while on the premises,
whether or not caused by the active or passive negligence of the Releases.
I understand and acknowledge the laws of the state of Ohio shall apply
to all matters relating to this waiver regardless of the event location, that the
exclusive jurisdiction for any dispute with the Releases resides in State or federal
courts in Ottawa County, Ohio and I expressly consent to the exercise of personal
jurisdiction in the State of Ohio in connection with any dispute with the Releases
arising from my event participation or attendance.
In the event of a legal issue, I agree to engage in good faith efforts to mediate
any dispute that might arise. Any agreement reached will be formalized by a
written contractual agreement at that time. Should the issue not be resolved by
mediation, I agree all disputes, controversies, or claims arising out of my participation
in the event shall be submitted to binding arbitration in accordance
with the applicable rules of the American Arbitration Association in effect. The
parties shall share the cost of such action equally.
I expressly agree this Waiver is intended to be as broad and inclusive as
permitted by the law of the State of Ohio, and that if any portion is held
invalid, the balance shall continue in legal force and effect.
In the event the race is timed, I acknowledge the timing in not guaranteed
due to weather variables and other interfaces with timing equipment.

ASSERTIONS:
1. I assert I am in good health and in proper physical condition to safely
participate in the event. I certify 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.
2. I acknowledge PSA recommends and encourages each client to get medical
clearance from his/her personal physician prior to participation.
3. I assert I have not been advised or cautioned against participating by a
medical practitioner.
4. I understand it is my responsibility to continuously monitor my own physical
and mental condition during the event and I agree to withdraw immediately
and to notify appropriate personnel if at any point my continued participation
would create a risk of danger to myself or to others.
5. I attest I am covered by medical insurance of some form.
6. In the event of an injury to me that renders me unconscious or incapable
of making a medical decision, I authorize appropriate PSA personnel and emergency
medical personnel at the event to make emergency medical decisions on
my behalf.
7. I authorize PSA to secure emergency medical care or transportation (i.e.,
EMS) when deemed necessary by PSA and agree to assume all costs of care and
transportation.
8. I acknowledge PSA instituted rules for the protection of my co-participants
and myself. I agree to familiarize myself with those rules and follow them
throughout the event; I also recognize the authority of PSA to halt my participation
(and, if necessary, have me removed from the premises) if my participation,
conduct, or presence endangers my co-participants or myself.

I UNDERSTAND THIS EVENT IS AN EXTREME TEST OF MY PHYSICAL
AND MENTAL LIMITS. I HAVE READ THIS DOCUMENT AND
FULLY UNDERSTAND ITS TERMS. I UNDERSTAND I AM GIVING UP
SUBSTANTIAL LEGAL RIGHTS BY SIGNING BELOW (OR CLICKING
THE BOX BELOW IF SIGNED ELECTRONICALLY), INCLUDING THE
RIGHT TO SUE THE RELEASES. I ACKNOWLEDGE I AM SIGNING THIS
AGREEMENT FREELY AND VOLUNTARILY AND INTEND MY SIGNATURE
TO BE A WAIVER AND COMPLETE AND UNCONDITIONAL RELEASE
OF ALL LIABILITY DUE TO THE INTENDED OR UNINTENDED
NEGLIGENCE OF RELEASES OR THE INHERENT RISKS OF PARTICIPATING
IN THE EVENT.