WAIVER AND RELEASE OF ALL CLAIMS/ ASSUMPTION OF RISK/ INDEMNITY AGREEMENT
THIS DOCUMENT MUST BE CAREFULLY READ AND SIGNED BY EACH PARTICIPANT. IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE THE EVENT (the "Event"), I, for myself, and for my heirs, successors, and assigns, acknowledge, agree and represent that I am physically, mentally, and medically fit and of sufficient skilled to compete in the Event and further warrant that my participation in the Event constitutes an acknowledgement that I am capable of safely competing in the Event and further agree and warrant that, if at any time I feel anything about the Event is unsafe, I will refuse to participate further in the Event and will immediately advise the officials of any unsafe situation or condition.
1. I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE SILVER CIRCLE SPORTS EVENTS, LLC, ITS OFFICIALS, AGENTS, VOLUNTEERS, SPONSORS, CITY OF OCONOMOWOC, WAUKESHA COUNTY, DEPARTMENT OF NATURAL RESOURCES (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “RELEASED PARTIES”) FROM ALL LIABILITY TO ME, MY HEIRS, SUCCESSORS, AND ASSIGNS for any and all loss or damage, and any claims for injuries, illnesses, damages, expenses, or loss that I may have or which may accrue to me arising out of, connected with, or in any way associated with the race, program, activities of the Event caused by the negligence the Released Parties and others. This agreement extends to negligent rescue, negligent transportation, and/or negligent medical care in the event of an emergency.
2. I HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASED PARTIES from any loss, liability, damage or cost it may incur due to my presence or participation in the Event and caused by my negligence, the negligence of others participating in the Event, or the negligence of the Released Parties. I fully accept and understand that there may be other risks either known or unknown to me or not readily foreseeable at this time.
3. I HEREBY ASSUME FULL RESPONSIBILITY FOR RISK OF BODILY INJURY OR DEATH DUE TO THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERS while participating in the Event. I also assume the risk of negligent rescue, transportation, and/or medical care in the event of an emergency or other event.
4. I acknowledge that and agree that participating in the Event is very dangerous and involves the risk of serious bodily injury, including permanent injury or death, which may be caused by my own negligence, the negligence of others participating in the event, or the negligence of the Released Parties. I further acknowledge that I have fully read and understand the Event’s “Acknowledgments and Warnings” and a copy of such was provided to me.
5. I acknowledge that this waiver of liability is the result of a bargain reached between me and the Released Parties for which adequate consideration has been exchanged. I knowingly waive the right to bargain for different waiver of liability terms because if this waiver were not as broad as it is, the Released Parties may not offer the opportunity to participate in the Event and/or participation would cost significantly more, or even be cost prohibitive
6. I HAVE READ AND FULLY UNDERSTAND THE WAIVER AND RELEASE OF ALL CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT AND I SIGN THE SAME ON MY OWN FREE ACT AND WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I FULLY UNDERSTAND THAT BY SIGNING THIS AGREEMENT I HAVE GIVEN UP SUBSTANTIAL RIGHTS INCLUDING THE RIGHT TO SUE. THE UNDERSIGNED FURTHER AGREES THAT THIS AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY LAW IN THE STATE OF WISCONSIN, AND THAT IF ANY PORTION HEREOF IS FOUND INVALID, IT IS AGREED THAT THE BALANCE WILL, NOTWITHSTANDING THE INVALID PORTIONS, CONTINUE IN FULL FORCE AND EFFECT.
7. When registering online, my online signature shall substitute for and have the same legal effect as an original form signature.
Signature: _____________________________________ Date: _______________
Print Name: _____________________________________
ACKNOWLEDGEMENT BY PARENT OR LEGAL GUARDIAN
As parent(s) or legal guardian(s) of the participant named above, I acknowledge that I am aware of the participation of our son/daughter in the Event. I further acknowledge and accept the terms of the liability Waiver and Release, Assumption of Risk and Indemnity Agreement. I HAVE READ THE LIABILITY WAIVER AND RELEASE OF ALL CLAIMS/ ASSUMPTION OF RISK/ AND INDEMNITY AGREEMENT AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT MY/OUR CHILD AND I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
I AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS SILVER CIRCLE SPORTS EVENTS, LLC, ITS OFFICIALS, AGENTS, VOLUNTEERS, SPONSORS, AND EMPLOYEES (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “RELEASED PARTIES”) from all liability, claims, demands, losses, or damages on the minor’s account caused or alleged to have been caused in whole or in part by the negligence of the Released Parties, including negligent rescue, and further agree that if, despite this Release, I, the minor, or anyone on the minor’s behalf makes a claim against any of the above the Released Parties, I AGREE TO INDEMNIFY, SAVE AND HOLD HARMLESS the Released Parties from any litigation expenses, attorney fees, loss liability, damage or any cost incurred as a result of any such claim.
Print Full Name of Minor Child ______________________________________ Date of Birth: _____________________
Print Full Name of Parent/Legal Guardian ______________________________ Relationship: _____________________
Signature of Parent/Legal Guardian: __________________________________ Date: ___________________________
Print Full Name of Parent/Legal Guardian: ____________________________ Relationship: _____________________
Signature of Parent/Legal Guardian: __________________________________ Date: ___________________________
ACKNOWLEDGEMENTS AND WARNINGS
IN CONSIDERATION of being permitted to compete, observe, work for or otherwise participate in the Event (hereinafter the “Event”), I hereby understand, agree, warrant and covenant as follows:
1. I understand and agree that the Event is a risky and inherently dangerous activity.
2. I understand and agree that the Event presents extreme obstacles including, but not limited to, difficult climbs including, but not limited to, climbing or traversing a ski slope or man-made obstacles, fire, mud pits, water obstacles, slides, water pits and hills.
3. I understand and agree not to participate unless I am medically able. In registering for the race, programs/activities, I recognize that there is an inherent risk of bodily injury or death in choosing to participate in the recreational activities/programs. I am solely responsible for determining if I am mentally able, physically fit and/or skilled for the Event. If I am pregnant or disabled in any way or recently suffered an illness, injury or impairment, I understand and agree to consult a physician before undertaking any physical activity associated with the Event.
4. I agree to not consume alcohol prior to the Event or ingest any medicines or substances that will inhibit my mental or physical ability to safely and effectively participate in the Event.
5. I understand and agree that participation in the Event requires extreme feats of a person’s physical and mental limits and carries with it the potential for death, serious bodily injury or property loss.
6. I understand and agree that I need to maintain my own medical, disability and life insurance sufficient in determination to cover any expenses and damages that I, or my family, may incur, including loss of income, arising from my injury, disability or death.
7. I understand agree to abide by any decision of a race official/organizer/director relative to my ability to safely complete the race.
8. I understand and agree to obey all civil and criminal laws at all times.
9. I assume all risks associated with competing in the Event, including but not limited to falls, contact with other participants, negligent acts of other participants, completing all obstacles, defects or condition of premises, the effects of the weather, including high heat and/or humidity, cold weather, rainy and wet weather, tornados or any other adverse weather conditions, and all such risks being known and appreciated by me.
10. I agree that Silver Circle Sports Events, LLC is not responsible for any personal items or property that are lost or stolen in the gear check area.
11. I fully consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as medical professionals may deem appropriate.
12. I understand and agree to abide by the rule that no wheeled baby conveyances or other wheeled devices of conveyance, are permitted in the race.
13. I understand and agree that no animals are permitted in the race.
14. I grant permission to Silver Circle Sports Events, LLC, its affiliates, sponsors, and assignees to use any photographs, motion pictures, recordings or any other record of this event for any purpose including but not limited to promoting, advertising and marketing purposes. Any and all photographs, motion pictures, recordings or other records of the event are the sole property of Silver Circle Sports Events, LLC.
15. I understand and agree that all entries are final with no refunds.
16. I understand and agree that the official race directors reserve the right in any event of emergency, severe weather, local or national disaster to cancel the race and in the event of cancellation or change there is no refund of entry fees.
17. I understand and agree that participants in the Event are expected to exhibit appropriate behavior at all times, including obeying all laws. This includes respect for all people, equipment, and facilities, and cooperative, positive participation. The Event may dismiss, without refund, anyone whose behavior endangers safety or negatively endangers safety or negatively affects a race, a person, a facility, or property of any type or kind. I also agree to indemnify Silver Circle Sports Events, LLC, its affiliates and assigns, from any and all third party claims caused in whole or in party by my actions.
18. I am at least 14 years old. If I am under the age of 18, my parent(s)/legal guardian(s) consent(s) to my participation in the Event and acknowledge the same by signing below.
____________________________________________ (signature) _______________ (date)
____________________________________________ (print name)
Parental/Legal Guardian Signatures:
(1) ___________________________________________ (signature) _______________ (date)
____________________________________________ (print name)
(2) ____________________________________________ (signature) _______________ (date)
____________________________________________ (print name)
