I know that running a road or trail race is a potentially hazardous activity, which could cause injury or death. I should not enter and run unless I am medically able and properly trained.
I understand and acknowledge that participation in track & field, road running, race walking, cross country, mountain, ultra, and trail running Events is inherently dangerous and represents an extreme test of a person's physical and mental limits. I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, spectators, animals or other natural or man-made objects; dangers arising from adverse weather conditions; imperfect course or track conditions; land, water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers ("Risks"). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the negligent acts or omissions of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any Event.
In consideration for being permitted to participate in the event organized by Blackfish Ventures LLC (the "Event”), on behalf of myself and my representatives, administrators, executors, assigns, and heirs, and any minor participants for which I have accepted responsibility and signed for below and having read this waiver and knowing these facts, I, for myself and anyone entitled to act in my behalf, hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: Ski Lifts, Inc., Boyne USA, Inc., the U.S. Forest Service, Orca Running, Evergreen Trail Runs, Blackfish Ventures LLC, Event Organizers, Event Directors and Promoters, Sponsors, Advertisers, Coaches and Officials; Venue and Property Owners upon which the Event takes place; Law Enforcement Agencies and other Public Entities providing support for the Event; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the "Released Parties" or "Event Organizers"), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorney’s fees) of any kind or nature ("Liability") which may arise out of, result from, or relate in any way to my participation in the Event, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim. I hereby warrant that I am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
I certify that I am in proper physical condition to participate in the Event. I do not have any existing or pre-existing conditions and am not under the influence of alcohol or any illicit or prescription drugs which would impair my ability to safely participate in the Event.
I agree to abide by any decision of a race official relative to any aspect of my participation in the Event, including the right of the official to deny or suspend my participation for any reason whatsoever. I hereby certify I am in good health, and I have trained to run the distance of the race that I am entering. I assume all risks associated with running in the Event, including, but not limited to, falls, contacts with other participants, the effects of the weather, including high heat and/or humidity, conditions of the trails/roads, all such risks being known and appreciated by me. I grant permission to all of the foregoing to use any photographs, motion pictures, recordings, or any other record of this for any legitimate purpose.
I understand that if the race cannot be held on the scheduled race date due to circumstances beyond the control of the Event Organizer, including, but not limited to, unsafe weather conditions or governmental ban, the race will be cancelled and will not be rescheduled for another date this year. Since the majority of costs occur prior to the Event, my entry fee will not be refunded.
In the event of an illness, injury or medical emergency arising during the Event I hereby authorize and give my consent to the Event Director to secure from any accredited hospital, clinic and/ or physician any treatment deemed necessary for my immediate care. I agree that I will be fully responsible for payment of any and all medical services and treatment rendered to me including but not limited to medical transport, medications, treatment and hospitalization.
If any claim for my personal injury, property damage, and/or wrongful death is commenced against the Releasees, I shall defend, indemnify, and save harmless the Releasees from any and all actions, causes of action, suits, damages, judgments, claims, and demands.
I acknowledge and accept the risks associated with running and I assume responsibility for all risks resulting from my participation in the Event.
I acknowledge that my participation in the Event is voluntary. I may stop and withdraw from the Event at any time.
I acknowledge that I am fully advised of the dangers of participating in this Event and/or related activities and sign this Agreement freely and voluntarily.
I acknowledge that I am voluntarily giving up substantial legal rights by signing this Agreement, including the right to sue.
IF I AM SIGNING ON BEHALF OF MINOR PARTICIPANTS:
I assume responsibility for all risks to the minor participant named below resulting from participation in the Event.
I certify that the minor participant named below is in proper physical condition to participate in the Event and does not have a condition which would impair the minor participant’s ability to safely participate in the Event.
If any claim for personal injury, property damage, and/or wrongful death is commenced on behalf of the minor participant named below against the Releasees, I shall defend, indemnify, and save harmless the Releasees from any and all actions, causes of action, suits, damages, judgments, claims, and demands.
