IN CONSIDERATION of the United States Adventure Racing Association (“USARA”) allowing me to participate in the USARA sanctioned event described above
(the “Event”) as either a member of USARA or through the issuance of a single event license; I, for myself, and on behalf of my spouse, children, parents,
guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the
following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”);
1. I hereby represent that (i) I am in good health and in proper physical condition to participate in the Event; and (ii) I am not under the influence of alcohol or any illicit
or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am
sufficiently fit and healthy enough to participate in the Event.
2. I understand and acknowledge the physical and mental rigors associated with this adventure racing Event, and realize that many elements of this Event are
inherently dangerous and represent 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 death; loss or damage to property; exposure to extreme conditions and
circumstances; contact or collision with other participants, spectators, vehicles or other natural or manmade objects; dangers arising from adverse weather
conditions; imperfect course conditions; water, road 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
negligence 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 the Event.
3. I agree to be familiar with and abide by the Rules and Regulations established for the Event, including but not limited to rules and regulations related to the
Competition, Safety, and the USARA Adventure Racer Code of Ethics. I also accept sole responsibility for my own conduct and actions while participating in the
Event, and the condition and adequacy of my equipment.
4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: USARA, the Event Organizers
and Promoters, Race Directors, Sponsors, Advertisers, Host Cities, Local Organizing Committees, Venues 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 attorneys fees) of any kind or
nature (“Liability”) which may arise out of, result from, or relate to my participation in the Event, including claims for Liability caused in whole or in part by the
negligence 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.
5. I hereby pre-authorize the Event Organizers and their representatives to arrange for emergency medical treatment and/or transport via ambulance or air on my
behalf if medical attention is warranted during my participation in the Event. I understand and agree that I will be responsible for the costs associated with any such
emergency medical care and/or transport arranged on my behalf, and hereby release the Event Organizers from any Liability relating to the cost and provision of any
rescue operations, first aid treatment, medical care, hospital expenses or the medical decisions made at the Event site or elsewhere on my behalf.
I hereby warrant 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 the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives,
executors, administrators, successors and assigns), 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 hereby grant to United States Adventure Racing Association and its assigns (“COMPANY”) the right and permission to use in perpetuity, my name, likeness, image,
voice, recorded voice, appearance, biographical information, statements, performance and/or testimonial(s) (collectively, “Appearance”) in any manner and in any
media, now known or later developed, throughout the world, at any time, for the purpose of advertising and publicizing the COMPANY’s products and services,
without review, permission or compensation of any amount or kind whatsoever. I agree that COMPANY shall have complete ownership of any recording, product,
copy, presentation or other material or file containing or featuring my Appearance (“Product”), including copyright interests, and I acknowledge I have no interest or
ownership in the Product (or any portion thereof) or its copyright. This grant includes without limitation the right for COMPANY to edit, abridge, augment, title, or
create a compilation from my Appearance in whole or part as COMPANY may elect in its sole discretion.