ATHLETE’S PARTICIPATION, INDEMNIFICATION & PROPERTY WAIVER AGREEMENT 

I want to participate in the event I have selected as part of the online registration process. In consideration of the Lumberjack World Championships Foundation (“LWCF”) allowing me to attend and participate in lumberjack sports, by electronically indicating my consent below, I agree as follows: 

1. DEFINITIONS. As used herein: (a) the term “Event” means not just the lumberjack sport itself that I have selected, but also those activities sponsored, controlled or organized by the LWCF, which I attend or in which I participate on the day of my event; and (b) the term “Released Parties” means (i) the LWCF, (ii) LWCF’s officers, directors, employees and agents, and (iii) any person LWCF has agreed to indemnify as to claims made by Event participants (such as, but not limited to, owners of the property on which the Event occurs). 

2. MY FITNESS. I represent and warrant that I have sufficient experience with lumberjack sports, and that I have a sufficient level of fitness and health, to participate in the Event. 

3. MY EQUIPMENT. I acknowledge that it is my responsibility to provide, utilize and maintain the equipment and clothing necessary for my safe participation in the Event. 

4. COMPLIANCE WITH RULES. I accept and shall abide by any rules or regulations imposed by the LWCF as to the Event. 

5. INSURANCE. I represent and warrant that I currently have, and shall maintain throughout the time that I train for and compete in the Event, valid and sufficient insurance (be it medical, accident, disability or life insurance) to protect my interests and my family’s interests, or if I do not, that I hereby waive the opportunity to obtain such coverage. I acknowledge the LWCF is not an insurance company, and that no one has represented to me that the LWCF has obtained insurance that would provide coverage to me, if I sustain an injury while participating in the Event. 

6. PROPERTY DAMAGE WAIVER. I alone am responsible for my personal belongings, including breakage or loss of equipment and gear that I bring to the Event. I hereby waive, in advance, all claims for loss, theft or damage to any property owned or controlled by me, that I may in the future have against the Released Parties, relating in any way to the Event and either of the following: (a) my choosing to park any vehicle owned or controlled by me in any areas owned or controlled by LWCF; and (b) my choosing to give possession of any of my personal belongings to any agent or volunteer of LWCF. This waiver, release and discharge of property damage claims includes, but is not limited to, claims arising out of the NEGLIGENCE of the Released Parties. 

7. WHERE DISPUTES WILL BE RESOLVED. Any controversy or claim relating to the enforceability of, or arising out of, this Agreement or the above Assumption of Risk and Waiver of Liability Agreement (collectively, the “Agreements”), or in any way relating to my attendance at or participation in the Event, shall be solely and exclusively resolved in the Circuit Court for Sawyer County, Wisconsin (or, if removable, in the U.S. District Court for the Western District of Wisconsin). I waive any objections I might have to that venue or those courts exercising personal jurisdiction over me.  . I hereby to the fullest extent permitted by applicable law irrevocably WAIVE ANY RIGHT TO TRIAL BY JURY in any legal proceeding arising out of or relating to my participation or attendance at the Event, or arising out of or relating to the enforcement or interpretation of these Agreements.   

8. MY RESPONSIBILITY FOR COSTS AND CLAIMS; INDEMNIFICATION. I agree to be responsible for bearing any and all costs, expenses and damages sustained by me (or sustained by those who depend upon me, or who are responsible for me) that arise out of or relate to any claim released by these Agreements. I hereby agree to HOLD HARMLESS the Released Parties, and to INDEMNIFY the Released Parties (i.e., to reimburse them), from any and all claims, costs, expenses and damages (“Costs”) the Released Parties would otherwise be liable for due to my attendance at or participation in the Event. I further agree hereby to the fullest extent permitted by law to HOLD HARMLESS the Released Parties, and to INDEMNIFY the Released Parties, from any and all Costs the Released Parties sustain due to my attendance at or participation in the Event, which claims are brought by any spouse, child, parent, guardian, heir, representative or assign of mine (including wrongful-death claims, survival claims, loss-of consortium claims, and loss-of-society-and-companionship claims). 

9. APPLICABLE LAW. The internal laws of Wisconsin control the interpretation and enforcement of these Agreements. The parties deem these Agreements to have been entered into in Wisconsin. 

10. MY CHOICES. I enter into these Agreements by my own free will, and acknowledge that I have choices relating to participating or not participating in this Event. I acknowledge that if I do not want to accept the terms offered in these Agreements, I can choose to forgo participating in this Event. 

11. MEDIA CONSENT. I hereby grant LWCF the right and permission (a) to use and authorize others to use photographs and video of me, and audio of my voice, and to modify such photographs, video and audio, for illustration, promotion or advertising purposes through all mediums including online/digital, broadcast, social media, print, and other mediums; (b) to contact me for marketing purposes at my email address; and (c) to contact me on my provided cell number via text or SMS messaging. 

12. MEDICAL EMERGENCIES. If I experience a medical emergency, I authorize the LWCF and its agents to provide or authorize at my expense medical treatment and/or transport, to contact the emergency contact person I identify as part of this registration process, and to disclose to my emergency contact person or other family members whatever information (including confidential medical information) the LWCF in its discretion chooses to disclose. 

13. TRUTH OF MY STATEMENTS. I represent and warrant that I have read both of these Agreements, and understand them, and that the information I am providing as part of this online registration process is true. 

14. BINDING EFFECT. I make these Agreements on behalf of, and intend these Agreements to be binding upon, both myself, and my heirs, representatives, successors and assigns. 

15. SEVERABILITY. These Agreements are intended to be as broad and inclusive as permitted by Wisconsin law, and if any portion of these Agreements are held invalid, I agree that the balance shall, notwithstanding, continue in full legal force and effect. 

16. ENTIRE AGREEMENT. As to any claim arising out of or related to my attendance or participation in the Event, these Agreements collectively: (a) supersede any previous oral or written promises, understandings, negotiations or agreements; and (b) are not the result of or modified by any oral representations or statements of any agent or employee of LWCF. These Agreements contain the only agreements between the parties regarding the Event. 

17. MODIFICATION. These Agreements may only be modified or terminated in a written document signed by myself and an officer of the LWCF. 

18. CONTRACTING ON BEHALF OF MYSELF AND OTHERS. The LWCF permits a registrant to register for an event, and at the same time register another participant for an event. When a registrant is registering multiple participants (including the registrant), the registrant is asked to agree on behalf of the registrant, and to agree separately on behalf of each other participant being registered. If I (the person electronically expressing agreement below) am registering now myself and one or more other participants, then: (a) by checking the below box relating to me, I thereby enter into this Agreement on my own behalf relating to my participation; and (b) by checking the below box(es) relating to each of the other participant(s), I thereby enter into this Agreement on behalf of each of those other participants.   

19. CONTRACTING ON BEHALF OF A MINOR. If a participant identified below is currently a minor, I (the person expressing electronic agreement below) represent that I am the parent or legal guardian of the minor, and that I have the authority to enter into all of the above terms of this Agreement on the minor’s behalf. By checking the below box(es), I am entering into this Agreement on the minor’s behalf. Additionally, by checking the below box(es), I agree to indemnify the Released Parties in the event any representation I make herein is untrue. 

20.  OTHERWISE NOT CONTRACTING ON BEHALF OF ANYONE OTHER THAN MYSELF. While an appropriate adult may enter into these Agreements on behalf of a minor, the ABSF does not permit anyone to enter into these Agreements on behalf of another adult; as such, I hereby represent that I am not (by electronically indicating my consent to either of these Agreements) attempting to contract for anyone other than myself (if I am the participant), or a minor (if a minor is the participant I am contracting for). If this representation is false, I agree to indemnify the Released Parties as to any claims or damages any of the Released Parties may experience or sustain due to the falsity of this representation.  

21. MY RELATED ACKNOWLEDGMENTS. I further acknowledge and represent that I understand that expressing my consent to this Agreement online and through an electronic method is just as binding as if my consent was expressed on paper and through an ink signature, and that where it says below “Waiver Agreement” that refers to this entire Athlete’s Participation, Indemnification & Property Waiver Agreement. 

By checking the below box(es), I am entering into this Agreement on the third party’s behalf, with that party’s express consent and full authority. Additionally, by checking the below box(es), I agree to indemnify the Released Parties in the event any representation I make herein is untrue. 

PLEASE READ ALL OF THE ABOVE PARAGRAPHS, WHICH COVER IMPORTANT LEGAL ISSUES, BEFORE YOU INDICATE YOU AGREE TO IT