READ THIS WAIVER CAREFULLY BEFORE SIGNING AS IT WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING A FUTURE LAWSUIT OR BE COMPENSATED IN ANY WAY.
I, individually, (and/or as a parent or guardian of named minor) on behalf of myself, spouse, heirs, estate, and assigns for and in consideration of acceptance of this entry in the Southern Grit (herein after called EVENT) do hereby relinquish, release, remiss, waive and forever discharge the EVENT, which collectively includes the race management (race director(s), assistant race director(s), staff, anyone providing therapy and/or medical assistance), Rousey Family Trust, Universal Guaranty Life Insurance Company, Good Endurance, Good Times Event Services, Ultranaut Running, Bluegrass Endurance L.L.C, USATF,Dr Jeff Golden MD and Other Medical Staff, Sponsors, or those employed by and/or associated with any of the herein named entities, the photographers (including the use of aerial drones), the food service providers, and any other non-running activities, any speakers, promoters, consultants, exhibitors, volunteers, anyone else participating in this event, anyone else not participating in this event but that might be involved, whether utilizing the same course or not, and any other supporting groups of this event (whether named or not), together with all their officers, agents, official employees, from any and all liability, claims, demands, actions and causes of action whatsoever arising out of, or relating to injury of any sort, illness, loss or damage, including death, whether immediate or delayed, relating to my participation in or as a result of EVENT.
I understand that there are awards, prize money, and/or other merchandise/items I may receive as a result of agreeing to and/or paying to participate in EVENT. If I don’t receive any or all of these items for any reason whatsoever, or they are not to my satisfaction, I will hold harmless and indemnify EVENT.
I understand that this is a potentially dangerous event and that there are serious inherent risks that may result from engaging in activities associated with this EVENT. These risks include (but are not limited to) exposure to potentially fatal sicknesses, communicable diseases, lightning, flying/falling objects, flooding, unpredictable terrain, etc, that may result in significant property damage and/or bodily harm and possibly death, even possibly as a direct or indirect result of the actions (whether knowingly or unknowingly) of EVENT. I choose to voluntarily expose my property and myself to these risks and accept complete responsibility for my fate and that of my property, including the risk of injury, death or property damage. I further assert that I am in proper physical condition to participate in EVENT. I agree to pay for all my medical and emergency expenses, regardless of whether I have authorized such expenses or not.
I agree to be responsible and liable for my own actions and any damage I might cause (either intentionally or unintentionally) to other persons, entities, or their property. By signing this waiver and participating in the event, I will also assume all liability and responsibility for my pacer(s) and any other support personnel I have, at all times during the event. Furthermore, I will indemnify and hold harmless all those parties identified in the first paragraph regarding any pacers or any other support staff, family, friends, etc, that are here to assist and/or support me from any and all losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including attorney’s fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my participation in the EVENT.
I further acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring to the EVENT and that the parties identified in the first paragraph above will not be responsible for or provide any security for my property and personal belongings.
I further agree that my participation in this event requires that I will not participate with dogs, bicycles (excluding volunteers), other mechanical devices or aids (trekking poles are allowed if used safely and with extreme caution around others), or anything which the race management deems dangerous to me or other participants, owners, or users of the trail system upon which this event is held, or may give me an unfair advantage, and that the race management may remove me from this event for a violation of said policy.
I understand and accept that while reasonable effort has been made to ensure the distance and accuracy of the course and/or the time(s) given for me to complete sections of or the entire course, there may be errors and/or inaccuracies. I agree to indemnify and hold harmless all those who might have been involved and/or are responsible for all matters regarding this.
I further grant permission to this race and the organization(s) conducting the race and/or agents authorized by them to use any photographs, photographic likeness, videotapes, motion picture recordings and any other record of this event, including my name (or that of named minor) in all forms and media for advertising, trade, and any other lawful purposes, and without any remuneration or credit.
I also agree that if EVENT is canceled for any reason or cause whatsoever (whether acceptable or not), that all entry/processing fees, taxes, and any other monies paid (including purchases and donations) and other forms of compensation, are not refundable or transferable, and that my registration cannot be rolled/deferred. I further agree not to initiate or be a part of any chargeback of any sort for any monies I have paid. Additionally, if there are any charge backs or refunds made on my behalf (whether initiated by me or someone else), I agree to immediately remove the chargeback and to immediately reimburse any and all expenses incurred by EVENT as a result. This includes time spent, legal fees and all other expenses to the maximum extent allowed by law. I further agree to hold harmless, indemnify, and defend all those associated with EVENT in this matter.
I understand that the race management reserves the right to deny entry to anyone not demonstrating an appropriate background in endurance activities which would not allow them to complete the race in a safe and timely manner. I also understand and agree that my participation in any capacity is at the will of the race management and that they can revoke it at any time as they choose without any recourse on my part. This includes them determining that I should not continue in the EVENT for any reason they may have, whether acceptable or not, including not being able to finish within the time allocated.
All of the conditions and limitations herein identified extend to any hereinafter named minor. Entrants under 18 years of age must have this Liability Waiver signed by themselves and their legal guardian.
I, individually, (and/or as a parent or guardian of named minor), for and in consideration of acceptance of this entry into the aforementioned event (in any form of participation), covenant not to sue or take any other action, legal or otherwise, and do hereby release, remiss, waive and forever discharge any and all recourse against anyone for anything that might happen to me or any of my personal property, vehicles, or anything else in which I have any interest. I understand the dangers and risks associated with my participation in this event, completely and wholly accept all responsibility for anything that might happen to me or that I might cause to happen to others or their property. I further direct that all provisions of this entire waiver and the dismissal of any rights to recover for injury or death apply to any and all my heirs, beneficiaries, estate, assigns, and any other party that may have an interest.
I agree, for myself and all my heirs, not to sue the parties identified in the first paragraph above or initiate or assist in the prosecution of any claim for damages or cause of action against those said parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while at or participating in the EVENT. However, I agree that this Liability Waiver shall be governed by and interpreted in accordance with the laws of the Commonwealth of Kentucky. I further agree that should any legal proceedings take place arising out of this Liability Waiver, said proceedings must be brought exclusively in any state or federal court located in the county of the EVENT. If any provision of this Liability Waiver shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Liability Waiver and shall not affect the validity and enforceability of any remaining provisions.
I certify that I have read this entire Liability Waiver and understand that by signing it, I give up all my rights (and those of the herein named minor, if applicable) as specified herein and agree to be responsible for and pay for all costs as stated herein, and to forever be bound by this Waiver.