ASSUMPTION OF RISK, LIABILITY WAIVER, AND INDEMNITY AGREEMENT

READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS

By registering for and participating in any Human Potential Running Series (“HPRS”) event, including 'The Unselfish Ultra', I, the Undersigned, acknowledge and agree to the following: 

Description of the Activities, to be defined as (“Activities”): Trail running, long distance trail running, outdoor running, hiking/walking, but potentially also some level of orientation, and scrambling (technical trails, cliffs, rocks/boulders, and stairs in various states of condition and at various heights). These Activities may include travel in urban environments, with extreme elevation, and ascents and descents of varying grades off and on trails, stairs, paved urban paths, parking lots, and paved roads in various states of condition that may or may not be routinely maintained. Any and all of these Activities could cause and/or result in property damage, personal injury, serious personal injury, and even death.

Voluntary Participation and Assumption of Risks: I understand and agree that my involvement in the Activities and assumption of Risks thereto, listed, inherent, or otherwise, is fully voluntary. I knowingly and freely assume all risks, both known and unknown, even if arising from the negligence of HPRS, land managers, landowners, volunteers, or others, and accept full responsibility for my participation.

I understand that these Activities are inherently dangerous involving risks including, but not limited to, uneven terrain and surfaces, collisions with natural or man-made objects, wildlife encounters, encounters with equestrian traffic, encounters with other humans, mountain bike and e-bike traffic, extreme weather, wildfire, equipment failure, on and off-road vehicular traffic, remote locations, water crossings, drowning, trips, falls, slips, resulting abrasions, cuts and piercing of skin, bruising, pulled muscles, torn ligaments, dislocations, fractures, broken bones, joint soreness or other joint damage, concussions, head injuries, trauma, psychological trauma, paralysis, cardiac episodes, respiratory episodes, sprains and strains, cramps, overexertion, hypothermia or core temperature drop and related dangers, hyperthermia and core temperature increase and related dangers, hyponatremia or dehydration and related dangers, hypernatremia or over-hydration and related dangers, equipment failure, lack of timely medical assistance, and even death (“Risks”). 

Further, as these Activities are engaged in the outdoors, the Activities are subject to and include inherent risks of the unpredictable forces of nature, including, but not limited to, rapidly changing weather conditions, exposure to sun, heat, cold, wind, storms, rain, hail, snow, lightning, wildfire, loose or slippery rocks and surfaces, and other such phenomena and impacts, as well as flora (plants) and fauna (animals) contact, naturally caused and/or occurring obstructions or dangers, that could cause and/or result in property damage, personal injury, serious personal injury, and even death. Releasees are not responsible for the applicable water, land, surface, or weather elements and conditions.

As these Activities may also be engaged in remote places, emergency medical care, evaluation, and the ability to be evacuated and/or rescued could be delayed and have challenges. I agree to assume the risk and waive liability against Releasees for any remote engagement of Activities, Participant’s decision-making, and/or related limitations of medical services and access.  

I understand these risks may cause serious injury, permanent disability, or death. I certify that I am physically fit, sufficiently trained, and medically cleared by a licensed physician to participate. I agree to comply with all event rules, regulations, and instructions, including any mandatory gear requirements as implemented by the Releasees, understanding that these rules, regulations, instructions, and requirements may change at any time.

Gear/Equipment/Instructions: I understand that failure to read, watch, or listen to all race communications regardless of the format(s) communicated through; or failure to follow instructions, warnings, gear lists, requirements or recommendations, etc. could cause and/or result in property damage, personal injury, serious personal injury, and even death. I agree to, assume the risk and waive liability against Releasees for any breakdown in race communications. I also agree to, assume all Risks associated with failure to make good decisions, including failure to use or wear appropriate safety equipment and/or gear, while engaging in the Activities or a related adventure activity.

Alcohol/Drugs: I understand that alcohol and other substances can and will impair judgment and reduce my ability to effectively manage the Risks involved with the Activities. I agree to not consume alcohol and/or drugs during my participation in the Activities. Releasees are not responsible for any injuries or injuries caused to others because of Participant’s impaired mental or physical state, including diminished and limited abilities as a result of use of alcohol and/or other substances. 

Release and Waiver of Liability: In consideration of being allowed to participate and in signing this document, I, on behalf of myself, my heirs, executors, administrators, personal representatives, and assigns, HEREBY WAIVE, RELEASE, AND DISCHARGE ANY AND ALL CLAIMS, LIABILITIES, OR CAUSES OF ACTION, AND AGREE TO NOT SUE, NOR MAKE ANY CLAIMS OR FILE ANY ACTIONS AGAINST:

·       Human Potential LLC (d/b/a Human Potential Running Series) (“HPRS”) and its owners, directors, officers, employees, contractors, agents, and volunteers;

·       John Lacroix and his family, heirs, and dependents;

·       Jefferson County Colorado, Adams County Colorado, Denver County Colorado, the City of Golden, CO, the City of Wheat Ridge, CO, the City of Arvada, CO, the City of Westminster, CO, the City of Lakewood, CO, the City of Denver, CO, RTD-Denver: Regional Transportation District, and any other landowners or jurisdictions involved;

·       RunSignUp, Inc.;

·       Event sponsors and partners, their officers, directors, shareholders, members, agents, and employees;

·       All medical and support personnel, whether paid or volunteer;

for any injury, death, or property damage arising out of or related to my participation in this event, even if caused by their negligence, to the fullest extent permitted by law.

Indemnification: I agree to defend, indemnify, and hold harmless all the above-named parties from any claims, demands, damages, costs, or attorney’s fees arising out of my participation, including claims brought by or on behalf of me or my estate, or other third party, or by others I may injure.

Attorney’s Fees: In the event that there is any litigation emanating out of the Activities and/or to which this Liability Waiver is applicable, then the prevailing party is entitled to have his or her attorney’s fees and costs incurred in that suit paid by the losing party.

Choice of Law, Venue, and Severability: ALL claims arising from or related to the Activities and/or this Liability Waiver shall be governed by the laws of Colorado with venue for any claims to be made in Jefferson County, Colorado. This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall be enforceable.

Media Release: I grant HPRS, its partners, and any media outlets covering the event full permission to use photographs, video, audio, or other recordings of me for any lawful purpose, including promotional or commercial use, without compensation.

Email Consent: I consent to receive pre-race and post-race communications from HPRS at the email address used for registration. I will provide an email that I frequently use and receive email on, and I agree to be responsible for reading, understanding, and agreeing to all content therein. I also consent to receive newsletter communications from HPRS at the same address. I understand I may unsubscribe at any time.

Event Modification or Cancellation (Force Majeure): I understand that the Race Director, local police/fire/EMS, Sheriff’s Department, Land Manager, Land Owner, or County, State, or Federal Government officials may alter, postpone, or cancel the event in circumstances beyond HPRS’s control, including but not limited to: severe weather, fire danger, natural disasters, public health emergencies, war, terrorism, security threats, government shutdown, or permit restrictions. I acknowledge that entry fees are nonrefundable in such circumstances. I understand there is no complimentary entry to future events. I agree to abide by HPRS credit, deferral, and bib transfer policies as posted at https://humanpotentialrunning.com/race-policies.

Binding Effect: This release is intended to be as broad and inclusive as permitted by law and applies to all claims, known or unknown, arising out of participation. If any portion is held invalid, the remainder shall continue in full force and effect.

Acknowledgment of Understanding: By signing this document, I acknowledge that I have carefully read this agreement, fully understand its terms, and voluntarily accept them. I understand I am giving up substantial legal rights, including the right to sue. If this registration is transferred or deferred to another HPRS race, the acceptance of this waiver shall constitute my acceptance of the waiver of the HPRS race that I defer or transfer to. I sign this waiver freely and voluntarily, and it shall be binding upon me, my heirs, and assigns.