PARTICIPANT WAIVER:
Must have valid and non-expired driver’s license available at the time of registration or you will not be able to enter race.
WARNING!!
THE LA FLEET WEEK OBSTACLE COURSE, AS WELL AS ITS RELATED ACTIVITIES, CAN BE DANGEROUS, AND THERE ARE RISKS INVOLVED IN YOUR PARTICIPATION. YOU CAN BE SERIOUSLY INJURED OR EVEN KILLED AS A RESULT OF YOUR PARTICIPATION AND ITS RELATED ACTIVITIES.
EXCULPATORY AND ASSUMPTION OF RISK AGREEMENT, RELEASE OF LIABILITY, AND COVENANT
NOT TO SUE.
THIS EXCULPATORY AND ASSUMPTION OF RISK AGREEMENT, RELEASE OF LIABILITY AND COVENANT NOT TO SUE IS A LEGAL DOCUMENT. It is hereinafter referred to as the “Agreement” and is entered into in connection with my participation in the LA Fleet Week Obstacle Course (the “Event”).
I enter into this Agreement on behalf of myself and intend to bind myself, my representatives, assigns, successors, administrators and anyone else claiming by or through me, including but not limited to any representative(s) of my estate to the terms hereof (myself and all of the foregoing being hereinafter referred to collectively as the “Releasors”). I enter into this Agreement, on behalf of myself and the Releasors, expressly for the benefit of Elevated Game LLC., its parents, subsidiaries, members, managers, officers, employees, agents and assigns, as well as Event officials, volunteers, sponsors, advertisers, independent contractors and owners and landlords of the premises on which the Event is run (collectively hereinafter referred to as the “RELEASED PARTIES”).
VOLUNTARY CHOICE
I desire to compete and/or participate in the Event and have decided to do so of my own free will and not due to any inducement or duress whatsoever. I understand that part of the required consideration for being allowed to compete and/or participate in the Event is my entering into this Agreement.
NATURE OF SPORT
I understand that competing and/or participating in the Event, and all its attendant activities, means racing through and negotiating a course of adventure obstacles such as tire lifts, running, pull-ups, pushing and pulling of heavy weights, carrying weight up to 200 lbs, jumping, and other obstacles that can be a DANGEROUS AND CALCULATED RISK activity which can, and sometimes does, result in SERIOUS, PERMANENT BODILY INJURY OR DEATH to its participants. I understand that competing and/or participating in the Event is a very dangerous thing to do and I can be injured or killed, EVEN IF I DO EVERYTHING AS I WAS SUPPOSED TO DO. I am accepting these and all other accompanying risks in order to be allowed to compete and/or participate in the Event.
ASSUMPTION OF RISK
I hereby personally ASSUME ALL RISKS OF ANY NATURE FOR ANY DEATH, INJURY OR OTHER DAMAGES to myself, my property or the property of others which may in any way, whether foreseeable or not, arise out of my participation in the Event, and/or from the actions---specifically including negligent acts or omission---of all persons involved either directly or indirectly in the Event. I KNOW AND FULLY APPRECIATE THAT MY PARTICIPATION IN THE EVENT EXPOSES ME TO RISK OF SERIOUS PERSONAL
INJURY OR DEATH AND VOLUNTARILY ASSUME SUCH RISK.
RELEASE AND WAIVER OF ALL CLAIMS
For valuable consideration, including, but not limited to, the opportunity to compete and/or participate in the Event, I for myself and for the Releasors, HEREBY EXPRESSLY RELEASE, DISCHARGE, HOLD HARMLESS FROM, AND WAIVE ANY AND ALL CLAIMS (INLCUDING BUT NOT LIMITED TO CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY OR DEATH), WHETHER FORESEABLE OR NOT, ARISING FROM NEGLIGENCE, CARELESSNESS, STRICT LIABILITY OR OTHERWISE which I or the Releasors may presently or at any time in the future possess against anyone associated with the Event, including, but not limited to, the RELEASED PARTIES and any other persons or entities with which the RELEASED PARTIES have any connection, that are involved my participation in the Event, or which may presently or in the future arise out of, or in any manner occur in connection with my participation in the Event.
COVENANT NOT TO SUE
I agree never to pursue any claim or institute any lawsuit or action at law or otherwise against any of the RELEASED PARTIES, nor initiate or assist in the prosecution of any claim or cause of action for damages or injury, that I or the Releasors may have either now or at any time in the future, by reason of any loss or injury (including death) to my person or property relating to or arising out of the activities contemplated by or in this Agreement and my participation in the Event.
NOTICE OF THE ENFORCEABILITY AND VALIDITY OF THIS AGREEMENT
I understand and agree that if I, or any of the Releasors, initiates any suit or action at law against any of the RELEASED PARTIES for any loss or injury, no matter how minor or severe, to my person or property, that this Agreement will be used in court. I ALSO UNDERSTAND THAT AGREEMENTS SUCH AS THIS HAVE BEEN UPHELD IN COURT BEFORE IN CONNECTION WITH INJURIES, LOSS AND DEATH ARISING OUT OF PARTICIPATION IN ACTIVITIES SIMILAR TO THE EVENT.
EVENT ACTIVITIES ARE NOT ULTRA HAZARDOUS NOR DO THEY INVOLVE A PUBLIC SERVICE
I hereby affirm that while dangerous and risky, the activities included in the Event and covered by this Agreement are not ultra hazardous activities for which a party may be held strictly liable, nor are they activities that serve the public good or are in the public’s interest. Rather, they are recreational activities in which I am voluntarily participating for my own enjoyment.
USE OF NAME, IMAGE, ETC.
I hereby grant permission to the RELEASED PARTIES to film, videotape and record me, free of charge, as it relates to my attendance at and participation in the Event, and I acknowledge and agree that the RELEASED PARTIES and their representatives shall have the unlimited
right throughout the universe to copyright, use, reuse, publish, republish, broadcast and otherwise distribute all or any portion of the Event in which I may appear on any and all radio, network, cable and local television programs and in any print materials and in any other format or media (including electronic media) no known or hereinafter devised in perpetuity without compensation and free of charge. I hereby agree not to author, photograph, publicize, record, tape, publish, film or in any other way memorialize for profit, gain or publicity any matter related to the Event. I specifically agree to recognize that all rights to promote, license or capitalize on the Event belong solely and exclusively to Elevated Game LLC, sponsors, and the LA Fleet Week Foundation.
ACKNOWLEDGEMENT
I agree that my signature is my acknowledgement of the contents of this Agreement and is my legally binding agreement to, and acceptance of, this Agreement’s provisions. I also acknowledge and agree that my signature and participation in the event constitutes my voluntary agreement to abide by the Event Rules and Regulations, as they exist on the date of the Event, and which may be unilaterally revised or modified by the RELEASED PARTIES in their sole discretion. I WILL NOT AGREE TO THIS DOCUMENT UNLESS I FULLY UNDERSTAND AND AGREE TO BE BOUND BY ITS CONTENTS.
