BATTLE BORN TRAIL RUN
PARTICIPANT ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS AND LIABILITY RELEASE AND INDEMNITY AGREEMENT
In consideration of the services of Rocky Road Adventures, LLC, its members, officers, directors, employees, independent contractors, agents, affiliated clubs and all volunteers (collectively referred to as the Organizers) assisting in the Battle Born Trail Run (the “BB Trail Run”) the undersigned (referred to herein as the “Participant” which term shall include the parents or legal guardian(s) of any person who has not attained the age of majority under the laws of the State of Nevada as of the date of the BB Trail Run), hereby acknowledges, agrees and consents as follows:
1. 1.The Participant shares the responsibility for his or her own safety, for managing the risks, and for determining the Participant’s suitability to participate in the BB Trail Run.
2. In consideration of the acceptance of my application for entry or participation as a volunteer in this Event by one or more Releasees, I hereby freely agree to and make the following contractual representations and agreements.
3. The Participant has accurately completed any and all required application or medical forms required and provided by the Organizers.
4. The Participant agrees to obey all of the Organizers’ rules, regulations and policies.
5. The Participant has no mental or physical problems or limitations that might affect the Participant’s ability to take part in the BB Trail Run which have not been disclosed to the Organizers in writing.
6. The Participant has had the opportunity to ask questions about the BB Trail Run and the risks associated with it.
7. The Participant understands and acknowledges that the BB Trail Run has risks and may be physically strenuous. It is impossible to anticipate every activity in which the Participant will engage. The Organizers have drawn to the Participant’s attention the fact that the BB Trail Run will take place entirely in the outdoors in a natural environment which may entail hidden or unknown risks or dangers to the personal safety of the Participant and for which the Participant shall assume sole responsibility for gauging such risks or dangers and determining the appropriate method of proceeding with the activities of the BB Trail Run. The Organizers have also stated that it is impossible to know or list every risk associated with participation in the BB Trail Run, which may include but are not limited to: unpredictable or harsh weather, earthquakes, lightning, exposure to extreme temperatures, exposure to altitude changes, avalanches and rock falls, rapidly moving water, drowning, wild animals and marine life, disease carrying or poisonous plants, insects, animals and marine life, improper or malfunctioning equipment, slipping, falling, being struck by objects or persons, risks caused or complicated by any mental, physical or emotional conditions which any participant may have, being separated from other participants or Organizers for extended periods of time, physical contact with other participants or Organizers. All of these risks are inherent in the BB Trail Run, which means that they cannot be changed or eliminated without altering the essential elements of the activity undertaken by the Participant.
8. The Participant acknowledges that participating in the BB Trail Run involves inherent risks and other risks, hazards and dangers including some not listed above that can cause or lead to death, injury, illness, property damage, mental or emotional trauma, or disability. Furthermore, activities may take place several hours from any medical facility or where communication, transportation or evacuation is subject to delay. The Participant therefore acknowledges that the Organizers cannot ensure the Participant’s safety and do not seek to eliminate all of these risks, in part, because they facilitate the objects of the BB Trail Run. I agree to assume all of the risks of the BB Trail Run, whether inherent or not and whether described above or not.
9. I know that this BB Trail Run, which takes place in the daylight, is held on open roads, back-country roads and trails, and is a potentially hazardous activity. I voluntarily assume full and complete responsibility for all risks associated with participating in the BB Trail Run and for any injury or accident that may occur during my participation in this BB Trail Run, including by way of example and not limitation: wildlife attacks (such as rattlesnakes, coyotes, mountain loins, etc), illness; traveling to and from the event; falls; collisions with pedestrians, vehicles, other participants, and fixed or moving objects; the effects of weather, including temperature extremes and humidity; traffic accidents; the negligence of myself and/or others, including Organizers; and road conditions, including darkness and surface conditions such as pot holes. I am aware of and appreciate all of these risks. I understand that both vehicle traffic and spectators will be present along the race course and that police protection will not be provided. I know that the presence of vehicle traffic during the race presents the risk of motor vehicle accidents involving participants, spectators, and/or other vehicles, and that such accidents can result in death or serious injury.
10. As a condition of my participation, I agree to abide by all traffic and pedestrian laws and regulations and to follow any and all of Organizers, safety instructions, including all rules and conditions set forth in the Race Guide, which is available on the Rocky Road Adventures website, www.rockyroadadventuresnv.com. I understand that my failure to do so may result in serious injury or death and may be grounds for my disqualification from this BB Trail Run.
The Participant hereby forever releases, waives and discharges the Organizers and any and all persons or entities acting under their direction and control (hereinafter called the “Released Parties”) of and from and agree not to pursue any claim or sue the Released Parties or any one or more of them for any liability, claim or expense in any way associated with the Participant’s participation in the Adventure Relay. Neither the Participant nor anyone acting on the Participant’s behalf, including any persons described as entitled claimants under the Family Law Act (Nevada) will make a claim against the Released Parties as a result of any injury, illness, damage, death or loss occurring as a result of participation in the Adventure Relay. This release includes any losses caused or alleged to be caused, in whole or in part, by the negligence, whether active or passive, of the Released Parties to the fullest extent allowed by law (but not for gross negligence) and includes claims for injury, property damage, wrongful death, breach of contract, breach of fiduciary duty or any other cause of action known at law.
The Participant further agrees to defend and indemnify the Released Parties (to pay or reimburse the Released Parties for
any money they are required to pay, including legal fees and costs) with respect to any and all claims brought by or on behalf of the Participant’s participation in the BB Trail Run, including any legal proceedings by or on behalf of any family member, personal representative, estate, co-participant, or any other person for any claims related to the Participant’s participation in the BB Trail Run, including claims that the Organizers were negligent. This indemnity includes payment for lawyer’s fees and costs incurred by the Released Parties in defending a claim or suit if the claim or suit is withdrawn or where a court of competent jurisdiction or an arbitrator determines that the Released Parties are not liable for the injury or loss.
The Participant agrees that the substantive law of the State of Nevada governs this document and any dispute or legal proceeding with the Released Parties. Any mediation, lawsuit, arbitration or proceeding must be filed or entered into only in the State of Nevada.
The assumption of risk, release, indemnity agreement, and all other provisions of this document are intended to be interpreted and enforced to the fullest extent allowed by law. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforce-ability of the remaining provisions, which shall continue in full force and effect. The Organizers have the permission and consent of the Participant to use the Participant’s photo, image or likeness for the purposes of sale, reproduction or any other purpose which the Organizers, in their sole discretion, may deem appropriate, including advertising or display. The Organizers reserve the right to remove any Participant from the BB Trail Run when they believe, in their sole discretion, that the Participant presents a safety concern or medical risk, is disruptive, or acts in any manner detrimental to the BB Trail Run. If the Participant is dismissed or departs for any reason, the Participant will be responsible for any costs of early departure, whether for medical reasons, dismissal, personal emergencies or otherwise.
I HAVE CAREFULLY READ AND UNDERSTAND BATTLE BORN TRAIL RUN “PARTICIPANT ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS AND LIABILITY RELEASE AND INDEMNITY AGREEMENT”, AND VOLUNTARILY SIGN THIS DOCUMENT AS EVIDENCE THERETO. I UNDERSTAND THAT I AM SURRENDERING CERTAIN LEGAL RIGHTS. I AGREE THAT THIS FORM SHALL BE BINDING ON ME, MY MINOR CHILDREN AND OTHER FAMILY MEMBERS, AND MY HEIRS, EXECUTORS, REPRESENTATIVES AND ESTATE. I HEREBY WARRANT THAT I HAVE LEGAL AUTHORITY TO ACT ON BEHALF OF ANY PARTICIPANT WHO IS A MINOR. I AGREE, ON MY OWN, AND ON BEHALF OF ANY PARTICIPANT WHO IS A MINOR UNDER MY CARE AND CONTROL, TO THE TERMS AND CONDITIONS OF THIS DOCUMENT.
I, INDIVIDUALLY AND/OR IN MY CAPACITY AS PARENT/LEGAL GUARDIAN OF PARTICIPANT (AS APPLICABLE), HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT (I) THIS RELEASE ROCKY ROAD ADVENTURES, LLC, FROM ANY AND ALL LIABILITY THAT I, INDIVIDUALLY AND/OR IN MY CAPACITY AS PARENT/LEGAL GUARDIAN OF PARTICIPANT (AS APPLICABLE), MAY HAVE AGAINST ROCKY ROAD ADVENTURES, LLC, AND THE “BB TRAIL RUN” WITH RESPECT TO THE DEATH OR BODILY INJURY TO PARTICIPANT AND/OR DAMAGE TO PARTICPANT’S PERSONAL PROPERTY THAT MAY RESULT FROM PARTICIPANT’S PARTICIPATION IN THE “BB TRAIL RUN”, AND (II) THIS RELEASE EXTENDS TO ALL ACTS OF NEGLIGENCE, WHETHER CAUSED BY OR CONTRIBUTED BY ANY OF ROCKY ROAD ADVNETURES OR OTHERWISE. (Initials)____________
This release is a contract with legal and binding consequences and it applies to all activities relating to the BB Trail Run, located on the race course, exchanges or other race-related venues. I have read this document carefully before signing, and I understand what it means and what I am agreeing to by signing.
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Participant's Name (Print) Participant's Signature Date Date of Birth
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Parent/Guardian's Name (Print) Parent/Guardian Signature Date
(if participant is under the age of 18)
WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19
ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT
In consideration of being allowed to participate on behalf of Rocky Road Adventures, LLC, related events and activities, the undersigned acknowledges, appreciates, and agrees that:
Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Rocky Raod Adventures, LLC, their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Name of participant: ________________
Participant signature:_____________________________
Date signed: ____________________
FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION)
This is to certify that I, as parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law.
Name of parent/guardian: ____________________
Parent guardian/signature:______________________
Date signed: ___________________
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