RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT

for

Mud Girl

PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING IT, YOU ARE GIVING UP LEGAL RIGHTS.

This Release, Waiver of Liability Assumption of Risk and Agreement (“Agreement”) is entered into by me on the

date this Agreement was electronically executed by me.

 

RECITALS
 

WHEREAS, Sportera Events USA, Inc. (“Sportera”) has created a race known as the MUD GIRL race (“Event’); and

 

WHEREAS, Sportera has leased the premises for the Event (“Premises”), from Everett A. Cummings Event Center, 6130 E Mt Morris Rd, Mt Morris, MI 48458 (“Owner”), to perform event promotion and organization; and 

 

WHEREAS, Sportera has allowed me to compete in the Event in exchange for signing this Agreement and paying certain consideration; and

 

WHEREAS, I am an Invitee of the Owner invited onto the Premises for the Event; and

 

WHEREAS, Sportera, and Owner have allowed me on to the Premises to compete in the Event under the terms and conditions set forth herein.

 

 

TERMS AND CONDITIONS  

In consideration for being provided access to the Premises and being permitted to compete in the Event, I hereby stipulate and agree:  

1.     INCORPORATION.  The Recitals are incorporated as if fully set forth herein.

2.     USE OF PREMISES.  I understand and agree that I may only use the Premises for the purposes indicated by Sportera, Owner, and Contractor set forth in this Agreement on or at the days and times agreed to by Sportera, Owner, and Contractor. I further agree that I am responsible for the proper use and care of the Premises and any of Sportera’s, Owner’s, or Contractor’s property thereon, and that I will be liable for the replacement cost of any Owner property which is damaged, destroyed, or lost.

3.     NOTICE OF SPECIFIC RISKS.  I acknowledge and agree that I am aware of all open and obvious risks of entering the Premises. I acknowledge and agree that the Event is a test of my physical and mental limits and an INHERENTLY DANGEROUS ACTIVITY that presents extreme obstacles, including, but not limited to, FIRE, MUD PITS, BARBED WIRE, SLIDES, CARGO NETS, HEIGHTS, CLIMBING, JUMPING INTO WATER, WATER CROSSINGS, SWIMMING, STEEP HILLS AND/OR UNEVEN TERRAIN. I acknowledge and agree that some of the Event course or obstacles may go through water that has not been treated for chemicals, disease or contamination and that the Event course may contain wild animals, insects, and plants which may be dangerous or poisonous. I represent that I understand the nature of the Event and that I am qualified, in good health, and in proper physical condition to participate in such activities. I acknowledge that if I believe event conditions are unsafe for me, I will immediately discontinue participation in the Event. I acknowledge and agree that I have been provided notice of the following specific risks: (1) OBSTACLES ON THE COURSE; (2) OBSTACLES MAY BE SLIPPERY WHEN WET OR MUDDY; (3) CARGO NETS POSE RISK OF FALLING; (4) STACKS OF TIRES POSE RISKS OF FALLING OR TRIPPING HAZARDS; (5) TUNNELS MAY BECOME IMPASSABLE; (6) CLIMBING WALLS MAY BECOME SLICK WHEN WET OR MUDDY; (7) UNDERLYING CONDITIONS OF THE GROUNDS; (8) EFFECTS OF WEATHER, INCLUDING, BUT NOT LIMITED TO, HEAT AND/OR HUMIDITY. I acknowledge and agree that, in addition to the foregoing specific risks, I acknowledge the existence of and agree I have been provided notice of all obvious risks of participation in an Event which includes (a) obstacles designed to be dangerous to climb or maneuver through as well as (b) other participants not under the control of Sportera, Contractor or Owner. I acknowledge and agree that I have no diminished physical capacity. I acknowledge and agree that my current health status does not pose any increased risk of participating in the Event. I acknowledge and agree that any lapse in my own awareness, attention, and skills increase risk of injury.

4.     ASSUMPTION OF RISK.  I understand and acknowledge that the Event is inherently dangerous and may involve the risk that I will sustain serious injury, temporary or permanent disability, death, and/or property damage. I understand that the activities that take place on the Premises may not be supervised and that Sportera, the Owner of the Premises, and the Contractor can provide only limited emergency medical services. I further acknowledge and agree that any injury I may sustain while on the Premises may be compounded by negligent or delayed medical service.  I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF AND PARTICPATION IN THE EVENT ON THE PREMISES, INCLUDING BUT NOT LIMITED TO THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE.  I ALSO UNDERSTAND THAT RISKS SET FORTH IN THE NOTICE OF SPECIFIC RISKS ARE JUST SOME OF THE RISKS, AND I AGREE TO ASSUME OTHERS THAT ARE NOT MENTIONED IN THIS DOCUMENT.  I AM NOT RELYING ON SPORTERA, CONTRACTOR, OR OWNER TO LIST ALL POSSIBLE RISKS RELATED TO THE EVENT IN THIS DOCUMENT OR AT ANY TIME.

5.     RELEASE FROM LIABILITY.  I HEREBY AGREE, ON BEHALF OF MYSELF, MY SPOUSE (IF ANY), MINOR CHILDREN, LEGAL WARDS, PARENTS, HEIRS, AND MY PERSONAL REPRESENTATIVES, TO FULLY AND FOREVER DISCHARGE AND RELEASE SPORTERA, OWNER, CONTRACTOR AND THEIR AFFILIATES, OWNER OF PREMESIS ON WHICH THE EVENT IS TAKING PLACE,AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, PARTNERS, AGENTS, OPERATORS, MANAGERS, EMPLOYEES, AND REPRESENTATIVES (“RELEASED PARTIES”) FROM ANY AND ALL CLAIMS I MAY HAVE OR HEREINAFTER HAVE FOR ANY INJURY, TEMPORARY OR PERMANENT DISABILITY, DEATH, WRONGFUL DEATH, MENTAL ANGUISH, DAMAGES, LIABILITIES, EXPENSES AND/OR CAUSES OF ACTION, NOW KNOWN OR HEREINAFTER KNOWN IN ANY JURISDICTION IN THE WORLD, ATTRIBUTABLE OR RELATING IN ANY MANNER TO MY ENTRY UPON AND USE OF THE PREMISES, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES, OR ANY OF THE AFFILIATES OF THE RELEASED PARTIES OR BY ANY OTHER REASON. I ACKNOWLEDGE AND AGREE THAT THIS RELEASE FROM LIABILITY IS INTENDED TO BE, AND IS, A COMPLETE RELEASE OF ANY RESPONSIBILITY OF THE RELEASED PARTIES FOR ANY AND ALL PERSONAL INJURIES, TEMPORARY OR PERMANENT DISABILITY, DEATH, WRONGFUL DEATH, AND/OR PROPERTY DAMAGE SUSTAINED BY ME WHILE ON OR USING THE PREMISES AND/OR CAUSED BY OR RELATED TO THE EVENT.

6.     NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OR RELEASE FOR GROSS NEGLIGENCE, INTENTIONAL CONDUCT, OR RECKLESS CONDUCT.

7.     RESPONSIBILITY FOR PERSONAL PROPERTY.  I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring onto the Premises and that Sportera, Owner, and Contractor will not be responsible for or provide any security for my property and personal belongings.

8.     NO REPRESENTATIONS BY SPORTERA, OWNER AND CONTRACTOR.  I acknowledge that Sportera, Owner, and Contractor have made no representation as to the condition of the Premises or the safety of any structures or equipment that may be used at the Premises. I accept and shall use the Premises in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by Sportera, Owner, or Contractor or Sportera’s, Owner’s, or Contractor’s employees, agents, or representatives regarding this Agreement or the Premises, except to the extent such representations are expressly set forth in this Agreement.  

9.     ABILITY LEVEL.  I represent and warrant that I have a high level of athletic ability and have reviewed the documentation available from Sportera regarding what the event entails.  I represent and warrant that I have the athletic ability to successfully participate in the event without risk to myself or other competitors.  I represent and warrant that I, or the minor I am signing on behalf of, am at least seven (7) years old and four (4) feet tall.

10.  Governing Law and Venue.  This Agreement will be governed by and interpreted in accordance with the laws of the State of the Venue, without giving effect to the principles of conflicts of law of such state.  I agree that any action arising out of this Agreement or the Event must be brought exclusively in any state or federal court located in the state and county of the venue declared in the recital.

11.  Waiver.  No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.

12.  Survival.  Any provision of this Agreement providing for performance by either party after termination of this Agreement shall survive such termination and shall continue to be effective and enforceable.

13.  Compliance with Laws.  In the performance of the terms of this Agreement and use of the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations. 

14.  Severability.  If any provision or portion of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect. 

15.  Entire Agreement; Modification; Binding Effect.  This Agreement is the entire Agreement between the parties with respect to the subject matter hereof and supersedes any prior Agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this Agreement shall be valid unless in writing and signed by authorized representatives of the parties. This Agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.

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PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING IT, YOU ARE GIVING UP LEGAL RIGHTS 

IDENTITY AND Publicity Release

This Publicity Release (“Release”) is entered into by me on the date indicated in the signature block of this Agreement.

RECITALS

WHEREAS, Sportera Events USA, Inc. (“Sportera”) has created a race known as the MUD GIRL race (“Event’); and

WHEREAS, Sportera has allowed you to compete in the Event in exchange for signing this Agreement and paying certain cash consideration.

 

TERMS AND CONDITIONS

1. Representations and Warranties. I represent and warrant that:
   1. This Release, when signed by me, and all provisions contained herein, will be fully binding on me;
   2. I am at least 18 years of age of the parent or guardian legally authorized to consent to this Release; and
   3. I currently have the legal right and capacity to execute this Release.
2. Grant of Rights to Use Name, Likeness, etc. I hereby irrevocably grant permission to Sportera  and each of its affiliates and subsidiaries, the successors of each of the foregoing, and each of their respective agents, licensees, and assigns (collectively, the “Licensees”), in perpetuity, a worldwide, non-exclusive, royalty-free, fully paid up license to use in any manner and for any purpose (including without limitation reproduction, display, exhibition, publication, broadcast, and distribution) my name, image, nickname, initials, symbols, likeness, signature, photograph, portrait, voice, statements, biographical material, and any and all attributes of my personality and appearance (collectively, my “Identity”) in materials created in connection with MUD GIRL marketing or any other Sportera marketing campaigns (collectively, the “Materials”), alone or with other materials, in any and all manner and media now known or hereafter devised, including without limitation on websites owned by or affiliated with the Licensees, on third-party websites, in social media channels, and in public relations materials.
3. No Obligation to Use Materials; No Further Approval Required. I acknowledge that the Licensees have no obligation to use the Materials or my Identity. I agree no further approval is required for the Licensees to use any Materials or my Identity and that the Licensees will not be liable to me for any distortion or illusionary effect resulting from the exhibition, publication or broadcast of the Materials or my Identity. I acknowledge that all right, title, and interest in and to the Materials, including without limitation all copyrights and trademark rights, shall be the sole and exclusive property of Sportera and that Sportera Events USA has the unlimited right throughout the universe to edit, modify, and otherwise use such Materials.
4. No Further Consideration Required. I acknowledge and agree that no further payment or consideration will be due to me for Sportera to use of the Materials or my Identity as authorized by this Release.
5. Release. With regard to the Licensees’ exploitation of the rights granted hereunder (including, without limitation, the use of the Materials or my Identity in any advertising, promotional, or marketing materials), I, on behalf of myself and my heirs, executors, administrators and assigns, hereby irrevocably (a) release, discharge and waive all claims, demands, losses and liabilities of any nature against the Licensees that I, my heirs, executors, administrators and assigns had, now have, or hereafter may have, including, but not limited to, claims in the nature of copyright infringement, defamation, disparagement, slander, false light, violation of the right of privacy or publicity, or the like, and (b) covenant not to make any claims against any of the Licensees.
6. Governing Law, Venue, and Jurisdiction. This Release shall be governed by and interpreted in all respects in accordance with the substantive laws of the state of Michigan, without regard to its choice of law and/or conflicts of law principles. I irrevocably agree that any disputes directly or indirectly arising out of or relating to this Release shall be resolved exclusively in the state or federal courts located in Genesee County, MI. I here by irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.
7. Severability. If any provision or portion of this Agreement is found to be invalid, illegal, or unenforceable under applicable law, including but not limited to any provision that attempts to waive or limit liability in a manner inconsistent with governing state law, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if not possible, shall be severed from this Agreement. The remaining provisions shall continue in full force and effect and shall not be affected or impaired by such modification or severance. It is the express intent of the parties that this Agreement be interpreted and enforced to the fullest extent permitted by law in each jurisdiction where it is presented.
   
8. Miscellaneous. If any provision of this Release is determined to be invalid by a court of competent jurisdiction, such determination shall in no way affect the validity or enforceability of any other provision herein. This Release sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior or contemporaneous oral and/or written representations, discussions, negotiations, understandings, and/or agreements relating to the subject matter hereof. This Release may not be modified except by an instrument in writing signed by both parties. In signing this Release, I am not relying on any promises, representations or other statements that are not contained in this Release.

 

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date executed by me.

 

I REPRESENT EACH OF THE FOLLOWING:

 

• I AM AT OR OVER 18 YEARS OF AGE OR AM THE PARENT OR GUARDIAN OF A MINOR UNDER THE AGE OF 18 WITH LEGAL AUTHORITY TO SIGN THIS DOCUMENT ;
• I AM OF SOUND MIND AND AM NOT SUFFERING FROM SHOCK OR UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR INTOXICANTS THAT AFFECT MY ABILITY TO READ AND UNDERSTAND THIS DOCUMENT ;
• I HAVE READ THIS ENTIRE DOCUMENT (ALL PAGES), AND I FULLY UNDERSTAND IT;
• I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT.
• I INTEND FOR THIS DOCUMENT TO BE VALID AND BINDING TODAY AND AT ALL TIMES IN THE FUTURE ;
• BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY DAMAGED BY PARTICIPATION OF MYSELF AND/OR MY MINOR CHILD/REN IN ANY OF THE ACTIVITIES, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO BRING A LAWSUIT AGAINST ANY OR ALL OF THE RELEASED PARTIES;
• I UNDERSTAND THAT BY SIGNING THIS DOCUMENT, I AM GIVING UP LEGAL RIGHTS; AND
• ALL OF THE INFORMATION THAT I HAVE PROVIDED IS TRUE AND ACCURATE.