WAIVER OF LIABILITY, PARTICIPANT’S WARRANTY, RELEASE, DISCLOSURE AND WARNING OR RISK,
ASSUMPTION OF RISK & INDEMNITY AGREEMENT
RE: “WASON POND POUNDER”, 05/5/2018, An Obstacle Race
It is the purpose of this Waiver of Liability, Participant’s Warranty, Release, Warning of Risk, Assumption of Risk and Indemnity Agreement (hereinafter “Agreement”) to exempt, waive and release Releasees from liability for personal injury, property damage, and wrongful death, including if caused by negligence, including the negligence, if any. “Releasees” including Chester Charitable Foundation, Inc., The State of New Hampshire, TheTown of Chester, New Hampshire, their affiliates, associations, local associations, commissions, departments, event hosts, other participants, officials, sponsors, advertisers, spectators and their directors, officers, agents and employees, if any, and each of them.
I, ______, the undersigned “Participant” or Parent or Guardian of ______, who I am allowing to participate, represent and warrant that I understand that running, and participating in an obstacle course race, is a potentially hazardous activity. I also know I should not enter or run this event unless I a medically able and properly trained, and by participating in this event I am representing and warranting that I am medically able, understand the course, including its length and its obstacles, and am properly trained to participate. I agree to abide by any decision of a race official relative to my ability to safely complete the run either before or during the race.
Participant, (and Participant’s parent(s)/guardian(s) on behalf of their children or ward(s), if applicable) acknowledge(s), understand and knowingly assume all risks relating to running and participating in and obstacle course race; and specifically, understand that injury, including paralysis and death, and damages may arise to myself, my children or ward(s) I am permitting to participate, or others therefrom and that I/we have full knowledge of said risks. These risks and dangers may be caused by the negligence of the Participant or the negligence of others, including the “Releasees.” By initialing below I am stating that I have read, and understand that these risks and dangers include, but are not limited to, those set forth immediately below.
1.____ I understand that entering and participating in the Wason Pond Pounder is a hazardous activity, and that I (or my child)ren) or ward(s)) may suffer injury, or even serious or fatal injury.
2.____ I understand and assume the risk that I (or my child(ren) or ward(s)) may so injure others by participating with other participants, especially younger, slower or smaller participants.
3.____ I understand and assume the risk that I (or my child(ren) or ward(s)), may suffer such an injury, by participating with other participants, especially faster, larger or stronger participants.
4.____ I understand and assume the risk that I (or my child(ren) or ward(s)), may suffer such an injury, by participating with other participants who may engage in negligent, reckless, wanton or even intentional behavior.
5.____ I understand and assume the risk that I (or my child(ren) or ward(s)) may suffer such an injury by running over rough, wooded rocky and hilly terrain.
6.____ I understand and assume the risk that I (or my child(ren) or ward(s)) may suffer such an injury by running in hot, wet foggy, or other adverse weather conditions.
7.____ I understand and assume the risk that I (or my child(ren) or ward(s)) may suffer such an injury by running near vehicular traffic on or near the course.
8.____ I understand and assume the risk that (or my child(ren) or ward(s)) may suffer allergic reactions to environmental conditions, and/or otherwise.
9.____ I understand and assume the risk that (or my child(ren) or ward(s)) may be injured by the presence of animals or insects on or near the course.
10.____I understand and assume the risk that (or my child(ren) or ward(s)) may be injured by the presence of obstacles or defects in the obstacles.
11.____ I understand and assume the risk that (or my child(ren) or ward(s)) may be injured by the presence of ground water and/or obstacles that water that is has not been tested or treated for chemicals or disease.
12.____ I agree not to dive into any mud pit head first.
13.____I agree not to participate unless I am medially able.
14.____ I agree not to consume alcohol prior to participating in the Wason Pond Pounder, or to ingest any medicines or substances that may inhibit my mental or physical ability to safely and effectively participate in the Wason Pond Pounder.
15.____I agree to abide by any decision of any race official relative, including any volunteer observers, to my ability to participate safely in the Wason Pond Pounder.
16.____I agree to obey all civil and criminal laws at all times.
17.____I agree that neither Chester Charitable Foundation, Inc., nor any of its directors, volunteers or agents are responsible for any personal property items that are lost or stolen before, during or after the Wason Pond Pounder.
18.____I agree and shall abide by the rule that no wheeled baby strollers or any kind, or any other wheeled means of conveyance, are allowed in the race.
19.____I agree and shall abide by the rule that no pets are allowed in the race.
20.____I consent for myself, (or on behalf of any child(ren) or ward(s) of mine), to medical treatment and transportation to obtain further treatment in the event of injury as deemed appropriate by medical personnel, and that my release of claims extends to any liability arising out of or related in any way to medical treatment and/or transportation provided to me (or my child(ren) or ward(s).)
21.____ I grant permission to Chester Charitable Foundation, Inc., their agents or appointees to take and use any photographs or videos or any other record of this event for any legal purpose, including but not limited to publication, advertising, promotion, fund-raising, and marketing and that any and all photographs or videos or other recordings and results information belongs solely to Chester Charitable Foundation, Inc.
22.____ I understand that all entries are final, and that the granting of refunds is at the sole discretion of Chester Charitable Foundation, Inc., and not any one individual.
23.____ I shall defend, indemnify and save harmless Releasees from any and all claims or causes of action by whomever or whatever made or presented for Participant’s personal injuries, property damage or wrongful death.
I/we further acknowledge that there may be risks and dangers described throughout this Waiver and Release, including those caused by the negligence of Participant and/or others, are included within the waiver, release and relinquishment described in the preceding paragraph. I/we agree to abide by and be bound under the terms of this Agreement, including but not limited to the Waiver of Claims and Release of Releasees. I/we further understand, acknowledge and assume the risk, if any, arising from the conditions and use of trails, fields, roadways, paths and similar and related premises used for running and/or racing and acknowledge and understand that included within the scope of this Agreement is a waiver and release of any cause of action (including any cause of action based on negligence) arising from the performance, or failure to perform, maintenance, inspection, supervision control of said areas and for the failure to warn of dangerous conditions existing on or at the event or said areas in the vicinity of the event, for negligent selection of certain Releasees, or negligent supervision or instruction by Releasees.
The undersigned Participant’s registration in the Chester Charitable Foundation, Inc. event, “Wason Pond Pounder”, and being allowed to participate in said Chester Charitable Foundation, Inc., event, Participant (and the parent(s) and/or legal guardian(s) of the Participant, if applicable), hereby waive, release and relinquish any and all claims for liability and cause(s) of action, including for personal injury, property damage or wrongful death occurring to Participant, arising out of Participants participation in Chester Charitable Foundation, Inc. events, the sport of running, obstacle course running, and/or activities incidental thereto, whenever or however they occur, and by this Agreement any such claims, rights, and causes of action that Participant, (and Participant’s parent(s) and/or legal guardian(s), if applicable) may have are hereby waived, released and relinquished, and Participant and parent(s)/guardian(s), if applicable does (do) so on behalf of my/our Participant’s heirs, executors, administrators and assigns.
By signing this Agreement I know that my legal rights are affected, and I further understand that I can you may wish to consultant an attorney concerning this Agreement prior to signing it. As a Participant, (and/or as a Participant’s parent(s) or guardian(s) if applicable) agree if any claim for Participant’s personal injury or wrongful death is commenced against Releasees, I/we shall each defend, indemnify and save harmless Releasees from any and all claims or causes of action by whomever or whatever made or presented for Participant’s personal injuries, property damage or wrongful death. Participant (and Participant’s parent(s)/guardian(s), if applicable) acknowledge that they have been provided and have read the above paragraphs and have not relied upon any representation of Releasees, and that they are fully advised of the potential dangers of running, racing and participating in obstacle course racing, and I understand these waivers and releases are necessary to allow the events, including fundraising events of Chester Charitable Foundation, Inc., to exist and/or to occur.
The Laws of New Hampshire shall control this Agreement. To the extent that any part of this Agreement is determined to be unenforceable, the remainder of this Agreement shall nevertheless remain enforceable to the full extent allowed by New Hampshire Law.
This Agreement shall be binding upon my heirs, successors and assigns and anyone else who may claim on behalf of themselves arising out of any harm I may suffer, and/or who may claim through me.
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Participant’s Name (Printed)Participant’s SignatureDate
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Child Name (Printed)
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Parent or Guardian Name (Printed)Parent’s or Guardian’s SignatureDate
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