Texas Warrior Mudout Waiver
WAIVER AND RELEASE OF CLAIMS, ASSUMPTION OF RISK, AND WARNING OF RISK
My agreement to the terms of this Waiver of Liability and Release is being provided in consideration of Be the Change Permian basin in the “Event” Texas Warrior Mudout, permitting me, or a minor for whom I am the parent or legal guardian, to participate in the event.
If I am signing this Waiver and Release of Liability on behalf of a minor, I hereby certify to Be the Change Permian basin that I am the parent or legal guardian of such minor with the legal authority to sign the Waiver and Release of Liability on behalf of such minor, and then such event references below to “I” or “me” include such minor unless the context clearly indicates otherwise
1. I acknowledge and agree that participation in the event is voluntary.
2. I agree not to participate in the event unless I am physically and medically able to do so.
3. I agree not to consume alcohol or does any medications or substances prior to the event that may inhibit my mental or physical ability to safely and effectively participate in the event.
4. I agree to comply with any stated terms or directions for participating in the event and agree that any decision of an event official regarding the event is final.
5. I acknowledge and agree that participation in the event presents extreme obstacles, including but not limited to difficult climbs, mud pits, water obstacles, and hills; that the event requires extreme feats of a person's physical and mental limits; and that the event carries with it the potential for serious injury, including death, and property loss.
6. I ASSUME ALL RISKS associated with participating in the event, both known and unknown, even if arising from the negligence of the releasees (as defined below) or others. These risks include those set forth above and others, including but not limited to falls, contact with other participants, negligent or willful acts of other participants, defects and equipment or in the conditions of the premises, and the effects of the weather, including high heat, humidity, cold, rain and other adverse weather conditions.
7. I HEREBY WAIVE, RELEASE, and FOREVER DISCHARGE Be the Change Permian Basin, and operator, promoter, or sponsor of the event and any owner or landlord of the event advertising or otherwise sponsoring products or services at the event and their parent companies, subsidiaries, other affiliates or assigns, and each of their owners, directors, officers, employees, representatives' agents, volunteers and clubs (the “Releasees”) from, and COVENANT NOT TO SUE, any of the Releasees, any and all claims, losses, costs, expenses, or liabilities (including what is this those involving death, disability, personal injury or property damage) arising out of or relating to my participation in the event, whether caused, in whole or in part, by the SOLE OR CONCURRENT NEGLIGENCE of one or more RELEASEES, the NEGLIGENCE of others (whether active or passive) or the wrongdoing, strict liability or fault of the RELEASEES, to the fullest extent permitted by law.
8. I agree that the releasees are not responsible in any way for any personal item or other property that is lost or stolen at the event, including but not limited to items in the gear check area.
9. I consent two emergency medical care and transportation in order to obtain treatment in the event of injury to me, as medical professionals may deem appropriate. The release in Section 7 above extends to any liability arising out of or in any way connected with medical treatment and transportation provided in the event of an emergency.
10. I agree not to use any wild baby conveyance or other wheeled device of any nature in the race.
11. I acknowledge and agree that no animals are permitted at the event.
12. Acknowledge and agree that all entries are final with no refunds.
WAIVER OF LIABILTY AND RELEASE
13. Acknowledge and agree that the events officials reserve the right to cancel or change the event if and their sole judgment such cancellation or changes necessary or prudent due to emergency, severe weather or local or national disaster, and if there is a cancellation or change no refund of entries will be made.
14. I agree to exhibit appropriate behavior at the events at all times, including obeying all laws. This includes respect for all people, equipment and facilities, and cooperative, positive participation in the event. I acknowledge and agree that I may be dismissed from the event, without a refund, if the sole judgment of the event officials I engage in inappropriate behavior, including but not limited to behavior that endangers the safety of others or effects or reflects of the event in a negative way. I agree to indemnify the releasees from any and all third party claims asserted against him that are caused in whole or in part by my actions.
15. I irrevocably grant permission to Be the Change Permian basin, and its affiliates and assigns, and their owners, directors, officers, employees, agents, volunteers and clubs, to use any photographs, motion pictures, recordings or any other record of the event for any purpose, including but not limited to promoting, advertising and marketing purposes. Any and all photographs, motion pictures, recordings or other records of data event are the sole property of Be the Change Permian Basin.
16. This agreement shall be governed by the internal laws of the State of Texas without regard to principles or conflict of laws. Any legal action or proceeding relating to or arising out of the event of the Waiver and Release of Liability shall be commenced exclusively to the state courts located in Midland County, Texas, or in the United states District Court of the Western District of Texas if subject matter jurisdiction exists. TO THE FULLEST EXTENT PERMITTED BY LAW, I WAIVE THE RIGHT TO TRAIL BY JURY.