WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE GET STHEALTHY EVENTS, LLC, WESTERN HUNTING SUMMIT, THE EVENT LOCATION, AND OTHER PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
For and in consideration of GET STHEALTHY EVENTS, LLC. (“WESTERN HUNTING SUMMIT”) allowing me, the undersigned, to participate in the event described above (the “Summit” or “Summits”); I, for myself, and on behalf of my spouse, children, guardians, heirs and next of kin, and any legal and, personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”);
1. I hereby represent that (i) I am at least eighteen (18) years of age or older; (ii) or I am under 18 with a legal guardian present (iii) I am in good health and in proper physical condition to participate in the Summit; and (iv) I am not, or will not be, under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Summit. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Summit, that I am responsible for my own safety and well being at all times and under all circumstances while at the Summit site.
2. I understand and acknowledge that participation in any backcountry hiking, running, race walking, cross country, mountain, cross-fit, and trail running during the Summits is inherently dangerous and represents an extreme test of a person’s physical and mental limits. I understand and acknowledge the risks and dangers associated with participation in the Summit and related activities, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, instructors, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect hiking conditions; land, water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Summit Organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”).
I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Summit, or the negligent acts or omissions of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any Summit.
3. I agree to be familiar with and to abide by the Rules and Regulations established for the Summit, for the benefit of all participants. I accept sole responsibility for my own conduct and actions while participating in the Summit, and the condition and adequacy of my equipment.
4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: GET STHEALTHY EVENTS, LLC, WESTERN HUNTING SUMMIT, its members, the Summit Directors, Organizers and Promoters, Sponsors, Advertisers, Educators and Presenters, the Host Organization and the Facility, Venue and Property Owners or Operators upon which the Summit takes place; and each of their\ respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the “Released Parties” or “Summit Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Summit, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim. I hereby warrant that I am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
BY PURCHASING PASSES I CONFIRM THAT I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY PURCHASING PASSES, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.