Terms & Conditions
WARRIOR CHALLENGE RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
Please read and be certain you understand the implications of signing.
Express Assumption of Risk Associated with WARRIOR CHALLENGE, Venue Use and Related Activities.
I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with WARRIOR CHALLENGE. Inherent hazards and risks include but are not limited to:
1. Risk of injury from the activity and equipment utilized is significant including the potential for broken bones, severe injuries to the head, neck, and back or other bodily injuries that my result in permanent disability and death.
2. Possible equipment failure and/or malfunction or misuse of my own or others’ equipment.
3. Variation and/or steepness of terrain, variation or changes in surfaces including but not limited to snow surfaces, ice, sand, bare spots, rocks, stumps, debris, cliffs, trees, fences, posts, trees, light poles, signs, buildings, roads, walkways, ramps, rails, stairs, jumps, padded and non-padded barriers, other persons, and other natural and man-made obstacles.
4. My own negligence and/or the negligence of others, including but not limited to operator error and guide decision making including misjudging terrain, weather, riding surfaces or other obstacles.
5. Exposure to the elements and temperature extremes may result if frost nip, frost bite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration.
6. Dangers associated with exposure to natural elements include but are not limited to avalanche, rock fall, inclement weather, thunder and lighting, severe and or varied wind, temperature and other weather conditions.
7. Accidents or illness occurring in remote places where there are no available medical facilities.
8. Fatigue, exhaustion, chill, and/or dizziness, which may diminish my reaction time and increase the risk of accident.
9. Impact or collision with other athletes, spectators, facility employees, pedestrians, motor vehicles, and cyclists.
10. My own actions or inactions; the actions or inactions of other participants, spectators, other pedestrians; and/or the actions, inactions or negligence of the Released Parties (as defined below).
*I understand the description of these risks is not complete and unknown or unanticipated risks may result in injury, illness, or death.
Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration for being permitted to participate in the above described activity and related activities, I hereby agree, as follows:
1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities (herein referred to as “releasees”) Silent Warrior Fund its employees, officers, all WARRIOR CHALLENGE event sponsors, organizers, promoters, directors, officials, property owners, and advertisers; all other persons or entities involved with WARRIOR CHALLENGE; all state, city, town, county, and other governmental bodies and/or municipal agencies whose property and/or personnel are used and/or who in any way assist with WARRIOR CHALLENGE.
2. To release the releasees, their officers, directors, employees, representatives, agents, and volunteers from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of my engaging in the above activities.
3. I further grant permission to Silent Warrior Fund to use my photograph and/or any other record of my participation in WARRIOR CHALLENGE for any legitimate purpose. I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during WARRIOR CHALLENGE by Silent Warrior Fund, its affiliated entities or contractors, and/or the media become the sole property of Silent Warrior Fund. I grant the right, permission and authority to Silent Warrior Fund to use my name and any such photographs, motion pictures, recordings, and/or likenesses for any legitimate purpose, including but not limited to promoting, advertising, and marketing activities. I further understand that Silent Warrior Fund, as sole owner, has the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses.
4. I understand that participating in WARRIOR CHALLENGE is a hazardous activity. I hereby certify I am in good health and in proper physical condition to participate in WARRIOR CHALLENGE. I am not on any prescribed medications.
5. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.
6. This agreement shall apply to any and all injury, disability, death, or loss or damage to person or property occurring at any time after the execution of this agreement.
7. I hereby represent that I am over the age of 18, or have been granted permission by a parent/guardian, I am legally competent to enter into this agreement and that I have had an opportunity to review same with counsel.
8. In the event of a claim or suit arising out of your participation in WARRIOR CHALLENGE, you agree to venue and jurisdiction in the courts of the State of New Jersey and voluntarily waive any right to trial by jury. In the event your claim or suit is substantially unsuccessful, you agreed to reimburse Silent Warrior Fund for all costs, expenses, and attorney’s fees incurred in the course of defending same from the moment the claim arises.
This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, I FULLY
UNDERSTAND ITS TERMS, I UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.