Waiver and Release Agreement
This Voluntary Waiver and Release Agreement ("Agreement") is hereby executed by the undersigned, or if the undersigned is under the age of 18 years, then the undersigned's parent or legal guardian (together with any heir, successor, representative or assign, collectively as "Participant") in favor and for the sole and exclusive benefit of the Organizers (as defined herein). In connection with Participant's involvement in the ®Bali Ultra Trail occurring on 6-7 June 2020 (the "Event"). Participant hereby certifies, warrants, represents, agrees and covenants to ®Trekka, and any of the respective Event sponsors or promoters (individually and collectively, together with each of their respective affiliates and related entities, and each of their officers, directors, employees, partners, owners, shareholders, members, board members, sponsors, volunteers, contractors, agents, successors and assigns, the "Organizers"), that he/she is:
FREE OF ANY MENTAL OR PHYSICAL CONDITION, AILMENT OR INJURY (MEDICAL OR OTHERWISE) WHICH WOULD, IN AND OF ITSELF OR IN CONJUNCTION WITH ANY OTHER CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO THOSE ACTIVITIES ASSOCIATED WITH THE EVENT, (i) IMPAIR, PREVENT OR PROHIBIT PARTICIPANT FROM ENGAGING IN SUCH EVENT ACTIVITIES OR (ii) BE AFFECTED, AGGRAVATED OR WORSEN IN ANY WAY AS A RESULT, DIRECTLY OR INDIRECTLY, OF PARTICIPANT'S INVOLVEMENT IN SUCH EVENT;
OF SOUND MIND AND BODY AND NOT UNDER THE INFLUENCE OF ALCOHOL OR ANY ILLICIT OR PRESCRIPTION DRUG OR MEDICATION WHICH MAY IN ANY WAY IMPAIR PARTICIPANT'S ABILITY TO ENTER INTO THIS AGREEMENT, FULLY UNDERSTAND THE RESPECTIVE INTENT AND MEANING OF ALL OF THE TERMS AND PROVISIONS HEREOF AND TO PARTICIPATE IN THE EVENT;
ENTERING INTO THIS WAIVER AND RELEASE AGREEMENT VOLUNTARILY, BY PARTICIPANT'S OWN FREE WILL, ACT AND DEED, WITHOUT ANY UNDUE INFLUENCE FROM THE ORGANIZERS OR ANY OTHER THIRD PARTY.
ASSUMPTION OF RISK . Participant acknowledges that this Event is an extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury or property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of athletes, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, or Event officials, monitors, or producers. PARTICIPANT AGREES THAT HE/SHE DERIVES A MATERIAL BENEFIT FROM THE EVENT AND/OR PARTICIPANT'S INVOLVEMENT THEREIN. BY EXECUTION OF THIS AGREEMENT, PARTICIPANT AGREES AND ACKNOWLEDGES THAT THE EVENT IS POTENTIALLY HAZARDOUS, AND PARTICIPANT HEREBY ASSUMES ALL RISKS ASSOCIATED WITH PARTICIPATING IN THE EVENT, INCLUDING, WITHOUT LIMITATION, FALLS, CONTACT WITH OTHER PARTICIPANTS, THE EFFECTS OF WEATHER AND THE CONDITION OF ROADS OR TRAILS. FURTHERMORE, PARTICIPANT EXPRESSLY AND UNCONDITIONALLY ASSUMES ALL RISKS AND DANGERS KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, AND RELATING OR INCIDENTAL TO PARTICIPANT'S INVOLVEMENT IN THE EVENT AND ANY ACTIVITY ASSOCIATED THEREWITH. PARTICIPATION IN THE EVENT CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED REGARDLESS OF THE CARE TAKEN TO AVOID INJURIES. THE SPECIFIC RISKS VARY AND MAY CAUSE SERIOUS OR GRIEVOUS INJURIES. PARTICIPANT UNDERSTANDS THAT NONE OF THE ORGANIZERS (AS DEFINED ABOVE) HAVE UNDERTAKEN RESPONSIBILITY FOR PARTICIPANT’S SAFETY AND WELLBEING OR THE ELIMINATION OF THE RISKS INHERENT IN PARTICIPANT’S PARTICIPATION IN THE EVENT. PARTICIPANT ACKNOWLEDGES AND AGREES THAT THE ORGANIZERS HAVE NOT TAKEN ON OR ACCEPTED ANY DUTY TO ELIMINATE SUCH RISKS OR PROTECT PARTICIPANT FROM THE INJURY OR HARM THAT MAY RESULT FROM PARTICIPATION IN THE EVENT. PARTICIPANT HEREBY ASSUMES THE RISK OF INJURY OR HARM INVOLVED IN PARTICIPATION IN THE EVENT, INCLUDING BODILY INJURY, DAMAGE TO PERSONAL PROPERTY, AND/OR DEATH. PARTICIPANT HEREBY FOREVER RELEASES, WAIVES, DISCHARGES, HOLDS HARMLESS AND COVENANTS NOT TO SUE THE ORGANIZERS FROM AND WITH RESPECT TO ANY AND ALL CLAIMS (WHETHER SUCH CLAIM IS BASED ON CONTRACT, NEGLIGENCE, TORT, INCLUDING STRICT LIABILITY, OR OTHER LEGAL THEORY), DAMAGES, LIABILITIES, COSTS AND EXPENSES, WHETHER KNOWN OR UNKNOWN, INCLUDING, BUT NOT LIMITED TO, DEATH, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND OR NATURE, ARISING OUT OF OR RELATING TO PARTICIPANT'S INVOLVEMENT IN THE EVENT AND ALL ACTIVITIES ASSOCIATED THEREWITH.
Each Participant, on behalf of himself/herself and his/her successors, spouses, parents, guardians, dependents, heirs, executors, administrators, and personal representatives, agrees to indemnify, defend and hold the Organizers harmless from any liabilities, losses, claims, demands, expenses or damages, including attorneys' fees and costs, sustained by Organizers, or any one or more of them, as a result of Participant's participation in the Event or any other event associated therewith, including but not limited to those resulting from Participant’s rescission of this Agreement, Participant’s breach of his/her covenants or agreements contained herein, Participant’s negligence and/or Participant’s willful misconduct.
MEDICAL TREATMENT . Participant agrees that during the Event, the Organizers are authorized to secure appropriate medical attention for Participant in the event of an accident, illness or injury. Participant shall be responsible for any and all costs of such medical coverage and treatment provided not covered by insurance.
IMAGE AND INFORMATION RELEASE . Participant further agrees that the Organizers shall have the right (but not the obligation) to record, broadcast and otherwise exploit in any and all media throughout the world Participant's activity/performance in the Event and to use Participant's name, likeness, voice and biographical information in connection therewith and without any compensation. If any provision of this Agreement shall for any reason be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid or unenforceable provision were omitted.
Participant further acknowledges and agrees that Organizers may process Participant’s information, including, without limitation, name, image, performance, address, email address, and racing stats, and provide such information to third party service providers in connection with the Event and the provision of Event-related services.
GOVERNING LAW . The validity, interpretation, construction and enforcement of this Agreement shall be governed and controlled by the laws of the Republic of Indonesia, without regard to that State's rules with respect to choice of law.
THIS AGREEMENT CONTAINS THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN PARTICIPANT AND THE ORGANIZERS REGARDING THE SUBJECT MATTER OF THIS AGREEMENT, AND IT SUPERSEDES ANY AND ALL PRIOR COMMITMENTS, AGREEMENTS OR UNDERSTANDINGS BETWEEN PARTICIPANT AND THE ORGANIZERS PERTAINING TO ITS SUBJECT MATTER. THIS AGREEMENT MAY NOT BE ALTERED OR AMENDED EXCEPT BY A WRITTEN INSTRUMENT THAT IS SIGNED BY BOTH PARTICIPANT AND THE ORGANIZERS. PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS NOT RELIED UPON ANY REPRESENTATION OR STATEMENT OUTSIDE OF THIS AGREEMENT WITH REGARD TO THE SUBJECT MATTER, BASIS OR EFFECT OF THIS AGREEMENT. THE PARTICIPANT FURTHER ACKNOWLEDGES AND UNDERSTANDS THIS AGREEMENT AND ITS WAIVER AND RELEASE PROVISIONS SHALL BECOME EFFECTIVE UPON PARTICIPANT’S SIGNATURE BELOW AND SHALL FOREVER REMAIN IN FULL FORCE AND EFFECT FROM THE DATE PARTICIPANT SIGNS. THIS WAIVER AND RELEASE GRANTED BY PARTICIPANT HEREUNDER IS LEGALLY BINDING AND SHALL BE CONSIDERED IRREVOCABLE. PARTICIPANT AGREES THAT THE ORGANIZERS MAY RELY UPON THIS AGREEMENT TO THE FULLEST EXTENT PERMISSIBLE AT LAW OR IN EQUITY.
Participant hereby certifies that all information provided on ALL forms is true, accurate and complete in all respects.
Parents Signature (if under 18 years old):