Belcan/RHF Ninja O-Course Participant Agreement
Copies will be available at the event to sign. Please read this agreement carefully.
Belcan/RHF Ninja O-Course Challenge
PARTICIPANT RELEASE, WAIVER, ASSUMPTION OF RISK
For good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I hereby agree (the “Agreement”) as follows:
1. I,____________________, have elected, on a voluntary basis, to run the “Belcan/RHF Ninja O-Course Challenge” obstacle course (the “Activity”), presented by Alpine Training Services, LLC and the Rick Herrema Foundation (collectively, the “Administrators”).
2. I understand that the Activity includes my running an extreme and strenuous obstacle course (the “Course”). Running the Course may include, without limitation, running, jumping, climbing and sliding, which will require upper and lower body strength, speed and balance, among other things.
3. I hereby represent and warrant that: (i) I am mentally and physically fit to participate in running the Course; (ii) I am aware that running the Course is an inherently dangerous activity and I choose to do so of my own free will; (iii) I am aware that running the Course presents certain risks, (including, without limitation, physical injury, severe bodily harm and/or death) and I am aware that equipment problems and human error can contribute to or cause such damages or serious personal injuries; (iv) I am aware that my risk of injury may be increased if I suffer from conditions that may be affected by physical exertion, and I represent and warrant that I do not suffer from any such condition(s) (including, but not limited to neck, back and heart problems and pregnancy); and (v) no representations of any kind have been made to me regarding my ability to participate in running the Course. I knowingly and voluntarily assume all risks associated with the activity.
4. I understand that the sole form of compensation I will receive for my participation in connection with the Activity is the opportunity to experience and participate in the Activity. I acknowledge that I am participating in the Activity on a purely voluntary basis and that I shall not be deemed to be an employee of the Administrators, nor shall I be entitled to the benefits provided by the Administrators to its respective employees.
5. I hereby release the Rick Herrema Foundation and Alpine Training Services, LLC, the respective parents, subsidiaries, affiliated entities, licensees, successors, heirs and assigns of each of the foregoing, and each of their respective directors, officers, employees, agents, contractors, partners, shareholders, representatives and members, and any sponsors of the Activity (the “Released Parties”), in advance from and against: (i) any and all claims arising out of the Activity including but not limited all claims arising from or in connection with my running of the Course, any defect or failure in the Course, warnings, instructions, or damage on account of personal injury to me, including but not limited to, bodily injury, death, lost wages, loss of employment, or infliction of emotional distress, whether or not such damages arise from Released Parties’ or any third party’s negligence or carelessness. It is further understood and agreed that the waivers, releases and assumptions of risk contained herein are binding on my heirs and assigns, are intended to be as broad and inclusive as permitted by law, and that if any portion is held invalid, the balance of this waiver, release and assumption of risk shall continue in full force and effect. I will defend, indemnify and hold the Released Parties harmless from any and all such claims, actions, damages, losses, liabilities, costs, expenses, injuries or causes of action, as well as all those that are in any way caused by, arise out of or result from any breach or alleged breach by me of any of the representations or warranties made by me in this Agreement. I understand the significance and consequence of, and agree that, all rights under Section 1542 of the Civil Code of California or any similar law are hereby expressly voluntarily waived in full by me to the maximum extent permitted by law. Section 1542 states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
6. I acknowledge that Administrators are relying on my agreement to the waivers, and releases of this Agreement for the purpose of the Administrators’ consent to my running the Course. This Agreement contains the entire understanding of the parties hereto relating to the subject matter herein. I have the full right and legal capacity to sign this Agreement. The illegally, invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of any of the remainder of the Agreement. I have fully read this Agreement prior to signing it and I understand its contents. I hereby acknowledge and agree that in the event of any dispute arising out of this Agreement or the Activity, I will first submit in writing to the Administrators the details of any such dispute. The Administrators shall then have the absolute right and option, by giving notice to me within fifteen (15) business days after receipt of my notice, to require that the matter be resolved by binding arbitration in Los Angeles, California, administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof, including the optional appeal procedure (the “JAMS Rules”, including, without limitation, the rule providing that each party shall pay pro rata its share of JAMS fees and expenses, and the rules providing for limited discovery and other exchange of information). The JAMS Rules are available at www.jamsadr.com, and will be provided upon request. The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an arbitrator experienced in the entertainment industry and licensed to practice law in California or a retired judge. Any appellate panel shall consist of three neutral members, subject to the foregoing requirements. Upon conclusion of any arbitration proceedings hereunder, the arbitrator shall render findings of fact and conclusions of law and a written opinion setting forth the basis and reasons for any decision he or she has reached and shall deliver such documents to each party to the agreement along with a signed copy of the award in accordance with section 1283.6 of the California code of civil procedure. If the Administrators do not elect to enter into arbitration, I may commence a legal action if I choose, but solely in the state or federal courts located in Los Angeles, California. In the event any such arbitration or legal action is commenced, I hereby acknowledge and agree that the laws of the State of California shall govern.
ACCEPTED AND AGREED:
BY: ___________________________________ DATE: __________________
PRINT NAME: ___________________________________
DATE OF BIRTH: ________________________________
TYPE OF ID CHECKED: ___________________________
THIS INFORMATION IS BEING OBTAINED AND WILL BE MAINTAINED SOLELY FOR LEGALLY-MANDATED RECORD-KEEPING PURPOSES.]