WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT FOR THE Oboz Trail Experience.
IN CONSIDERATION for Oboz Footwear, LLC. (“Host”), Terrain Scouts LLC, and its parents, subsidiaries, affiliates, and each of their respective employees, contractors, vendors, agents, owners, insurers, representatives, attorneys, volunteers, officials, sponsors, affiliated organizations, associates, and affiliates (collectively, the “Host Parties” and each a “Host Party”) providing access to its online virtual event(s), competition(s), and/or its instructional materials and proposed athletic activities (the “Virtual Event(s)”), I, the undersigned, and on behalf of my spouses, heirs, next of kin, any legal and personal representatives, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnification Agreement (the “Agreement”):
PARTICIPANT REPRESENTATIONS: I hereby represent that (i) I am in good health and physically fit to participate in the Virtual Event activities; (ii) have not been advised against participating in the Virtual Event by a qualified health professional; and (iii) I am at least eighteen (18) years of age (or this Agreement is agreed to by my parent, natural guardian, or legal guardian). I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Virtual Event. I agree that it is my sole responsibility for ensuring I have access through my data or internet provider in order to access the Virtual Event(s) and corresponding materials.
ASSUMPTION OF RISK: I acknowledge that there are dangers, hazards and risks of injury or damage, some of which are inherent in my participation in the Virtual Event.
Risks. Participation in the Virtual Event may be an extreme test of my physical and mental abilities. I understand the dangers, hazards, and risk of injury or damages may include accidents, tripping, falling down, slips, loss of footing or balance, including but not limited to “slip and falls”, illness, drowning, contact or collision with other participants, pedestrians, vehicles or other natural or manmade objects; danger from adverse weather, imperfect trail, road, or other running surfaces conditions, exposure to extreme conditions and circumstances, water, road or surface hazards, variations in terrain, encounters with wild and domestic animals, and inadequate safety measures; unmaintained and/or unmarked trails, roads, bridges, or other running surfaces; loss, theft, damage, or misuse to property or information, including vehicles, equipment, files or systems; equipment failure, malfunction or misuse; acts of terrorism or criminal activity; and breakdown of equipment used to complete the Virtual Event. I understand that, should I choose to complete any recommend training rides provided through the Virtual Event outside, my risks may also include contracting an infectious disease or illness, including without limitation coronavirus, COVID-19, and coronavirus disease, SARS-CoV-2 (collectively referred to as “COVID-19”). I understand and agree that an inherent risk of exposure to COVID-19 exists in any public place where people are present, and further that COVID-19 is an extremely contagious disease that can lead to severe illness and death. The foregoing risks are herein referred to as the “Risks”.
Injuries. I understand that such injuries and damages may include but are not limited to major or minor personal, physical, bodily, emotional, mental, economic, property, or other types of injuries or damages to me, Minor Participants, or other participants, including: death; the potential for serious bodily injury, permanent disability, paralysis, brain damage, heart attacks, strokes, disfigurement, heat stress and/or heat stroke, frostbite and/or hypothermia, dehydration, concussions, hearing loss, torn or damaged muscles or ligaments, broken bones, allergic reactions, burns, sprains, bruises, scrapes, and contraction of infectious diseases or illnesses; aggravation of pre-existing injuries or medical conditions; pain and suffering; loss of consortium, love, affection, comfort, companionship, or care; complications arising from personal mental, physical, or emotional state, including emotional distress, embarrassment, humiliation, or shock; lost wages or lost earning capacity; and other disability, impairment, incapacity, accidents or incidents that may result in injury or damage. The foregoing injuries are herein referred to as the “Injuries”.
Time Limits. I understand that the Virtual Event may only be available for a limited amount of time, or that I may have to submit any time or participation activity by a certain deadline. I acknowledge that if I choose to participate in the Virtual Event that I will adhere to any deadlines for submitting information to the Virtual Event platform. I further acknowledge that if I fail to submit any time or participation activity by a certain deadline that I will in no way hold Host responsible for such lack of submission.
I understand these Risks and Injuries (collectively, “Risks of Injury”) may be caused, in whole or in part, by my own actions or inactions or by the NEGLIGENCE OF HOST OR ANY HOST PARTY, to me, Minor Participants, other participants, and/or other persons. I FULLY UNDERSTAND, AND VOLUNTARILY AND WILLINGLY ASSUME, THE RISKS OF INJURY.
MEDICAL RELEASE: I represent that I am healthy enough to engage safely in the Virtual Event activities and that I have had the opportunity to consult with a doctor prior to the Virtual Event, which Host strongly recommends. I acknowledge that I am responsible for my own conduct, health and safety, and that neither Host nor any Host Party is not responsible for any medical expenses incurred by me in connection with any actions or activities I undertake related to the Virtual Event.
RELEASE OF LIABILITY: To the fullest extent permitted by law, I voluntarily and forever release and discharge, covenant, and agree not to sue Host, all of the Host Parties, any Virtual Event sponsors, and each of their respective insurance providers, parent, subsidiary and affiliated companies, successors in interest, commercial and corporate sponsors, officers, directors, partners, shareholders, members, agents, employees, contractors, subcontractors, volunteers, vendors, agents, owners, representatives, attorneys, officials, affiliated organizations, associates, and affiliates (Individually and Collectively, the “Released Parties” or the “Virtual Event Organizers”), with respect to any liability, claims, demands, causes of action, damages, loss or expense (including court costs and reasonable attorneys’ fees), as well as my interpretation (or misinterpretation) of instructional content provided through the Virtual Event of any kind or nature, whether known or unknown (“Claim(s)”) from my participation in the Virtual Event, which may arise out of, result from, or relate to any alleged or actual NEGLIGENCE OF HOST OR ANY HOST PARTY or breach of any express or implied warranty of the Released Parties.
Negligence Claims. I understand that negligence claims include Host’s and/or any of the Host Parties’: negligent design, operation, supervision, monitoring, or provision of the Virtual Event and it materials; negligent hiring, selection, training, instruction, certification, or supervision of employees, independent contractors or volunteers, negligent collection, use, disclosure, or storage of personal, sensitive or other information; or other negligent acts or omissions. I specifically agree that if I (on my own behalf or on behalf of another) assert a negligence claim against Host or any Host Party and/or breach my agreement not to sue Host or any Host Party, I will pay all reasonable fees (including attorneys’ fees), costs and expenses incurred by Host and the Host Parties to defend the negligence claims and all other Claims based on the same facts.
INDEMNIFICATION: I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a Claim against any of the Released Parties, I agree to indemnify, defend and hold Host and the Released Parties harmless to the fullest extent permitted by law from and against any Claim (including any negligence claim) asserted against Host and/or any of the Released Parties by any other person (including but not limited to by any other participant, any family member who is not an Virtual Event participant, or any other person or entity) arising out of, resulting from, or caused by my participation in the Virtual Events, or the participation of children or other participants. My agreement to defend Host and the Released Parties means that I will pay all of Host’s and the Released Parties’ fees and costs incurred to defend a Claim from the date the Claim is asserted. My agreement to indemnify and hold Host and the Released Parties harmless means that I will pay any settlement, judgment, or other damages, fees or costs of any type incurred by Host and the Released Parties to resolve the Claim.
PARENT OR GUARDIAN AGREEMENT: If I am the parent or legal guardian of a participant under the age of 18, (“Minor Participant”), I acknowledge and represent to Host that I have the right and authority to make decisions concerning the care, custody and control of each Minor Participant, including but not limited to the right and authority to execute this Agreement on the Minor Participant’s behalf. By signing this Agreement, I am binding each of my Minor Participant to its terms, including but not limited to the ASSUMPTION OF RISK, MEDICAL RELEASE, RELEASE OF LIABILITY, INDEMNIFICATION, IMAGE AND LIKENESS RELEASE and DATA PRIVACY provisions. If, despite this Agreement, I, or anyone on the minor’s behalf, makes a Claim 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.
IMAGE AND LIKENESS RELEASE: Host may request that I provide photographs, audio or video recordings, or testimonial accounts that may contain the name, image, voice, likeness or account of me during the Virtual Event (“Images”), or may request that I tag Host on any of my Images of the Virtual Event I post to social media platforms (including but not limited to Instagram, Twitter, Facebook, etc.). I hereby irrevocably consent to and grant Host the exclusive, worldwide, perpetual, royalty-free and otherwise unlimited right to use, copy, modify, distribute, repost, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize any and all such Images, either sent directly to Host or tagging Host through a social media platform (and the right to sublicense such images through unlimited levels of sub-licensees) in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating me in any way, and to authorize others to do the same. Without limiting the foregoing, I hereby consent to Host’s use of the Images for commercial and promotional use, including on social media. Host may change, modify, rearrange, add, delete or otherwise alter such Images. I waive any right to inspect, approve, or edit such Images as used by Host.
DISMISSAL: I understand that Virtual Event Organizer reserves the right, in its sole discretion, to revoke any participant’s access to the Virtual Event. If I am dismissed or depart for any reason, I am still responsible for all costs of my access to the Virtual Event.
FORCE MAJEURE: If the Virtual Event or any portion thereof are cancelled or omitted because of war, an Act of God, inclement weather, natural disturbance, fire, public emergency, disaster, or necessity, plague, epidemics of health or other, national or state emergency, riot, acts or threats of terrorism or criminal activity, unavoidable casualty, legal restriction, labor disputes, strikes, boycotts, mechanical or electrical breakdowns, or for any other reason beyond the reasonable control of Host, the same shall not constitute a breach of this Agreement. If any or all of the Virtual Event is cancelled or omitted as described above, Host, in its and/or their absolute and sole discretion, shall determine whether refunds, credits, or transfers will be issued, granted, or permitted.
COMMUNICATIONS: I expressly consent to allowing Virtual Event Organizers to use my contact information that I have provided to Host, such as my phone number or email address, to contact me in the event that the Virtual Event is delayed, cancelled, an emergency occurs, or to provide me with updates and relevant information regarding the Virtual Event.
ELECTRONIC SIGNATURES: Any electronic signature of a party, whether encrypted or signed, scanned, and uploaded, is considered valid and effectively binds the party to this Agreement. An electronically signed document, including this Agreement, will be deemed (i) “written” or “in writing”, (ii) signed, and (iii) constitutes a record established and maintained in the ordinary course of business and an original written record when printed from electronic files.
PREVAILING LANGUAGE: I understand the English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions.
ADDITIONAL TERMS: This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without regard to principles of conflict of laws. 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. I understand that the Virtual Event Organizer may assign this Agreement to other entities or individuals (“Assignees”) at any time, and any such assignment will grant assignees the full rights and protections accorded in this Form, consistent with Virtual Event Organizer’s and other Released Parties’ rights and protections under this form. This agreement is effective in regard to my enrollment or participation in the activities from the date signed through the completion of all activities, and this Agreement shall remain in full force and effect following completion of all activities. I agree that the contents of this Agreement will take precedence over any other forms or contracts I may sign in connection with the Virtual Event. 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. No failure or delay on the part of Host or the Released Parties in exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing signed by Host, and shall be valid only in the specific instance in which given. The rights and remedies provided by this Agreement to Host and the Released Parties are cumulative and their use of any one right or remedy shall not preclude or waive their rights to use any or all other remedies. Said rights and remedies are given in addition to any other rights Host and the Released Parties may have by law, statute, ordinance or otherwise.
INFORMED CONSENT: I agree I have read this Agreement carefully, understand its terms and conditions, understand that I will be giving up substantial legal rights by signing it acknowledge that I have signed this Agreement freely and voluntarily, 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 If I sign this form both online and onsite, I agree that the onsite version of this form, as that version may be amended from the online version, will be binding.