Waiver Signing
Release Waiver
Spartan DEKA Canada Affiliate Waiver - 1.12.24
SPARTAN CANADA SERIES
WAIVER, RELEASE OF LIABILITY, COVENANT NOT TO SUE & IMAGE RELEASE (THE "WAIVER")
By signing this Waiver, you will waive certain legal rights. Please read the Waiver carefully before you sign it. You may not participate until you have signed and submitted this Waiver.
In consideration of my ("I", "my"or "myself") and/or on behalf of my minor child or children (each a "Minor") participation as a competitor, volunteer (or other staff member) and/or spectator (any of the foregoing, a "Participant") in a Spartan Race® event, Spartan Kids® event, Workout Tour event, DEKAFIT© or other DEKA branded event, or other event owned, operated, licensed or sponsored by Spartan Race (Canada), Inc. (including Spartan Race, Inc. and its affiliates, "Spartan") (any of the foregoing and any ancillary events/activities/operations related thereto, an "Event"), and for other good and valuable consideration I, on behalf of myself and any Minor, acknowledge, accept and agree the following:
(1) The risk of serious injury and/or death from the activities involved participating in any Event, as a Participant, is significant and may include, without limitation, the following: (i) drowning; (ii) near-drowning; (iii) sprains; (iv) strains; (v) fractures; (vi) heat and cold injuries, including burns, heat-related illness and hypothermia; (vii) over-use syndrome; (viii) injuries involving the acts or omissions of other Event participants or vehicles; (ix) animal bites and/or stings; (x) contact with poisonous plants; (xi) accidents involving, but not limited to, paddling, climbing, biking, hiking, skiing, snow shoeing, travel by boat, truck, car or other convenience, falling from heights; (xii) heart attack; (xiii) diseases from exposure to fecal contaminated water or slurry; (xiv) disease or illness, including COVID-19 or any other disease resulting from the SARS-CoV-2 virus, due to exposure to other Participants or a Releasee (as defined herein); (xv) permanent paralysis; and/or (xvi) death. While particular rules, equipment and/or personal discipline may reduce this risk, the risk of serious injury and/or death does exist.
(2) AFTER THE OPPORTUNITY TO FULLY INFORM MYSELF ABOUT THE EVENT, ON BEHALF OF MYSELF AND ANY MINOR, I (UNDERSIGNED), ON BEHALF OF MYSELF AND ANY MINOR, KNOWINGLY, VOLUNTARILY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE, FAULT OR BREACH OF DUTY OF CARE OR ACT OR OMISSIONS OF THE RELEASEES, as hereinafter defined, or others, and assume full responsibility and all risks for myself and/or any Minor"™s participation in the Event.
(3) On behalf of myself and, if applicable, any Minor, I/we knowingly and voluntarily agree to comply with any stated customary terms and conditions (which have been made available to me) for Participant"™s participation in an Event. If, however, I or any Minor observe an unusual and/or significant hazard during my presence at the Event, I will remove myself and/or any Minor from participation in the Event and promptly bring such hazard to the attention of the nearest Event official.
(4) COVID-19: By signing this Waiver, on behalf of myself and, if applicable, any Minor, I acknowledge the contagious nature of the SARS-CoV-2 virus (the "novel coronavirus" or "COVID-19") and voluntarily assume the risk that and, if applicable, any Minor, may be exposed to or infected by the novel coronavirus by attending and/or participating in the Event, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that (i) my, and if applicable, any Minor"™s attendance and/or participation in the Event involves the inherent risk of exposure to the novel coronavirus, and (ii) the risk of becoming exposed to the novel coronavirus or persons with the COVID-19 disease at the Event may result in whole or in part from the actions, omissions, or negligence of myself and others, including, but not limited to, other Participants or any Releasee.
On behalf of myself and, if applicable, any Minor, I/we knowingly and voluntarily agree to comply with and adhere to all necessary and required COVID-19-related safety and risk mitigation practices during my attendance and participation in the Event, whether directly or indirectly communicated verbally or in writing. Such practices may include, but are not limited to: (i) recognized social distancing practices (i.e. maintaining 2 meters of space between myself and other individuals); (ii) wearing a proper face mask; (iii) washing hands and/or using hand sanitizer frequently and avoiding touching of the face, and (iv) complying with other applicable governmental regulations. I acknowledge and agree that my, and if applicable any Minor"™s, compliance with these safety and mitigation practices is not only for my/our own benefit but also for the benefit of other Participants and the Releasee parties at the Event. On behalf of myself and, if applicable, any Minor, I/we voluntarily and knowingly assume the risk that I/we may be exposed to the novel coronavirus or persons with the COVID-19 disease as a result of a failure to comply with such practices, and even if such practices are followed by me and, if applicable, any Minor.
Further, notwithstanding the foregoing, on behalf of myself and any Minor, I agree that I/we will neither attend nor participate in an Event if I or any Minor have, in the past 14 days: (i) been tested for or have a suspected or confirmed case of COVID-19; (ii) experienced any symptoms of COVID-19 including, without limitation, fever, cough or shortness of breath; (iii) been directly or indirectly exposed to or in close contact with a person known to have COVID-19 (or any known symptoms thereof); or (iv) travelled outside of Canada.
(5) To the fullest extent permissible by applicable law, on behalf of myself and, if applicable, any Minor , our respective heirs, assigns, spouses, partners, personal representatives and/or next of kin, irrevocably and forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE SPARTAN RACE (CANADA), INC., SPARTAN RACE, INC., thevenue owner of the Event,and their respective owners, partners, officers, directors, employees, contractors, representatives, agents and affiliates and, as applicable, any direct or indirect parent or subsidiary, predecessor, successor, heir, assign, media partners, associated charity, sponsor or medical providers of any of the foregoing (collectively, the "Releasees") WITH RESPECT TO ANY SUITS, CLAIMS, DAMAGES OR LOSS AND ALL INJURY, PREJUDICE, DISABILITY, DEATH, AND/OR LOSS OR DAMAGE TO PERSON OR PROPERTY, IN CONNECTION WITH MY OR ANY MINOR"™S PARTICIPATION IN THE EVENT, WHETHER ARISING FROM, IN WHOLE OR IN PART, THE NEGLIGENCE, FAULT OR BREACH OF DUTY OF CARE OR WILLFUL CONDUCT OF THE RELEASEES OR OTHERWISE. I further agree to indemnify, defend, and hold harmless Releasees from any loss, liability, cost, claim, prejudice, damages and/or other forms of relief arising directly or indirectly from Participant"™s participation in or association with the Event, including, but not limited to, reasonable lawyer"™s fees. On behalf of myself and, if applicable, any Minor, I/we agree that this Release may be treated as a complete defence to any action or proceeding that may be brought against the Releasees and shall forever be a complete bar to the commencement or prosecution of any action or proceeding which is within the scope of this Release.
(6) On behalf of myself and, if applicable, any Minor, attest and verify that: (i) unless indicated below, I am over 18 years of age and am legally signing on behalf of myself or, if applicable, a Minor or Minors; (ii) Participant is free from all illnesses (including, without limitation COVID-19), injuries and defects that could interfere with any person"™s (including his or her) safe participation in an Event; (iii) Participant is physically fit and sufficiently trained to participate in all activities associated with the Event; and (iv) on the date of the Event, Participant will be covered by public and/or private individual or group medical/health insurance. I acknowledge that Participant, and I, as Minor"™s parent/ legal guardian (if applicable), am or are aware and informed of the inherent risks in participating in the Event and that Participant"™s participation in an Event is entirely voluntary.
(7) On behalf of myself and, if applicable, any Minor, consent to administration of first aid and other medical treatment and related services, including evacuation/transport, in the event of injury or illness in connection with participation in the Event and hereby irrevocably and forever release and indemnify Releasees from any and all liability or claims arising out of such treatment and/or services. I further consent and agree to obtain, furnish and allow, if required, the use and disclosure of my personal health information by such providers in connection with rendering services and or treatment, in compliance with all applicable laws, and to sign any additional documents that may be requested by such providers, in connection such information or services.
(8) I acknowledge that the Releasees reserve the right, in their sole and absolute determination, to postpone, cancel, or modify the Event due to factors beyond their control, especially any such factors that might affect the health and/or safety of Participants, including, without limitation, cancellations due to COVID-19 related governmental regulations. I agree that Spartan will not be obligated to refund any Participant any registration fees due to a cancelled or delayed Event.
(9)On behalf of myself and, if applicable, any Minor, irrevocably and forever grant unlimited permission to Releasees to photograph, film, record and/or otherwise capture (including the use of facial recognition technology and other technology used to identify individuals) in any media the name, image, voice, written statement, photograph and/or visual likeness of me and/or my Minor, and to use, reproduce, sell, disseminate and distribute any and all photographs, images, videotapes, motion pictures, recordings, or any other depiction of any kind of Participant or my or Minor"™s participation in an Event or related activity for any legitimate purpose in perpetuity and I understand that Participant will not be entitled to any compensation in connection therewith. I further hereby irrevocably and absolutely grant permission to the Releasees to film, videotape and record the performance of the Participant in the Event and subsequently to telecast, sell, distribute, and otherwise utilize the same in whatever manner Releasees shall deem appropriate. Such permission shall include granting the unlimited and irrevocable rights to Releasees, without compensation of any kind to Participant, to use, reproduce or broadcast, Participant"™s name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the Event. I acknowledge that Releasees shall have unlimited right throughout the world to copyright, use, reuse, publish, republish, broadcast and otherwise distribute depictions of or information about Participant and all or any portion of the Event in which Participant may appear on any and all radio, network, cable and local television programs and in any print materials and in any other format or media (including electronic media) now known or hereafter devised in perpetuity and without compensation to Participant.
(10) In consideration and in return for being allowed to participate in the Event, I, on behalf of myself and, if applicable, any Minor, hereby irrevocably and forever release, waive, discharge and covenant not to suethe Releasees from all present and future claims regarding Participant"™s participation in events organized by the Releasees, including the Event, by Participant and his/her heirs, assigns, spouses, partners, personal representatives and/or next of kin.
(11) If any of the provisions of this Waiver is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. This Waiver is binding on and shall inure to the benefit of the Releasees and me and any applicable Minor and our respective heirs, next of kin, personal representatives, executors, successors, and assigns. This Waiver constitutes a transaction under article 2631 and following of the Civil Code of Quebec.
(12) To the fullest extent permitted by applicable law, by signing this Waiver, I agree that in the event that I commence a legal proceeding against Spartan, I will do so solely in the courts of the Province of Ontario and I further agree that the substantive law of the Province of Ontario will apply without regard to conflict of law rules.
(13) I acknowledge that I am entering into this Waiver voluntarily and that in entering into this Waiver, I am not relying on any oral or written representations made by the Releasees with respect to the safety of participating in the Event, other than what is set forth in this Waiver. I have requested that this Waiver be drafted in English; J'ai requis que la présente renonciation soit rédige en angléais.
(14) FOR ELITE AND OTHER PARTICIPANTS COMPETING FOR CASH PRIZES ONLY: I voluntarily consent to have a sample of my urine collected at such times as testing is performed by Spartan or its agents for the purposes of evaluating compliance with Event rules. I further understand that certain prescription and/or over-the-counter drugs that I may be taking can affect the results of these tests and that I will inform Spartan prior to testing of any prescription and/or over-the-counter drugs that I am taking. I further authorize the release of all information and records, including test results relating to the screening or testing of my urine sample(s) to Spartan or its agents for such purposes. Spartan and its officers, employees, and agents are hereby released from legal responsibility or liability in connection with any testing and for the release of such information and records as authorized by this Waiver.
I HAVE READ AND FULLY UNDERSTAND THIS WAIVER. I UNDERSTAND THAT I HAVE GIVEN UP, ON BEHALF OF MYSELF AND ANY MINOR, SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY.