AGREEMENT, WAIVER, RELEASE OF CLAIMS, WARNING OF RISK AND ASSUMPTION OF RISK PARTICIPANTS: READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.

 

I understand and acknowledge that by checking the box below, I am legally agreeing to all of the following statements in exchange for being permitted to participate in Run Mucker Run event, by checking this box on behalf of other participants other than yourself you are agreeing to these conditions on there behalf therefore you become solely responsible that the participant has read and agreed to this waiver.

 

1. I understand that participating in Run Mucker Run is a hazardous activity. I acknowledge that Run Mucker Run is an extreme test of my physical and mental limits that carries with it inherent risks of physical injury that cannot be eliminated completely, including but not limited to an above-average risk of death and/or serious injury.

 

2. I expressly, knowingly and voluntarily assume all of the risks of participating in Run Mucker Run. I understand and acknowledge that these risks include, but are not limited to: falls; illness; infection; contact or collision with spectators, personnel, and other pedestrians; contact or collision with motor vehicles; contact or collision with other participants of varying skill levels; contact and the effects of contact with natural and man-made fixed objects; natural and man-made water, road and surface hazards; close proximity and/or contact with thick smoke and/or open flames; dangers arising from weather conditions, including but not limited to extreme heat, cold, humidity, ice, rain, or fog; imperfect course conditions. I understand and acknowledge that these risks may cause harms including, but not limited to: bodily injury, ranging from minor to severe; illness or infection, ranging from minor to severe; physical and/or mental effects of exposure to extreme conditions and circumstances, ranging from minor to severe; temporary or permanent disability; paralysis; death; and property damage or loss. I understand that the risks of participating in Run Mucker Run may be caused in whole or in part by: my own actions or inactions; the actions or inactions of other participants; the actions or inactions of spectators or other pedestrians; and/or the acts, inactions, or negligence of the Released Parties (as defined below).I accept full and sole responsibility for the condition and adequacy of my equipment. I expressly assume all risks and take full responsibility for any and all damages, liabilities, losses, or expenses that I incur as a result of participating in Run Mucker Run.I acknowledge and understand that it is my personal responsibility to arrange for insurance cover for the Event if the I wishes to be covered by insurance. Run Mucker Run will not provide insurance cover for Participants in the Event. By agreeing to the declaration on the Event Entry Form, the Participant accepts that the Organiser has made this clear to the Participant in advance of the Event.

 

3. I agree that it is my responsibility to determine whether I am sufficiently fit, healthy, skilled and physically trained to safely participate in Run Mucker Run. I hereby represent that I am, and on the date of Run Mucker Run will be, in good health and in proper physical condition to safely participate in Run Mucker Run. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in Run Mucker Run, or that would result in my participation creating a risk of danger to myself or to others. I further certify that I have not been advised or cautioned otherwise by a medical practitioner. I understand that the Course is such an extreme test of human physical and mental limits that I may not be able to safely complete it, even if I am sufficiently fit, healthy, skilled and physically trained to safely participate. I understand that it is my responsibility to continuously monitor my own physical and mental condition during the Course, and I agree to withdraw immediately and to notify appropriate personnel if at any point my continued participation would create a risk of danger to myself or to others. I acknowledge and agree that I will not be reimbursed any portion of any fees paid for participation in Run Mucker Run if I withdraw before completing the Course, as I understand that all fees are paid only in exchange for the opportunity to participate to the best of my ability as described in this document, and in no way reflect an entitlement to complete the Course.I understand that I am strongly advised to consult a medical practitioner before participating, especially if I am pregnant, disabled, or have recently suffered any illness, injury, or impairment.

 

4. I assume full responsibility for any injury, loss or damage associated with my use or consumption of alcohol and/or drugs at any point during Run Mucker Run. I understand the dangers associated with the use or consumption of alcohol and/or drugs and I recognise that such use or consumption might impair my judgment and motor skills. I certify that I am not, and on the date of Run Mucker Run will not be, under the influence of alcohol or any drugs that would in any way impair my ability to safely participate in Run Mucker Run. I assume full responsibility for any injury or loss to myself or to others and for any damage to any personal or real property associated with my use or consumption of alcohol and/or drugs at any point during Run Mucker Run.I further understand that the risks and dangers described in the paragraph above include but are not limited to all risks and dangers associated with the consumption of alcohol after participation in the Course. I understand that the Course is an extreme test of mental and physical fitness and that the risks and dangers of consuming alcohol after such a test may be magnified. I take full responsibility for any decision to consume alcohol after completing the Course and I understand that it is my responsibility to know my own limits. I also understand that the responsibility for injury, loss or damage that I assumed in the paragraph above includes but is not limited to full responsibility for any injury or loss to myself or to others and for any damage to any personal or real property associated with any such decision to consume alcohol. I hereby indemnify and agree to hold harmless the Released Parties (as defined below) from any injury, loss, or damage described in this section.

 

5. I agree to abide by the rules of Run Mucker Run and to comply with the directions and instructions of Run Mucker Run personnel. I agree to become familiar with and abide by all written and/or posted rules of Run Mucker Run. I further agree to comply with all directions, instructions and decisions of Run Mucker Run, including but not limited to instructions or directions relating to the manner of my safe participation in the Course or Related Activities and decisions that I will stop participation in the Course or Related Activities at any time. Except as otherwise prohibited by law, I agree not to challenge these rules, directions, instructions, or decisions on any basis at any time and I acknowledge that they are reasonable and necessary to reduce risk; protect the safety of participants, spectators, and personnel; and/or promote fairness and the spirit of Run Mucker Run. In addition to the above, I specifically acknowledge and agree to abide by the following rules: no urination or defecation is permitted outside of designated areas; no wheeled conveyances or pets are allowed in the Course at any time; and no clothing, props or equipment that pose an unnecessary risk to participants, spectators or personnel are permitted. I also specifically agree to obey all civil and criminal laws, including traffic laws and regulations.I also agree to exhibit appropriate behavior at all times; demonstrate respect for all people, equipment and facilities; and participate with a cooperative and positive attitude.I understand that Run Mucker Run may immediately dismiss anyone who disobeys any rules, directions, instructions, decisions, or laws, or whose behavior endangers safety or negatively affects a person, facility, or property of any type or kind.

 

6. I consent to receive medical care and treatment as determined by appropriate Run Mucker Run personnel. In the event of my injury, accident, or illness, I consent to receive medical care and treatment as deemed advisable in the best judgment of appropriate Run Mucker Run and/or appropriate medical professionals. If necessary, I authorise appropriate Run Mucker Run personnel to consent to such medical care and treatment on my behalf. I agree to assume liability for any and all medical costs incurred as a result of my participation in Run Mucker Run but not limited to costs of: medical care and treatment, ambulance services, hospital stays, and physician and pharmaceutical goods and services. I agree to indemnify and hold harmless the Released Parties (as defined below) from all liability for such costs.

 

7. I grant permission to Run Mucker Run to use my photograph and/or any other record of my participation in Run Mucker Run for any legitimate purpose. I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during Run Mucker Run, its affiliated entities or contractors, and/or the media become the sole property of Run Mucker Run. I grant the right, permission and authority to Run Mucker Run 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 Run Mucker Run, 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.

 

8. I acknowledge that Run Mucker Run reserves the right to cancel or reschedule Run Mucker Run in the event of emergency or other disaster. I acknowledge that Run Mucker Run in its sole discretion may delay, modify or cancel Run Mucker Run if natural or man-made emergencies make administering the event unreasonably difficult or unsafe. I agree that “emergency” is defined to mean any event beyond the control of Run Mucker Run, including but not limited to: high wind, extreme rain or hail, hurricane, tornado, earthquake, flood, acts of terrorism, fire, threatened or actual strike, labour difficulty or work stoppage, insurrection, war, public disaster, and unavoidable casualty. I further acknowledge that Run Mucker Run in its sole discretion may also delay, modify or cancel Run Mucker Run if conditions on the day of the event are, in the sole judgment of Run Mucker Run, in any way unsafe. In the event of a delay, modification, or cancellation of Run Mucker Run as described in this paragraph, I understand that I will not be entitled to a refund of my entry fee or any other costs incurred in connection with Run Mucker Run.

 

9. I hereby waive, release and forever discharge Run Mucker Run and the other Released Parties from any and all claims I may have arising out of my participation in Run Mucker Run. I covenant and agree not to sue Run Mucker Run or any of the other Released Parties for any such claims.In consideration of being permitted to participate in Run Mucker Run, I hereby waive, release and forever discharge the following parties (the “Released Parties”) from any and all Claims (as defined below): Run Mucker Run and its directors, officers, employees, agents, contractors, insurers and volunteers; all Run Mucker Run event sponsors, organisers, promoters, directors, officials, property owners, and advertisers; all other persons or entities involved with Run Mucker Run; all 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 Run Mucker Run; and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, shareholders, supervisors, insurers, agents, and representatives of any of the foregoing.In consideration of being permitted to participate in Run Mucker Run, I hereby waive, release and forever discharge the Released Parties from all of the following (the “Claims”): any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), and causes of action, of any kind or nature, which I have or may have in the future (including court costs, attorneys’ fees and litigation expenses), that may arise out of, result from, or relate to my participation in Run Mucker Run or my travel to or from Run Mucker Run. I understand and acknowledge that these Claims include, but are not limited to, causes of action for death, personal injury, partial or permanent disability, negligence, and property damage or theft; causes of action relating to the provision of first aid, medical care, medical treatment, or medical decisions (at the site of Run Mucker Run or elsewhere); and claims for medical or hospital expenses. I understand and agree that the foregoing waiver, release and discharge applies even if the Claims are caused by the negligent acts, omissions, or carelessness of any of the Released Parties. I understand that this waiver, I, for myself and on behalf of my heirs, assigns, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE Run Mucker Run, owner, directors, representatives, officials, agents and/or employees, subsidiaries, and/or assigns, as well as their independent contractors, sponsoring agencies, sponsors, advertisers, volunteers, and if applicable, owners and lessors of the premises used to conduct the Event (collectively, the "Releasees"), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, and/or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. I further agree to indemnify, defend and hold harmless Releasees from any loss, liability, cost, claim or damages arising from my participation in or association with activities and events organized and sponsored by Run Mucker Run or connected with the Events;

 

10. I hereby agree to indemnify, defend and hold harmless Run Mucker Run and the other Released Parties from any and all expenses incurred and claims made that relate to my breach of this Agreement.

 

I hereby agree to indemnify, defend and hold harmless Run Mucker Run and the other Released Parties from any and all expenses incurred and all claims made by myself or others (including but not limited to court costs, attorneys’ fees and litigation expenses) that arise out of or result directly or indirectly from my breach or failure to abide by any part of this Agreement, my failure to follow any rules or directions as defined in Section 5 above, and/or any of my actions or inactions which cause injury or damage to any other person or property.

I understand that this agreement to indemnify, defend and hold harmless operates for myself as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf.

I understand and acknowledge that by selecting the box below, I agree that the statutes and laws of the United Kingdom will apply to all matters relating to this Agreement, including participation in Run Mucker Run, regardless of the actual location of Run Mucker Run or the principles of conflict of laws. I agree that exclusive jurisdiction for any dispute with Run Mucker Run resides in the courts of the United Kingdom and expressly consent to the exercise of personal jurisdiction in the United Kingdom in connection with any dispute.

I understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by the UK, and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 

REFUND

I acknowledge that the Run Mucker Run event fee and associated costs (including optional product purchases, spectator tickets, and donations) are non-refundable, including in circumstances where I am unable to attend due to illness or injury or a scheduling conflict, unless: 1) Run Mucker Run cancels or materially delays or alters the Run Mucker Run event, 2) Run Mucker Run makes a significant change to the Venue, or 3) Run Mucker Run changes the date of the Run Mucker Run event so that I am no longer able to attend. In circumstances (1), (2) or (3) above, Run Mucker Run may offer me the right to attend a different Run Mucker Run event at no additional charge (and if I agree to this, I shall not be entitled to any refund). Alternatively Run Mucker Run may issue me with a refund of my event fee at Run Mucker Run's sole discretion acting reasonably.If I am unable to attend a Run Mucker Run event because I have been called to active military duty and I can provide official documentation regarding my deployment which conflicts with my participation in the Run Mucker Run event, Run Mucker Run may (but is not obliged to) issue me with a refund of my event fee.

 

 

VOLUNTEERS

 

1 There is a risk of injury and/or death from the activities involved in the Run Mucker Run and its related events and as a volunteer,I understand that there is a potential related risk to me due to my presence near the Events;

 

2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASES or others, and assume full responsibility for my participation as a spectator/ volunteer;

 

3. If I observe any unusual and/or significant hazard during my presence, I will remove myself from the area that I perceive as a hazard and shall bring such hazard to the attention of the nearest official;

 

4. I, for myself and on behalf of my heirs, assigns, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE Run Mucker Run, owner, directors, representatives, officials, agents and/or employees, subsidiaries, and/or assigns, as well as their independent contractors, sponsoring agencies, sponsors, advertisers, volunteers, and if applicable, owners and lessors of the premises used to conduct the Event (collectively, the "Releasees"), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, and/or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. I further agree to indemnify, defend and hold harmless Releasees from any loss, liability, cost, claim or damages arising from my participation in or association with activities and events organized and sponsored by Run Mucker Run or connected with the Events;

 

5. My attendance as a spectator or volunteer at the Events organized by Run Mucker Run is entirely voluntary;

 

6. I consent to administration of first aid and other medical treatment in the event of injury or illness and hereby release and indemnify Releasees from any and all liability or claims arising out of such treatment;

 

7. The Releasees reserve the right, in its sole determination, to postpone, cancel, or modify the event due to weather conditions or other factors beyond the control of the Releasees that might affect the health and/or safety of the participants;

 

 

BY TICKING THIS BOX, I AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER (OR WILL BE ON THE DATE OF RUN MUCKER RUN), I HAVE READ THIS AGREEMENT, I UNDERSTAND ITS CONTENT, AND I INTENTIONALLY AND VOLUNTARILY SIGN THIS AGREEMENT.

IN THE CASE OF BOOKING ON BEHALF OF ANOTHER PARTICIPANT YOU MUST HAVE RECEIVED THERE FULL PERMISSION TO SIGN THIS WAIVER ON THERE BEHALF

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