As a spectator or volunteer of and at the below Ultra Expeditions race(s), or related events and/or activities (the “Event”), the undersigned, acknowledges, accepts, and agrees that:
1. There is a risk of injury and/or death from participating in the Event as a spectator or volunteer, and I understand that there is a potential related risk to me due to my presence at or near the Event. I KNOWINGLY, FREELY, AND VOLUNTARILY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (as hereinafter defined) or others, and accept and assume full risk, responsibility and liability for my participation as a spectator or volunteer at the Event. If I observe any unusual and/or significant hazard during my presence at the Event, I will remove myself from the area that I perceive as a hazard and shall bring such hazard to the attention of the nearest Event official;
2. 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 ULTRA EXPEDITIONS LLC, EVENT DATA SOLUTIONS, INC., and their officers, 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, SUITS, COSTS, LIABILITY, DISABILITY, DEATH, and/or loss or damage to person or property, ARISING IN CONNECTION WITH MY PARTICIPATION IN THE EVENT AS A VOLUNTEER OR SPECTATOR, 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 the Releasees or connected with the Events, including but not limited to, reasonable attorney’s fees;
3. My attendance as a spectator or volunteer at the Events organized or sponsored by Releasees is entirely voluntary. I further certify and represent that on the date of the Event I will possess and be covered by medical/health insurance, individually or as part of an organization;
4. I consent to administration of first aid and other medical treatment in the event of injury or illness at or in connection with the Event and hereby release and indemnify Releasees from any and all liability or claims arising out of such treatment;
5. The Releasees reserve the right, in their 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;
6. I hereby grant permission to the Releasees to photograph, film, video tape and otherwise record the below named volunteer or spectator at and/or connection with the Event and subsequently to disseminate, telecast, reproduce and otherwise utilize the same for no charge or remuneration in whatever manner Releasees shall deem appropriate. Such permission shall include the unlimited right to make use of my name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the Event. I acknowledge that Releasees and their representatives shall have the unlimited right throughout the world to copyright, use, reuse, publish, republish, broadcast, and otherwise distribute all or any portion of the Event in which I 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 know or hereinafter devised in perpetuity without compensation to me. In consideration and in return for being allowed to participate in the Event, I release and agree not to sue the Releasees from all present and future claims regarding my participation in the Events that may be made by me, my family, estate heirs, or assigns; and
7. I understand that I will receive communication emails from Ultra Expeditions, Event Data Solutions, Inc., respective affiliates regarding racing, coaching, racing information, events and any information deemed relevant to this race. I HAVE READ THIS WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, COVENANT NOT TO SUE AND IMAGE RELEASE AGREEMENT, AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY.
8. In addition, I waive and release any and all claims for myself, my agents and my heirs against Seminole Canyon State Park, the National Park Service and the Department of the Interior, as well as any employees thereof, for any injury or illness in whole or in part from my spectating and/or volunteering for and at the The Border to Badlands Ultra 5K, 10K, Half-Marathon, Marathon, 50K and 50-Mile.