Release and Waiver of Liability, Assumption of Risk, Indemnity, and Media Consent Agreement (Mountain Trail Race)
Important: Read carefully before signing. This is a legal contract that affects your rights. By signing below, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement.
- Parties and Event
This Release and Waiver of Liability, Assumption of Risk, Indemnity, and Media Consent Agreement (the Agreement) is entered into by and between:
- Participant: [Full Legal Name], [Date of Birth], [Address], [Email], [Phone], and if applicable, Parent/Legal Guardian identified in Section 17; and
- Organizer: [Organizer Legal Name], a [jurisdiction and entity type], together with its directors, officers, employees, volunteers, contractors, medical providers, agents, sponsors, advertisers, vendors, landowners/lessors/lessees, public agencies and land managers, venue operators, insurers, successors, and assigns (collectively, the Released Parties).
Event: [Event Name], a mountain/trail running event, including all related activities such as registration, packet pickup, transportation, pre- or post-race briefings, training runs sanctioned by Organizer, on-course participation, and any ancillary activities (collectively, the Event). Event location: [Location]. Event dates: [Dates].
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Voluntary Participation and Capacity
Participant represents that they are entering this Agreement knowingly and voluntarily, are of legal age and capacity to contract, or have obtained the signature and consent of a parent/legal guardian if a minor. Participant understands they may refuse to sign and will not be permitted to participate if they do so.
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Acknowledgment and Assumption of Risks
Participant understands that mountain trail running is an inherently hazardous activity that involves known and unknown risks that cannot be eliminated without jeopardizing the essential nature of the Event. These risks include, without limitation:
- Falls; slips; trips; collision with terrain features; rockfall; landslides; loose gravel; roots; cliffs; snow and ice; water crossings; avalanche or mudflow; and other natural hazards.
- Extreme and rapidly changing weather; exposure; hypothermia; hyperthermia; dehydration; altitude illness; sunburn; lightning; wildfire and smoke; limited shade and shelter.
- Remote location hazards; delayed or limited emergency response; limited or no cell service; navigational errors; getting lost; fatigue; impaired judgment.
- Wildlife encounters; insects and bites/stings; poisonous plants; waterborne or foodborne illness; communicable diseases, including viral or bacterial infections.
- Participant’s own equipment failure; improper gear; inadequate training or conditioning; known or unknown medical conditions; and errors in judgment.
- Risks arising from the acts or omissions (including ordinary negligence) of other participants, spectators, volunteers, medical personnel, and the Released Parties, including course design or marking, selection or maintenance of routes, and provision or failure to provide warnings, aid, instructions, or rescue.
Participant freely and expressly assumes all such risks, both known and unknown, foreseeable and unforeseeable, including those arising from the ordinary negligence of the Released Parties, to the maximum extent permitted by applicable law.
- Release and Waiver of Liability; Covenant Not to Sue
To the fullest extent permitted by applicable law, Participant, on behalf of themselves and their heirs, executors, administrators, personal representatives, and assigns, hereby:
- Releases and forever discharges the Released Parties from any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses of any kind (including attorneys’ fees) arising out of or related to Participant’s participation in or presence at the Event, whether occurring before, during, or after the Event, including travel to and from the Event, whether based on tort, contract, statute, or any other legal theory, and whether caused in whole or in part by the ordinary negligence of the Released Parties;
- Agrees not to sue the Released Parties for any claim released herein (Covenant Not to Sue); and
- Agrees that this Release specifically and conspicuously covers the ordinary negligence of the Released Parties, is intended to satisfy any applicable “express negligence” or “primary assumption of risk” doctrine, and is intended to be as broad and inclusive as permitted by applicable law.
This Release does not waive claims that cannot legally be released, including claims for gross negligence, reckless misconduct, willful or intentional misconduct, or where otherwise prohibited by law.
- Indemnification and Hold Harmless
To the fullest extent permitted by law, Participant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, causes of action, damages, judgments, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to:
- Participant’s participation in, presence at, or conduct during the Event;
- Participant’s breach of this Agreement or the Event rules; and/or
- Claims asserted by third parties, including co-participants, resulting from Participant’s acts or omissions.
This obligation applies even if a Released Party is alleged or found to be negligent, but does not apply to the extent of gross negligence, reckless, willful, or intentional misconduct by a Released Party to the extent such claims cannot be legally waived or indemnified.
- Health, Fitness, and Medical Authorization
- Participant certifies they are physically fit, have sufficiently trained for the Event, and have not been advised otherwise by a qualified medical professional. Participant is solely responsible for managing medications and any medical conditions.
- Participant consents to the provision of first aid and to emergency medical care and transportation as deemed necessary by the Organizer or medical personnel, and agrees to be financially responsible for all associated costs.
- Participant authorizes the release of medical information to and from medical personnel for treatment purposes and to the Organizer for incident management.
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Equipment, Mandatory Gear, and Course Changes
Participant agrees to comply with Organizer’s rules and mandatory gear requirements, to inspect equipment before use, and to withdraw from the Event if unsafe conditions are observed. Participant understands the Organizer may, in its discretion and for safety or legal reasons, alter the course, start time, cut-off times, or format; neutralize, delay, or stop the Event; disqualify Participant; or cancel the Event. Unless prohibited by law or stated otherwise in Organizer’s written refund policy, fees are non-refundable and entries are non-transferable.
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Compliance with Laws and Rules; Alcohol and Substances
Participant agrees to abide by all Event rules, instructions, and applicable laws and regulations, including environmental, fire, and land-use restrictions, and agrees not to use performance-enhancing drugs or participate while impaired by alcohol or any substance.
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Premises and Land Use
Participant understands the Event occurs on property owned or managed by public agencies and/or private landowners. Participant agrees to respect all property, stay on marked routes, and follow land manager directives. This Agreement extends to claims arising from premises conditions, maintenance, inspection, marking, or warnings.
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No Warranties; Participant Responsibility
Organizer makes no warranty, express or implied, regarding the safety, condition, or suitability of the Event, course, or premises. Participant accepts the Event and premises “as is” and is responsible for their own safety and decision-making at all times.
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Photographs, Recordings, and Likeness
Participant grants the Organizer a perpetual, worldwide, royalty-free license to use Participant’s name, image, voice, likeness, and biographical information captured in connection with the Event, in any media, for legitimate promotional and informational purposes, without further notice or compensation, to the extent permitted by applicable law.
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Personal Data
Participant consents to the collection, use, disclosure, transfer, and storage of personal data for Event administration, safety, timing, results publication, communications, and compliance purposes, in accordance with Organizer’s Privacy Notice available at [URL]. Participant understands that results, photos, and rankings may be publicly posted.
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Governing Law; Venue; Dispute Resolution
- Governing Law: This Agreement and any dispute arising out of or related to it shall be governed by the laws of [State/Country], without regard to its conflict-of-laws rules.
- Venue and Jurisdiction: The exclusive venue for any permitted court action shall be the state or federal courts located in [County, State/Country], and the parties consent to personal jurisdiction there.
- Jury Trial Waiver: To the extent permitted by law, the parties waive the right to a jury trial in any dispute arising out of or relating to this Agreement or the Event.
Optional arbitration clause (select if desired and permitted by law): Any dispute, claim, or controversy arising out of or relating to this Agreement or the Event shall be resolved by binding arbitration administered by [AAA/JAMS/other] under its [rules], and judgment on the award may be entered in any court of competent jurisdiction. Class and representative actions are waived. The seat of arbitration shall be [City, State/Country]. The foregoing does not preclude a party from seeking provisional remedies in court.
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Class Action Waiver
To the maximum extent permitted by law, Participant agrees that any claim will be brought on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.
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Severability; Reformation
If any provision of this Agreement is determined to be invalid or unenforceable as written, it shall be enforced to the maximum extent permissible and the remainder shall continue in full force. The parties authorize a court or tribunal to modify any unenforceable provision to the minimum extent necessary to render it enforceable (blue-pencil/reformation).
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Entire Agreement; No Reliance; No Assignment
This Agreement constitutes the entire understanding between the parties regarding its subject matter and supersedes all prior discussions. Participant has not relied on any statements not expressly set forth herein. Participant may not assign this Agreement. Organizer may assign this Agreement to an affiliate or successor in interest.
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Minors; Parent/Guardian Consent
If the Participant is under the age of majority in the governing jurisdiction:
- The undersigned Parent/Legal Guardian represents they are the legal parent/guardian with authority to enter this Agreement on the minor’s behalf, consents to the minor’s participation, and agrees to all terms herein on behalf of the minor and themselves.
- The Parent/Legal Guardian further agrees to defend, indemnify, and hold harmless the Released Parties from any claims by or on behalf of the minor Participant to the extent permitted by law.
Note: Some jurisdictions prohibit or limit enforcement of pre-injury waivers signed on behalf of minors. This Agreement is intended to be effective to the fullest extent permitted by applicable law.
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Conspicuousness and Acknowledgment
Participant acknowledges that the provisions regarding assumption of risk, release of liability for ordinary negligence, covenant not to sue, indemnity, jury trial waiver, and class action waiver are conspicuous, negotiated to the extent desired, and understood. Participant had the opportunity to seek independent legal advice before signing.
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Electronic Signature; Counterparts
Participant agrees that electronic signatures and records related to this Agreement are valid and enforceable to the fullest extent permitted by applicable electronic transactions law, and that this Agreement may be executed in counterparts.
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Effective Date
This Agreement becomes effective on the date signed below and applies to the Event identified above and any Organizer-sanctioned pre-Event or post-Event activities related thereto.
Warning: By signing this document, you give up substantial legal rights, including the right to sue for ordinary negligence. Do not sign unless you understand and agree.
Participant
Name:
Signature:
Date:
Emergency Contact (Name/Phone):
If Participant is a Minor
Parent/Legal Guardian Name:
Relationship to Minor:
Signature:
Date:
Event and Organizer Details
Organizer Legal Name:
Organizer Address/Contact:
Governing Law and Venue:
Arbitration (if applicable): [Yes/No; Provider; Rules; Seat]
Mandatory Gear Summary (if applicable): [Reference to Event Rules/Website]
Refund/Transfer Policy Reference: [URL or attachment]
Notes for Implementation
- Customize the governing law, venue, and dispute resolution to the Event location and Organizer’s preference.
- Ensure the negligence release language is conspicuous (e.g., bold or capitals in printed form) and that course-specific risks are reflected.
- Verify compliance with local law regarding releases for minors, gross negligence carve-outs, and any statutory recreational use or landowner protections. Consider separate, jurisdiction-specific addenda if required.
