Assumption & Acknowledgement of Risk
In consideration of the risk of injury, loss or damage of property while participating in Sweatwork HTX related events and activities (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Sweatwork HTX (an Sweatwork HTX LLC Company) their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives and assigns (the “Company”) for any physical financial or psychological damage or injury that I may suffer as a direct or indirect result of my participation in the Activity, including traveling to and from an event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISK ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THE ACTIVITY WHICH MAY INCLUDE BUT ARE NOT LIMITED TO, PHYSICAL FINANCIAL OR PSYCHOLOGICAL DAMAGE OR INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, (INCLUDING GROSS NEGLIGENCE), CONDITIONS RELATED TO TRAVEL, CONDITIONS OF OTHER PARTICIPANTS, OR CONDITIONS OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.
The Participant agrees to indemnify and hold harmless the Company against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If the Company incurs any of these types of expenses, the Participant agrees to reimburse the Company.
The Participant acknowledges that the Company is not responsible for errors, omissions, acts of failures to act of any party or entity conducting a specific event or activity on behalf of Company.
THE PARTICIPANT ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risk may include, but are not limited to, those caused by terrain, facilities, temperature, weather lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, event officials and event monitors, and/or producers of the event.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO THE RELEASE AND DISCHARGE THE COMPANY AND ALL OF ITS AFFILIATES FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING LEGAL ACTION AGAINST THE COMPANY FOR PERSONAL INJURY FINANCIAL LOSS OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Company.
In the event that the Participant should require medical care or treatment, the Participant agrees to be financially responsible for any costs incurred as a result of such treatment. The Participant is aware and understands that the Participant should carry their own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my willful actions, neglect or recklessness, the Participant acknowledges and agrees to be held liable for any and all costs associated with any actions of neglect or recklessness.
This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between the two parties of equal bargaining strength. Both the Participant, and Company agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any terms, conditions, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that be limiting said provision it would become valid and enforceable, then said provisions shall be deemed to be written, construed and enforced as so limited.
Additional Acknowledgement and Agreement
The Participant acknowledges and agrees to the following additional conditions and terms:
- Accepted entry into the Activity will not be transferred to another entrant.
- In the event of any ‘act of God’ conditions causing a cancellation of the Activity, Participant agrees that total entry fee is not transferable or refundable.
- Participant is in an appropriate physical condition to participate in the Activity, given the known parameters of the Activity (such as the length, time, physical demands and environmental context).
- Participant has taken medical advice on any pre-existing medical conditions, and confirms that it is medically safe for Participant to participate in the Activity.
- Participant understands and agrees that situations may arise during the Activity, which may be beyond the immediate control of the Event organizers (including all ofﬁcials and event volunteers).
- Participant will participate in the Activity, in a manner that does not endanger either the Participant or other event participants, officials and event volunteers, the sponsors and other parties associated with the Activity
- Participant authorizes the use of the Participant’s name, voice, picture and information on sign-up and/or registration form in any broadcast, telecast, promotion, advertising, and in any other way, without payment to the Participant or any other form of compensation
- Participant agrees to comply with the rules, and regulations pertaining to the Activity
- Participant agrees to follow all reasonable safety instructions provided to me by the Activity organizers, (including all officials and event volunteers) before, during and after the Activity.
- Participant consents to receiving medical treatment in the event of illness or injuries suffered during or immediately after the Activity.