EEMENT, 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 signing below, I am legally agreeing to all of the following statements in exchange for being permitted to participate in Zombie Chargeon Saturday, June 14th, 2014 at Suchocki Tree Farm, 44 Button Road North Stonington, CT, which includes both the Zombie Charge course (“Course”) and pre- and post-course activities (“Related Activities”):
1. I understand that participating in Zombie Charge is a hazardous activity. I acknowledge that Zombie Charge is a test of my physical and mental limits that carries with it inherentrisks 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 Zombie Charge. 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 or machinery; 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 with manufactured fog; inadequate competition equipment and/or equipment failure; dangers arising from weather conditions, including but not limited to extreme heat, cold, humidity, ice, rain, or fog; imperfect course conditions; and inadequate safety measures. 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 Zombie Charge 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 agree that prior to participating in Zombie Charge, I will inspect the Course, facilities, equipment and areas to be used, and if I believe or become aware that any are unsafe or pose unreasonable risks, I agree to immediately notify appropriate personnel. 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 Zombie Charge.
3. I agree that it is my responsibility to determine whether I am sufficiently fit, healthy, skilled and physically trained to safely participate in Zombie Charge. I hereby represent thatI am, and on the date of Zombie Charge will be, in good health and in proper physical condition to safely participate in Zombie Run. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in Zombie Charge, 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 Zombie Charge 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. I attest that I am covered by medical insurance, individually or as part of an organization.
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 Zombie Charge. I understand the dangers associated with the use or consumption of alcohol and/or drugs and I recognize that such use or consumption might impair my judgment and motor skills. I certify that I am not, and on the date of Zombie Charge will not be, under the influence of alcohol or any drugs that would in any way impair my ability to safely participate in Zombie Charge. 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 Zombie Charge.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 a 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 Zombie Charge and to comply with the directions and instructions of Zombie Charge personnel. I agree to become familiar with and abide by all written and/or posted rules of Zombie Charge, as well as all written and/or posted rules of Bison Brook Farms. I further agree to comply with all directions, instructions and decisionsof Zombie Charge and Bison Brooks Farms personnel, 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 Zombie Charge. 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 Zombie Charge and Bison Brook Farms personnel may immediately dismiss anyone who disobeys any rules, directions, instructions, decisions, or laws, orwhose 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 Zombie Charge 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 Zombie Charge and/or Bison Brook Farms personnel and/or appropriate medical professionals. If necessary, I authorize appropriate Zombie Charge 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 Zombie Charge that are not covered by my insurance, including 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 Rising Son Productions LLC dba Zombie Charge to use my photograph and/or any other record of my participation in Zombie Charge for any legitimate purpose. I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during Zombie Charge by Rising Son Productions LLC dba Zombie Charge and/or its affiliated entities or contractors, and/or the media become the sole property of Rising Son Productions LLC dba Zombie Charge. I grant the right, permission and authority to Rising Son Productions LLC dba Zombie Charge 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 Rising Son Productions LLC dba Zombie Charge, 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 Rising Son Productions LLC dba Zombie Charge reserves the right to cancel or reschedule Zombie Charge in the event of emergency or other disaster. I acknowledge that Rising Son Productions LLC dba Zombie Charge in its sole discretion may delay, modify or cancel Zombie Charge 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 Rising Son Productions LLC dba Zombie Charge, including but not limited to: high wind, extreme rain or hail, hurricane, tornado, earthquake, flood, acts of terrorism, fire, threatened or actual strike, labor difficulty or work stoppage, insurrection, war, public disaster, and unavoidable casualty. I further acknowledge that Rising Son Productions LLC dba Zombie Charge in its sole discretion may also delay, modify or cancel Zombie Charge if conditions on the day of the event are, in the sole judgment of Rising Son Productions LLC dba Zombie Charge, in any way unsafe. In the event of a delay, modification, or cancellation of Zombie Charge as described in this paragraph, I understand that I will not be entitled to a refund of my entry fee or any other costsincurred in connection with Zombie Charge.
9. I hereby waive, release and forever discharge Rising Son Productions LLC dba Zombie Charge and the other Released Parties from any and all claims I may have arising out of my participation in Zombie Charge. I covenant and agree not to sue Rising Son Productions LLC dba Zombie Charge or any of the other Released Parties for any such claims. In consideration of being permitted to participate in Zombie Charge, I hereby waive, release and forever discharge the following parties (the “Released Parties”) from any and all Claims (as defined below): Rising Son Productions LLC dba Zombie Charge and its directors, officers, employees, agents, contractors, insurers and volunteers; Bison Brook Farms and its directors, officers, employees, agents, contractors, insurers and volunteers; Timothy Suchocki, Suchocki & Son, Inc and its directors, officers, employees, agents, contractors, insurers, and volunteers; all Zombie Charge event sponsors, organizers, promoters, directors, officials, property owners, and advertisers; all other persons or entities involved with Zombie Charge; all state, 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 Zombie Charge; 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 Zombie Charge, 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 Zombie Charge or my travel to or from Zombie Charge. 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 Zombie Charge 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, release and discharge operates for myself as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin and anylegal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf.
10. I hereby agree to indemnify, defend and hold harmless Rising Son Productions LLC dba Zombie Charge 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 Rising Son Productions LLC dba Zombie Charge 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 checking the box below or signing below, I agree that the statutes and laws of the State of Connecticut will apply to all matters relating to this Agreement, including participation in Zombie Charge, regardless of the actual location of Zombie Charge or the principles of conflict of laws. I agree that exclusive jurisdiction for any dispute with Rising Son Productions LLC dba Zombie Charge resides in the courts of the State of Connecticut and expressly consent to the exercise of personal jurisdiction inthe State of Connecticut 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 State of Connecticut, 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.
BY SIGNING BELOW, I AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER (OR WILL BE ON THE DATE OF ZOMBIE CHARGE), OR I AM THE PARENT OR LEGAL GUARDIAN OF A MINOR REGISTERED TO PARTICIPATE IN ZOMBIE CHARGE. I HAVE READ THIS AGREEMENT, I UNDERSTAND ITS CONTENT, AND I INTENTIONALLY AND VOLUNTARILY SIGN THIS AGREEMENT.
(0 reviews) / Write a review?