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I understand that participating in any FitFest Event is physically challenging and potentially dangerous. The events involve the risk of serious injury and/or death.
I assert that I am in good health and in proper physical condition to safely participate in the events. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in the events, or that would result in my participation creating a risk of danger to myself or to others.
Assumption of Risk, Limitation Of Liability And Indemnity Agreement
Participants: Read this document carefully before signing. This document has legal consequences and will affect your legal rights and will limit your ability to bring future legal claims. The Participant’s attention is particularly drawn to clauses 5 and 6.
- Definitions and Interpretation
- “Claim(s)” means all claims and actions for losses, costs expenses and damages, including legal fees and related expenses:
- “I/Me/My/Participant” is you, who will be a participant in the FF Event and has signed this Agreement below:
- “Inherent Risks” are described below in the paragraph headed “Assumption of inherent risks”;
- Released Parties are together and its affiliates and its and their respective directors, officers, employees, agents, contractors, insurers, spectators, equipment suppliers and volunteers; all FF Event sponsors, organisers, promoters, directors, officials, property owners and advertisers; governmental bodies, and/or municipal agencies whose property and/or personnel supervisors; insurers, agents, equipment supplies and representatives of any of the foregoing.
- Releasing Parties are together my spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executor, administrators, successors and assigns, or anyone else bringing a Claim against FFEL or the released parties on my behalf
- “FF Event” is the FitFest Event that is taking place at the Venue
- “FFEL” is the FitFest Events Limited a limited company whose registered company number is 10570140 and whose registered office is at 31 Sandling way, St Marys Island, Chatham, Kent. ME4 3AZ
- “Venue” shall mean the site at which the FF Event is staged and notified on the FF Event website.
- Paragraph headings shall not affect the interpretation of this Agreement. Unless the context otherwise requires, words in the singular shall include the plural and mental challenge to participants.
- Acceptance Of Inherent Risks
The FF Event is meant to be an extreme test of toughness, physical and mental strength, stamina and camaraderie that takes places over 3 heats at the same location. It is a competition to complete with a partner. The objective is to complete against other partners to be the fastest to complete all challenges.FF will use reasonable care and skill to provide a Venue that is fit and suitable for the FF Event bearing in mind the paragraph above.I acknowledge that the FF Event is a test of my physical and mental limits that carries with it inherent risks of physical injury. Inherent Risks are risks that cannot be eliminated completely (without changing the challenging nature of the FF Event) regardless of the care, measures and precautions taken by FFEL and the FF Event and are further described below (“Inherent Risks”). I also understand that it is a strenuous event and that there are risks and dangers generally in taking part in such activities.I understand and acknowledge that the Inherent Risks include, but are not limited to: 1) my contact or collision with other persona or objects (e.g. with spectators or course personnel, other participants, motor vehicles, machinery, or natural or man-made fixed objects or obstacles): 2) my encounter with FF event obstacles 3) extremely challenging course conditions; 4) weather related hazards (e.g. extreme heat, extreme cold, humidity, ice, rain, fog); 5) judgment and/or behaviour related problems by me during the event; 6) erratic or inappropriate co – participate behaviour; and 7) natural hazards (e.g. uneven terrain, rock falls, lighting strikes, earthquakes, wildlife attacks, contact with poisonous plants, marine life and/or ticks).I understand and acknowledge that any of these Inherent Risks and others, not specifically named, may cause bodily or psychological injury or injuries or infections that may be categorised as minor, serious or catastrophic:
Minor injuries are common and include, but are not limited to; scrapes, bruises, sprains, nausea and cuts.
Serious injuries are less common, but do sometimes occur. They include, but are not limited to property loss or damage, broken bones, torn ligaments, concussions, exposure, heat related illness, mental stress, exhaustion and serious infections (as a result of participation or contact with fellow participators).
Catastrophic injuries are rare; however, we feel that our participants should be aware of the possibility. These injuries include permanent disabilities, post traumatic stress disorder, spinal injuries and paralysis, stroke heart attack and even death.
- Acceptance of general risks and participant’s obligations
I understand that the risks of participating in the FF Event may be caused in whole or in part by my own actions or omissions, the actions or omissions of other participants, the actions or omissions of spectators or other bystanders and/or the actions, omissions or negligence of the Released Parties.I acknowledge and accept that FFEL has advised me to consult a medical practitioner before participating in the FF Event and I understand that it is my responsibility to consult with my general practitioner (“GP”) prior to participating in a FF event to ensure that I am fit and well enough to take part and that my participation will not pose any unusual or serious risks to my health and well being.If I believe or become aware that any aspects of the FF Event course facilities or equipment are unsafe or pose unreasonable risks, I agree to immediately notify appropriate FF Event and/or Venue personnel. I accept full and sole responsibility for the condition and adequacy for all of my own equipment that I bring to the Venue and use at the FF Event and for any damage or loss it may cause to FFEL a third party or fellow participant.
- Consent to participate
I understand fully the Inherent Risks and general risks involved in the FF Event and assert that I am willingly and voluntarily participating the FF event. I have read the preceding paragraphs and acknowledge that:
a) I understand the nature of the FF Event
b) I understand the demands of the activities at the FF Event relative to my physical condition
c) I appreciate the potential impact of the types of injuries that may result from my participation in the FF eventAnd;d) I hereby confirm that I knowingly assume all the Inherent Risks and general risks of the FF Event.
e) I understand that FFEL recommends that I have and that FFEL hereby advises me to obtain health insurance which covers any injuries I may suffer as a result of participating in the FF event and any injuries or losses caused to third parties as a result of my actions or omissions at the FF Event.
- Limitation of Liability
In consideration for being permitted to participate in the FF Event I hereby forever waive, release, covenant not to claim, and discharge FFEL and the Released Parties from any and all claims that I or my Releasing Parties may have arising out of my participation in the FF event:1) Resulting from the inherent risks e.g. for personal injury (including death) from incidents, infections or illnesses arising from participation in the FF Event which may include injury caused during practice runs, the FF Event, time at the Venue (including but not limited to all stands, pavements, parking areas, toilet facilities and dressing facilities) and my time while at the Venue (including after the physical event has finished);
2) resulting from damage to, loss of, or theft of my property during a FF event; and/or
3) resulting from any and all claims in contract or tort, liabilities, demands, loss of profit, damages (including indirect or consequential loss) and causes of action of any kind which I may have in the future (including legal fees and expenses) EXCEPT THAT nothing in this agreement shall limit or exclude either FFEL or the Released Parties’ liability for death or personal injury resulting from its negligence.
- Participant’s Indemnity
I hereby agree to indemnify and hold harmless FFEL and the other Released Parties in respect of:1) any and all Claims made and expenses incurred that relate to my breach of this Agreement;
2) Any and all Claims of co-operation, rescuers, and others arising from my conduct on the course of my
3) any and all Claims made by myself or others that arise out of or result directly or indirectly from my breach or failure to conform to the terms of this Agreement;
4) all medical costs incurred by me as a result of my participation in the FF Event that are not covered by my medical insurance including but limited to any and all medical care and treatment, medical transportation and treatment; and that My indemnity pursuant to this Agreement operates for myself and any Releasing Party or anyone who might claim or sue on my behalf and this indemnity shall survive the expiration or sooner termination of the FF Event.
- Venue and jurisdiction
FFEL and the Participant irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
- Entire Agreement
This Agreement supersedes and all previous oral or written promises or agreements. I understand that this is the entire Agreement between me and FFEL relating to its subject matter, and cannot be modified or changed in any way by representations or statements by any agent or employee of FFEL. I agree that this Agreement may only be amended by a written document duly executed by FFEL on giving me at least 30 days written notice prior to the date of the FF Event, If I do not agree to the amended terms of this agreement I must let FFEL know in writing at least 7 days before the date of the FF Event (“Refusal”) and I acknowledge that I shall not be permitted to take part in the FF Event. In these circumstances the entry fee that I have paid shall be refunded to me within 30 days of the date of my refund. If I do not send FFEL a Refusal I shall be deemed to have accepted the amended terms of this Agreement. For the purpose of this provision a reference to “writing” includes email. Nothing in this clause 8 operates to limit or exclude any liability for fraud.
- Agreements for the protection of participants a) I confirm that I am in good health and in proper physical condition to safely participate in the FF Event. I confirm that I have no known physical or mental conditions or illnesses that would affect my ability to safely participate in the FF Event, or that would result in my participation creating a risk of danger to myself or others.
b) I acknowledge that FFEL recommends and encourages that I obtain medical clearance from my GP or a medical practitioner prior to participation
c) I confirm that I have not been advised or cautioned against participating in the FF Event by any medical practitioner
d) I understand that it is my responsibility to continuously monitor my own physical and mental condition during the FF Event, and I agree to withdraw immediately and to notify appropriate FFEL and/or Venue personnel if at any point my continued participation would create a risk a danger to myself and others
e) In the event of an injury to me that renders me unconscious or incapable of making a medical decision, I authorise appropriate FF Event personnel and emergency medical personnel at the FF Event to make emergency medical decisions on my behalf (including but not limited to CPR and use of an Automated External Defribulator)
f) I authorise FFEL to secure emergency medical care or transportation for me when deemed necessary by FFEL
g) I acknowledge that FFEL has instituted its rules for the protection of everyone attending the FF Event including its participants. I acknowledge that I must also sign and adhere to the Entry Participation Agreement below in order to participate in the FF Event and I agree to familiarise myself with all of the rules contained in that agreement and follow them throughout the FF Event. I agree that FFEL may stop or prevent my participation in the FF Event (and, if necessary, have me removed from the Venue) if my participation, conduct, or presence endangers myself or any other person present at the FF Event.
- Acknowledgement of understanding
I have read this agreement and fully understand its terms. I understand that I am limiting my rights, including my right to sue. I further acknowledge that I am signing the agreement freely and voluntarily
Entry and Participation Agreement
Rules: I agree that my participation in a FitFest Event (“FF Event”) and all related activities including but limited to all time spent at a FitFest Event Venue is at all times subject to:
- The terms of this Entry and Participation Agreement;
- My consent to the terms of the Assumptions of Risk, Limitation of Liability and Indemnity Agreement;
- All written terms rules and regulation at the site of the FitFest Event (“the Venue”);
- All written terms, rules and regulations contained on the FitFest Website www.FitFestevents.co.uk
- All directions, instructions, decisions and communications of FitFest events limited, whose registered company number is 10570140 and whose registered office is 31 Sandling Way, St Marys Island, Chatham, Kent. ME4 3AZ (“FF”) and Venue Personnel of the day of the FF event.
Emergency Delay Or Cancellation
I acknowledge that FF at its sole discretion may delay, modify, or cancel the FF Event if conditions or natural or man-made emergencies make administering or holding the FF Event unreasonably difficult or unsafe. I agree that “emergency” is defined to mean an event beyond the control of FF, including but not limited to: High Wind, extreme rain, hurricane, tornado, earthquake, flood, terrorism, fire, threatened or actual strike, labour difficulty, insurrection, war, public disaster, and/or unavoidable casualty.
I acknowledge that the FF Event fee and associated costs (including optional product purchases, spectator tickets and donation) are non–refundable, including in circumstances where I am unable to attend due to illness or injury or a scheduling conflict, unless: 1) FF cancels or materially delays or alters the FF event 2) FF makes a significant change to the Venue 3) FF changes the date of the FF Event so that I am no longer able to attend.
In circumstances (1), (2) or (3) above, FF may offer me the right to attend a different FF event in the UK at no additional charge (and if I agree to this, I shall not be entitled to any refund). Alternatively FF may issue me with a refund of my event fee at FF’s sole discretion acting reasonably.
Removal from FF Event or Venue
I acknowledge that FF personnel and/or Venue personnel, may prohibit or stop anyone from taking part in the FF event and/or immediately remove anyone form the Venue if they believe such person has disobeyed any applicable rules, regulations, directions, decisions or laws; or whose behaviour endangers safety or negatively affects that person, any other person, facility or property of any kind.
Attitudes and behaviour: on the day of the FF event I agree to (i) behave appropriately at all times (ii) act respectfully towards all people, equipment , property and facilities ;and (iii) participate in the FF event with a co operative and positive attitude.
Alcohol & Drugs
I agree that:
1) I will not be under the influence of alcohol or any non prescription drugs during my participation in the obstacle course at the FF event;
2) I shall not consume alcohol excessively or be under the influence of any illegal drugs at the after party on the day of the FF event; and
3) 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 a FF Event or at any time whilst I am at a FF Event or at the Venue. 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 cognitive skills. I certify that I am not, and on the date of the FF Event will not be, under the influence of alcohol or drugs that would in any way impair my ability to safely participate in a FF Event. 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 a FF Event. I hereby indemnify and agree to hold harmless FF and the Released Parties (as defined in the Assumption of Risk, Limitation of Liability and Indemnity Agreement) from any injury, loss or damage described in this clause.
Data Protection and Marketing
I agree that:
1) in the case of an emergency FF and/or Venue personnel may use emergency contact details I provided when I registered for the FF event;
I acknowledge and agree that on the day of the FF event: 1) I shall not urinate or defecate outside of the designated areas at the Venue: 2) I shall not bring animals to the Venue: 3) I shall not use any wheeled equipment during my participation in the obstacles course at the Fitfest Event; 4) I shall not wear any clothing or use any props or equipment that may pose a risk to myself, participants, spectators or personnel; and 5) I shall abide by all instructions and directions of FF and Venue Personnel and all FF and Venue rules and Regulations.
I Understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during the Fitfest Event by Fitfest, its affiliates entities or contractors, and/or the media (“Relevant Other Parties”) become the sole property of FF and/or Relevant Other Parties (as applicable). I acknowledge that such photographs, Motion Pictures, recordings and/or likenesses of me may be edited disseminated, adapted, modified copied, used, exploited in whole or in part including but not limited to promoting, advertising and marketing FF and FF events, without prior notice or compensation. I Further understand that FF and the relevant other parties have the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses. I also grant FF the permission to use my name in connection with its legitimate commercial and non-commercial purposes including but not limited to promoting, advertising, and marketing FF and FF events without prior notice or compensation.