DO LAB, INC.
ASSUMPTION OF RISK, WAIVER OF LIABILITY,
AND INDEMNITY AGREEMENT FOR “LIB MUST-DASH 5K RUN” PARTICIPANTS
May 25-30, 2022
READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES THAT AFFECT YOUR LEGAL RIGHTS AND ELIMINATES YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
The Parties:
1) Released Parties include DO LAB, INC., and its shareholders, directors, officers, employees, agents, contractors, insurers, spectators, equipment suppliers, vendors, subsidiaries and volunteers; BUENA VISTA AQUATIC RECREATIONAL AREA (“Venue”) and its owners, directors, officers, employees, agents, contractors, insurers, equipment suppliers, vendors and volunteers; all LIB MUST-DASH 5K RUN event sponsors, organizers, promoters, directors, officials, property owners, and advertisers; governmental bodies and/or municipal agencies whose property and/or personnel are used; and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives of any of the foregoing.
2) Releasing Parties include: The Participant (as set forth in the signature block below and referred to herein as “Participant”, “I”, “me” or a variation thereof) as well as Participant’s 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 Participant’s behalf.
Assumption of Inherent Risks
The LIB Must-Dash 5K Run is a timed, competitive, race. Participants will compete against each other, and themselves, in an effort to achieve the objective of completing the course in the shortest period of time in which they are safely capable of finishing. The course environment will consist of the extreme terrain of the Venue which may include slippery surfaces, mud, water, rocks, trails, sand, snow, hills, as well as extreme changes in both elevation and temperature.
In summary, the LIB Must-Dash 5K Run is a hazardous activity for participants. I acknowledge that the LIB Must-Dash 5K Run carries an inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely (without changing the challenging nature of the LIB Must-Dash 5K Run) regardless of the care and precautions taken by Released Parties. I also understand that these hazards may be magnified due to the nature of the premises, facilities, and equipment used at the LIB Must-Dash 5K Run and which I may come in contact with.
I understand and acknowledge that the inherent risks include, but are not limited to: 1) contact or collision with persons or objects (e.g., collision with spectators or course personnel), contact with other participants, contact or collision with motor vehicles or machinery, and contact with natural or man-made fixed objects or obstacles); 2) encounters with obstacles (e.g., natural and man-made water, road and surface hazards); 3) equipment related hazards (e.g., broken, defective or inadequate competition equipment, unexpected equipment failure, imperfect course conditions); 4) weather-related hazards (e.g., extreme heat, extreme cold, humidity, ice, rain, fog); 5) unavailability or inadequacy of first aid and/or emergency measures; 6) judgment-and/or behavior-related problems (e.g., erratic or inappropriate co-participant behavior, erratic or inappropriate behavior by the Participant, errors in judgment by personnel working the event; and 7) natural hazards (e.g. uneven terrain, rock falls, lightning strikes, earthquakes, etc.).
I further understand and acknowledge that any of these risks and others, not specifically named, may cause injury or injuries that may be categorized 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 or exhaustion, infection, and concussions. Catastrophic injuries are rare; however, we feel that our participants should be aware of the possibility. These injuries can include permanent disabilities, spinal injuries and paralysis, stroke, heart attack, and even death.
I also understand that it is my responsibility to consult with my personal physician prior to participating in the LIB Must-Dash 5K Run to ensure that such participation will not pose any unusual risks to my health and well-being.
I understand that it is my responsibility to 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. By participating in the event, I am acknowledging that I have found the course, facilities, equipment, and areas to be used to be safe and acceptable for participation. I accept full and sole responsibility for the condition and adequacy of my equipment.
I UNDERSTAND FULLY THE INHERENT RISKS INVOLVED IN THE LIB MUST-DASH 5K RUN AND ASSERT THAT I AM WILLINGLY AND VOLUNTARILY PARTICIPATING IN THE EVENT.
I have read the preceding paragraphs and acknowledge that: 1) I know the nature of the LIB Must-Dash 5K Run; 2) I understand the demands of this activity relative to my physical condition; and 3) I appreciate the potential impact of the types of injuries that may result from the LIB Must-Dash 5K Run.
I HEREBY ASSERT THAT I KNOWINGLY ASSUME ALL OF THE INHERENT RISKS OF THE ACTIVITY AND TAKE FULL RESPONSIBILITY FOR ANY AND ALL DAMAGES, LIABILITIES, LOSSES, OR EXPENSES THAT I INCUR AS A RESULT OF PARTICIPATING IN THE LIB MUST-DASH 5K RUN.
Waiver of Liability for Ordinary Negligence
In consideration of being permitted to participate in the LIB Must-Dash 5K Run, I (on behalf of the Releasing Parties) HEREBY FOREVER WAIVE, RELEASE, COVENANT NOT TO SUE, AND DISCHARGE DO LAB, INC. AND THE OTHER RELEASED PARTIES FROM ANY AND ALL CLAIMS RESULTING FROM THE INHERENT RISKS OF THE LIB MUST-DASH 5K RUN OR THE ORDINARY NEGLIGENCE OF DO LAB, INC. OR OTHER RELEASED PARTIES) THAT I MAY HAVE ARISING OUT OF MY PARTICIPATION IN THE LIB MUST-DASH 5K RUN.
This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from the LIB Must-Dash 5K Run participation. This includes injury during course inspection, observation, practice runs, the event, and while on the premises (including, but not limited to stands, sidewalks, parking areas, restrooms, and dressing facilities); and 2) any and all claims resulting from damage to, loss of, or theft of property.
Indemnification Agreement
In consideration of being permitted to participate in the LIB Must-Dash 5K Run and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby agree to hold harmless, defend and indemnify Do Lab, Inc. and the other Released Parties from and against: 1) Any and all claims made by me (or any Releasing Party) arising from injury or loss due to my participation in the LIB Must-Dash 5K Run; and 2) Against any and all claims of co-participants, rescuers, and others arising from my conduct in the course of my participation in the LIB Must-Dash 5K Run. For the purposes hereof, “claims” includes all actions and causes of action, claims, losses, costs, expenses and damages, including legal fees and related expenses. This indemnity shall survive the expiration or termination of the LIB Must-Dash 5K Run.
Other Agreements
Venue and Jurisdiction: I understand that if legal action is brought, the appropriate state or federal trial court in California has the sole and exclusive and that only the substantive laws of the appropriate shall apply.
Severability: I understand and agree that this Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted 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.
Integration: I affirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire Agreement between me and Do Lab, Inc. and cannot be modified or changed in any way by representations or statements by any agent or employee of Do Lab, Inc. This Agreement may only be amended by a written document duly executed by all parties.
Mediation and Arbitration: In the event of a legal issue, I agree to engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims arising out of my participation in the LIB Must-Dash 5K Run shall be submitted to binding arbitration in accordance with the applicable rules of the JAMS then in effect. The cost of such action shall be shared equally by the parties.
Agreements for the Protection of Participants:
I represent and warrant that I am in good health and in proper physical condition to safely participate in the LIB Must-Dash 5K Run. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in the LIB Must-Dash 5K Run, or that would result in my participation creating a risk of danger to myself or to others.
I acknowledge that Do Lab, Inc. recommends and encourages each client to get medical clearance from his/her personal physician prior to participation.
I assert that I have not been advised or cautioned against participating by a medical practitioner.
I understand that it is my responsibility to continuously monitor my own physical and mental condition during the LIB Must-Dash 5K Run, 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 represent and warrant that I am covered by medical insurance. Upon request by a representative of LIB Must-Dash 5K Run I agree to provide proof of medical insurance and that the failure to provide such proof of insurance may prohibit me from participating in the LIB Must-Dash 5K Run.
In the event of an injury to me that renders me unconscious or incapable of making a medical decision, I authorize appropriate Do Lab, Inc. personnel and emergency medical personnel at the event to make emergency medical decisions on my behalf (including, but not limited to CPR and AED).
I authorize Do Lab, Inc. to secure emergency medical care or transportation (i.e., EMS) when deemed necessary by Do Lab, Inc.
I agree to assume all costs of emergency medical care and transportation.
I acknowledge that Do Lab, Inc. has instituted its rules for the protection of the participant and co-participants. I agree to familiarize myself with those rules and follow them throughout the event. I also recognize the authority of Do Lab, Inc. to halt my participation (and, if necessary, have me removed from the premises) if my participation, conduct, or presence endangers myself or my co-participants.