LGND TRACK
WAIVER, RELEASE OF LIABILITY, INDEMNIFICATION, AND CONSENT TO MEDICAL ATTENTION
1. Voluntary Participation. I, {nameOf}, understand and confirm that my participation in LGND TRACK, NEBRASKA THE GOOD LIFE (THE EVENT) represented by LEGENDARIOS NEBRASKA INC, ) is based on my own voluntary will and desire, and that all instructions given by the coordinators or staff during the event are performed voluntarily and that I have not been manipulated, misled, obligated or physically threaten to comply with such instructions.
2. Identification of Risks. I understand that my participation in THE EVENT may involve the risk of injury and loss, both to the person and to property. I also understand that the risk of injury may include but is not limited to the possibility of temporary or permanent disability and death. I understand that this Waiver, Release of Liability, Indemnification, and Consent to Medical Attention is intended to address all of the risks of any kind associated with my participation in any aspect of THE EVENT, or with the time I am involved in THE EVENT, including, particularly, such risks created by actions, inactions, carelessness, or negligence on the part of LEGENDARIOS NEBRASKA INC, and/or its officers, pastors, employees, agents, volunteers, successors, or Assigns (collectively LEGENDRIOS NEBRASKA INC "Representatives"), including, but not limited to risks created by the following:
a. The use and condition of various modes of transportation, premises, facilities, and equipment, to, from, and during THE EVENT;
b. The inadequacy or lack of policies, rules, or regulations for THE EVENT;
c. The failure of LEGENDARIOS NEBRASKA INC, or its Representatives to foresee or to protect me from actions, inactions, or negligence of any person, animal, or another natural occurrence, or the recklessness, intentional, or criminal misconduct of persons other than those affiliated with LEGENDARIOS NEBRASKA INC; The inadequacy or unavailability of medical facilities or treatment; or d. The inadequacy or lack by LEGENDARIOS NEBRASKA INC, or its Representatives.
3. Assumption of Risk. I understand that THE EVENT will include activities and extreme physical challenges, in a natural outdoor environment, with no planned protections from the elements. I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in THE EVENT. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in THE EVENT. The following is a list of risks however, this list is not intended to be all-inclusive:
a. Acts of God and the elements of nature such as climate changes, extreme heat, rain, thunder and lightning, hypothermia, and heat exhaustion or heat stroke;
b. Injuries associated with hiking, kayaking, canoeing, and physical activity such as impacts with rocks and trees, physical exhaustion, and drowning;
c. Exposure to wild plants, wild animals, and animal bites including Insects, alligators, snakes, bears, wildcats, and razorbacks, wild hogs or any other animal.
4. Release and Waiver. I release LEGENDARIOS NEBRASKA INC, and its Representatives from any and all liability for and waive any and all claims for liability, injury, activity interruption due to unwillingness or rebellion or bad attitude, loss, damage, or expense, including attorneys' fees, in any way connected with my participation in THE EVENT, whether or not caused in whole or in part by the negligence or other misconduct of LEGENDARIOS NEBRASKA INC, or its Representatives (a "Claim").
5. COVID-19 release and waiver. I recognize that we are in the middle of a pandemic known as COVID-19 and that I release LEGENDARIOS NEBRASKA INC, and its representatives, agents, employees, and/or other volunteers harmless from any and all Covid-19-related injuries, accidents, costs, losses, causes of action, claims, damages and/or liability that may result from the attendance at one of our Legendaries events. I understand the Covid-19-related risks and I am willing to assume all of the potential risks related thereto on my behalf or on behalf of my minor child.
6. Indemnification. I agree to indemnify and to hold harmless LEGENDARIOS NEBRASKA INC, and its Representatives from any Claim, or any expense, including attorneys' fees (including the cost of defending any Claim I might make, or that might be made on my behalf, that is released or waived hereby), in any way connected with a Claim.
7. Binding Effect. This instrument shall be binding upon my relatives, personal representatives, heirs, beneficiaries, next of kin, and assigns and shall inure to the benefit of LEGENDARIOS NEBRASKA INC, and its Representatives.
8. Severability. If any provision (or a portion of any provision) of this instrument is held to be invalid or unenforceable, that provision shall be enforceable in part to the fullest extent permitted by law, and such invalidity or unenforceability shall not otherwise affect any other provision of this instrument.
9. Applicable Law. Because THE EVENT shall take place in the State of NEBRASKA, and in order to provide certainty in the law to be applied in the construction of this instrument, this instrument shall be governed, construed, and enforced in accordance with the law of the State of NEBRASKA.
10. Marketing Release. LEGENDARIOS NEBRASKA INC, and its Representatives may record every participant participating in THE EVENT at different times, via videotape, digital video, audiotape, digital audio, or photograph, and may use the applicant’s name, voice, or testimonial without restriction for the future promotional purpose of LEGENDARIOS NEBRASKA INC, or any related activity or event, unless stated otherwise in writing.
11. Consent to Medical Treatment. I authorize LEGENDARIOS NEBRASKA INC, and its Representatives, if present, to provide to me, through medical personnel of their choice, customary medical assistance, transportation, and emergency medical services should I require such assistance, transportation, or services as a result of injury or damage related to my participation in THE EVENT. This consent is given in advance of any specific diagnosis, treatment, surgery, or medications, and is given to provide authorization and specific consent for medical/dental treatment and care on my behalf. This consent does not impose a duty upon LEGENDARIOS NEBRASKA INC, and its Representatives to provide such assistance, transportation, or services.
12. Abstinence. I agree not to bring any form of drugs, alcohol, or cigarettes. In case I consume any of these items, I will be sent back home at my own expense or at the expense of my parents or legal guardian and my payment for the activity will not be reimbursed.
13. Health Insurance: I certify I have personal health insurance for providing medical services to me, which will provide coverage for me during the duration of THE EVENT. This coverage will insure me FULLY during the duration of said THE EVENT. If I do not have coverage, then I agree to self-insure. If I am traveling internationally, my health insurance includes FULL coverage in the foreign countries where I will travel, with no territorial limitations. I understand that LEGENDARIOS NEBRASKA INC, and its Representatives provide no health plan and that all medical expenses are my responsibility.
THIS IS A WAIVER, RELEASE OF LIABILITY, INDEMNIFICATION, AND CONSENT. I HAVE READ THIS WAIVER, RELEASE OF LIABILITY, INDEMNIFICATION, AND CONSENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I AM SIGNING THIS WAIVER, RELEASE OF LIABILITY, INDEMNIFICATION, AND CONSENT VOLUNTARILY.