Released Parties include WESTERN RACQUET & FITNESS CLUB Inc and its directors, officers, employees, agents, contractors, insurers, spectators, co-participants, equipment suppliers, and volunteers; Venue and their directors, officers, employees, agents, contractors, insurers, equipment suppliers, and volunteers; all WESTERN RACQUET & FITNESS CLUB Inc ENDURE 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, predecessor, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives of any of the foregoing.
Releasing Parties include: the participant 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 ENDURE event is meant to be a test of toughness, strength, stamina, camaraderie, and mental grit that takes place in one several locations over a twenty-four-hour period. Venues are part of the challenge and usually involve hostile environments that might include extreme heat or cold, snow, mud, extreme changes in elevation, and water. Some of the activities include runs, military style obstacles, climbing walls, throwing or carrying or getting hit with heavy objects, and grappling with other participants. In summation, the ENDURE event is a hazardous activity that presents the ultimate physical and mental challenge to participants.
I acknowledge that the ENDURE event is an extreme 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 ENDURE event) regardless of the care and precautions taken by WESTERN RACQUET & FITNESS CLUB Inc (hereafter used when referring to the corporate entity Western Racquet & Fitness Club and Released Parties). I also understand that it is extremely strenuous with the accompanying risks and dangers generally present in such activities. I understand that these hazards may be magnified due to the fact that the ENDURE event may be conducted under what may be extreme conditions and circumstances.
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 event 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) encounter with obstacles (e.g., natural and man-made water, road and surface hazards; 3) equipment related hazards (e.g., broken, defective or inadequate equipment, unexpected equipment failure, imperfect event/venue conditions); 4) weather-related hazards (e.g., extreme heat, extreme cold, humidity, ice, rain, fog); 5) inadequate or negligent first aid and/or emergency measures; 6) judgment- and/or behavior-related problems (e.g., erratic or inappropriate co-participant or spectator behavior, erratic or inappropriate behavior by the participant, errors in judgment by personnel working the event); 7) natural hazards (e.g. uneven terrain, rock falls, lightning strikes, earthquakes, wildlife attacks, contact with poisonous plants, marine life, ticks and untested soil/mud contaminated with bacteria or other similar hazards).
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, strains, muscle tension and soreness, nausea, cuts, sunburn, abrasions, grazes, lacerations, and contusions. Serious injuries are less common, but do sometimes occur. They include but are not limited to property loss or damage, broken bones, fractures, torn or strained ligaments and tendons, concussions, exposure, dehydration, heat exhaustion and other heat-related illnesses, mental stress or exhaustion, infection, vomiting, dislocations, hyperthermia, hypothermia, anemia, electrolyte imbalance, loss of consciousness, syncope, dizziness, fainting, seizures, electric shock and/or injury, and neurological disorders/pain. Catastrophic injuries are rare; however, we feel that our participants should be aware of the possibility. These injuries can include, but are not limited to, permanent disabilities, stroke, single or multiple organ failure or dysfunction, physical damage to organs, spinal injuries, paralysis, heart attack, heart failure, blood cell disorder, brain swelling, and even death.
I also understand that it is my responsibility to consult with my personal physician prior to my participation in the ENDURE event 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 ENDURE event’s schedule, venues, facilities, equipment, and areas to be used, and if I believe, or become aware that any are unsafe or poses unreasonable risks, I agree to immediately notify appropriate personnel. By participating in the Endure event, I am acknowledging that I have found the venues, 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 of my participation in the ENDURE event 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 Endure event; 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 ENDURE event. I hereby assert that I knowingly assume all of the inherent risks of the activity on behalf of myself and take full responsibility for any and all damages, liabilities, losses, or expenses that I may incur as a result of participating in the ENDURE event.