MARCH MADNESS MUD RUN (RUNNER)
THOMAS FALLS, INC.
ZIP-LINE, ACTIVITIES AND PROPERTY USE RELEASE OF LIABILITY WAIVER
EXPOSURE PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
BELOW IS THE TEXT FROM THE RUNNER WAIVER. YOU WILL NEED TO READ IT AND CLICK THE "REGISTER" BUTTON AT THE BOTTOM TO PROCEED TO THE REGISTRATION FORM.
1. I understand that I am entering MARCH MADNESS MUD RUN, a rigorous activity.
2. I understand that MARCH MADNESS MUD RUN presents obstacles including, but not limited to, water obstacles, mud pits, hills and tire wall climb.
3. I agree not to participate unless I am medically able.
4. I agree to not consume alcohol prior to MARCH MADNESS MUD RUN or ingest any medicines or substances that will inhibit my mental or physical ability to safely and effectively participate in MARCH MADNESS MUD RUN.
5. I agree to abide by any decision of a race official relative to my ability to safely complete the race.
6. I agree to obey all civil and criminal laws at all times.
7. I assume all risks associated with competing in MARCH MADNESS MUD RUN, including but not limited to falls, contact with other participants, negligent or wanton acts of other participants, completing all obstacles, defects or condition of premises, the effects of the weather, including high heat and/or humidity, all such risks being known and appreciated by me.
8. I agree that THOMAS FALLS INC., is not responsible for any personal items or property that are lost or stolen in the gear check area.
9. I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as medical professionals may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency.
10. I understand and will abide by the rule that no wheeled baby conveyances or other wheeled means of conveyance, or pets are permitted in the race.
11. I grant permission to THOMAS FALLS INC., its affiliates, sponsors, and assigns to use any photographs, motion pictures, recordings or any other record of this event for purposes, including but not limited to, promoting, advertising and marketing purposes. Any and all photographs, motion pictures, recordings or other records of the event are the sole property of THOMAS FALLS INC.
12. I understand that all entries are final with no refunds.
13. The official race directors reserve the right in any event of emergency or local or national disaster to cancel the race and in the event of cancellation or change there is no refund of entry fees.
14. Participants are expected to exhibit appropriate behavior at all times, including obeying all laws. This includes respect for all people, equipment, and facilities, and cooperative, positive participation. MARCH MADNESS MUD RUN may dismiss, without refund, anyone whose behavior endangers safety or negatively endangers safety or negatively affects a race, a person, a facility, or property of any type or kind. I also agree to indemnify THOMAS FALLS INC., its affiliates and assigns, from any and all third party claims caused in whole or in part by my actions.
15. I am at least 18 years old, OR I am the Parent/Guardian of a minor, and have reviewed this waiver and consented to its Waiver & Release of all claims & assumption of risk.
Waiver & Release of all claims & assumption of risk
I recognize and acknowledge that there are certain risks of physical injury to participants in MARCH MADNESS MUD RUN, and I voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that my minor child/ward or I may sustain as a result of said participation. I further agree to waive and relinquish all claims I or my minor child/ward may have (or accrue to me or my child/ward) as a result of participating in these activities against THOMAS FALLS Inc. including its officials, agents, volunteers, sponsors, and employees (hereinafter collectively referred to as THOMAS FALLS INC. or MARCH MADNESS MUD RUN). I do hereby fully release and forever discharge THOMAS FALLS INC. from any and all claims for injuries, illnesses, damages, expenses, or loss that my minor child/ward or I may have or which may accrue to me or my minor child/ward and arising out of, connected with, or in any way associated with the race, program or activities. I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims. When registering online, my online signature shall substitute for and have the same legal effect as an original form signature. PARTICIPATION WILL BE DENIED, if the signature of an adult participant or parent/guardian and date are not signed at the time and place of the race. THOMAS FALLS INC. is committed to conducting its race and activities in a safe manner and holds the safety of participants in high regard. THOMAS FALLS INC. continually strives to reduce such risks and insists that all participants follow safety rules and instructions that are designed to protect the participants’ safety. However, participants and parents/guardians of minors registering for the race, programs/activities must recognize that there is an inherent risk of injury when choosing to participate in recreational activities/programs. Thomas Falls strives to provide obstacles that are safe, however does not take responsibility for the proper construction of these obstacles to guarantee that they will not fail or cause injury due to falls, dives, slips, cuts, bruises abrasions or any other injury from the fault of the obstacle or its construction, height or proximity to other object which will cause injury. Any encouragement by Thomas Falls Staff or volunteers is solely non-binding on the participant and should not be construed to be approval of the encouraged activity, I understand that I, and I alone, determine my approach to the participation in all activities and assume responsibility for my minor child/ward’s ability to make the same decisions. My judgment is the sole orator of my decision for me, or my minor child/ward, to attempt the obstacle. I am solely responsible for determining if I, or my minor child/ward, is physically fit and/or skilled for the race or activities contemplated by this agreement. It is always advisable, especially if the participant is pregnant or disabled in anyway or recently suffered an illness, injury or impairment, to consult a physician before undertaking any physical activity. I do hereby fully release and forever discharge THOMAS FALLS INC. its officers, heirs, assigns, administrators, personal representatives and executors, firms, corporations, businesses, past and present employees, owners, agents, shareholders, volunteers, supervisors, participants, all city, county, and state governments, and all sponsors, their representatives and successors and others persons, for any claim arising or of an injury to me or my minor child/ward from any and all claims, causes of actions, obligations, lawsuits, charges, complaints, contracts, controversies, covenants, agreements, promises, damages, costs, expenses, responsibilities, of whatsoever kind, nature or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, from all claims or liabilities of any kind arising out of the participation in this event I attest that I have the appropriate health and liability insurance for me or my minor child/ward.
I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims.
THOMAS FALLS - PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
BELOW IS THE TEXT FROM THE THOMAS FALLS PARTICIPATION WAIVER. IT IS FOR EVERYONE THAT WILL BE GOING ONTO THE PROPERTY BEYOND THE PARKING LOT (BOTH RUNNERS & NON-RUNNERS). YOU WILL NEED TO READ IT AND CLICK THE "REGISTER" BUTTON AT THE BOTTOM TO PROCEED TO THE REGISTRATION FORM.
In consideration of the services of Thomas Falls Challenge Course LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "TFCC"), I hereby agree to release, indemnify, and discharge TFCC, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:s:
1. I acknowledge that my participation in Zip-Line, Sky-Bridge, Rope Cross, Rope Wall, UTV, Floating Styrofoam Bridge, Paddleboats, Canoes, Raft Cross, Broken Bridge, Triangle Wall Climb, Rope & Barrel Cross, Tarp Slide, Net Climb, Log Walk, Tire Wall, Maze, and Gravity Barn activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slips and falls; falling from significant heights; rope burns; pinches, scrapes, major injuries are a risk as are sprains, strains, scratches, bruises, abrasions, cuts, lacerations, broken bones, fractures, musculoskeletal injuries including head, neck, and back injuries; injuries to internal organs; loss of fingers or other appendages; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, and dehydration; accidental drowning; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; equipment failure; the negligence of other participants or persons who may be present; the forces of nature, including lightning and rapid weather changes; transmissible pathogen or disease; standing or walking near slopes and steep cliffs; my own physical condition, and the physical exertion associated with this activity.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a properly fitted and secured certified helmet while participating in this activity and or I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) while participating in this activity.
3. Indemnity, release and hold harmless agreement in favor of TFCC. I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless TFCC from any and all claims, demands, or causes of action based upon or arising out of injuries, including death, to persons, or damages to or destruction of property, sustained or alleged to have been sustained in connection with, arising out of, or in any way related to my participation in this activity or my use of TFCC’s equipment or facilities, including any such claims, demands or causes of action which are based or founded, in whole or in part, upon the alleged negligent acts or omissions of TFCC.
4. Should TFCC or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against TFCC, I agree to do so solely in the state of Texas and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against TFCC on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at TFCC. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.