RELEASE OF LIABILITY, WAIVER, AND ASSUMPTION OF RISK AGREEMENT
This Release of Liability, Waiver, and Assumption of Risk Agreement (this “Agreement”) is executed as of the date set forth below in connection with the obstacle course race known as the UltiMutt Race (“Race”) and Noble Dog Fest (“Festival”, collectively with Race, the “Event”) located at [Tryon International “Tryon Resort” 25 International Blvd., Mill Spring, NC 28756, United States] (“Property”) on [March 13 and 14, 2027] (“Event Date”), I hereby agree that on behalf of myself and any minor children or ward named below (collectively, “I,” “my,” “me,” or “myself”), hereby understand and agree that:
1. Event Organizer. The organizer and operator of the Event is Mbark Races, LLC (“Company”), together with any Event sponsor, promoter, producer, host, venue owner, property owner, property lessee, course designer, obstacle provider, vendor, exhibitor, contractor, subcontractor, volunteer, employee, officer, director, member, manager, agent, representative, affiliate, insurer, medical provider, veterinary provider, photographer, and other person or entity involved in organizing, hosting, sponsoring, staffing, or supporting the Event (collectively with the Company, the “Event Parties”).
2. Assumption of Risk. I acknowledge, understand, and accept that there are certain risks inherent in participating in the Event and that participation in the Event is VOLUNTARY. By signing this Agreement I agree to assume any and all risk associated with entry upon or departure from the Event Property, participating in or attending other Event races or activities, both known and unknown, including risks that may arise from the negligence or carelessness on the part of the Company, its employees, volunteers, or that of third parties. I understand that the risks could include property damage, minor personal injuries (such as scratches, bruises, strains, or sprains), or serious personal injuries (such as burns, fractures, dislocations, broken bones, concussions, permanent disability, paralysis, heart attack, stroke, heat stroke, hypothermia, drowning, or death) arising from: (i) exposure to ground that may be uneven, bumpy, slippery, muddy, or dusty, varying degrees of slope, or contain various trip and/or fall hazards, puddles, or ponds, (ii) colliding, hitting, sliding, running or jumping into or off of, or making physical contact with the obstacles, equipment, other participants, staff, volunteers, referees/judges, or spectators, (iii) lifting heavy objects, entanglement in leashes, equipment, or obstacles, the failure or breaking of obstacles, restraints, harnesses, leashes, collars, protective equipment, (iv) exposure to harsh, extreme, or rapidly changing weather or environmental conditions, (v) contact with insects, wild animals, and domestic animals that may sting, bite, or attack, (vi) possible exposure to illness, including the risk of serious illness or death from infectious diseases, including human and animal-borne illnesses, or foodborne illness, (vii) possible exposure to foods, plants, materials, insects, animals, and other allergens that may cause mild to severe allergic reactions, (viii) use of Company’s facilities, equipment, obstacles, supplies and/or materials, (ix) crowds, loud noise, unfamiliar animals and persons, and unpredictable circumstances beyond Event Parties’ control, and (x) any and all other types of risk reasonably inherent with these kinds of Event. I further acknowledge and accept the risk that the Pet may suffer stress, fear, escape, loss, theft, exhaustion, dehydration, illness, infection, heat-related injury, cold-related injury, poisoning, choking, drowning, bites, scratches, falls, collisions, fractures, other bodily injury, permanent impairment, or death due to its entry or departure from the Property or participation in or attendance at the Event.
3. Release of Liability; Waiver; Covenant Not to Sue. In consideration of being permitted to participate in the Event, I hereby agree on behalf of myself, any minor or ward named below, my heirs, estate, personal representatives, successors, and assigns (“Releasees”), to fully and irrevocably release and discharge to the fullest extent permitted by law the Event Parties from any and all claim, demand, cause of action, suit, liability, loss, damage, debt, judgments, executions, cost and expense whatsoever in law or in equity (collectively, “Claims”), arising out of or relating to: (i) my and my Pet’s presence at or participation in the Event; (ii) any personal injury, illness, temporary or permanent disability, death sustained by me; (iii) injury, disappearance, loss, or death of my Pet; (iv) loss of or damage to any other personal property; or (v) any rescue, medical veterinary, transportation, or other response undertaken or omitted in connection with me or my Pet, whether such Claims were caused by the negligence or carelessness on the part of the Event Parties or by any other reason. I agree, for myself and the Releasees, not to commence, maintain, assist, or voluntarily participate in any claim or proceeding against an Event Party concerning a matter released under this Agreement, except that this provision does not prohibit truthful testimony required by legal process. This Agreement is intended to be as broad and inclusive as permitted by North Carolina law. It does not release liability that cannot lawfully be released, including liability finally determined to have resulted from gross negligence, willful or wanton conduct, or intentional misconduct.
4. Indemnification. To the fullest extent permitted by law, I promise to indemnify, hold harmless and defend the Event Parties from and against any third-party claims, liability, judgment, damages, losses, costs, and expenses, including reasonable attorneys’ fees, resulting from or arising in connection with: (i) my or my Pet’s acts or omissions; (ii) my breach of this Agreement or violation of any Event rules; (iii) injury or damage caused by me or my Pet to any person, animal, or property; or (iv) any material inaccuracy in any representation made in this Agreement. I shall be responsible for the reasonable cost of repairing or replacing Event Party property damaged by me or my Pet, ordinary wear and tear excepted.
5. Representations Regarding Participating Pets. I represent and warrant that (i) I am the participating pet’s (the “Pet”) owner or have full authorization to bring the Pet to the Event and for the Pet to participate in the Event; (ii) the Pet is healthy, appropriately conditioned, and capable of safely participating in the Event; (iii) the Pet has no behavioral history that would make the Pet’s attendance or participation unreasonably dangerous to the Pet, myself, other participants or attendees, or other participating pets; and (iv) the Pet received all vaccinations (including Rabies, Bordetella, and DHPP), licenses, and other preventive care required by applicable law and the Event rules.
6. No Representations by Company. I acknowledge that the Event Parties make no representation as to the condition of the Property or the safety of any obstacles, structures or equipment that may be used at the Property or during the Event. I accept and shall use the Property, obstacles, and structures in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by the Company or the Company’s employees, agents, or representatives regarding this Agreement, except to the extent such representations are expressly set forth in this Agreement.
7. Responsibility for Personal Property. I acknowledge and agree that I am fully and solely responsible for any of my property, including my Pet, and personal belongings that I bring onto the Property and that the Event Parties will not be responsible for or provide any security for my property and personal belongings.
8. Statement of Fitness. I acknowledge and represent that I understand the nature of the Event and that I am, in good health, have the appropriate equipment, attire, and footwear for the Event, and in proper physical condition to participate in such Event. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Event.
9. Medical Treatment. I understand that Event Parties have no responsibility for providing or seeking medical care for me or my Pet in the event of an injury during the Event or while I am on the Property and that I am liable for all costs associated with treatment, including transportation costs.
10. Agreement to Follow Rules. I agree to follow any and all rules set by Company and to require that my Pet, follow all such rules which will be provided prior to the start of the Activity. I further acknowledge and agree that Company reserves the right, in its sole and absolute discretion, to deny me or my Pet from participating in the Activity and to ask me or my Pet to leave for failure to abide by any rules established by the Company or for any other reason.
11. Use of My Likeness. I irrevocably grant Company the right to photograph, videotape, and record me and my child or ward and to use my or my child or ward’s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, social media, and promotional materials without reservation or limitation. I acknowledge that Company will own such images and I waive on behalf of myself, my child or ward any right to inspect or approve the use of the image by Company prior to its use. I understand and agree on behalf of myself, my child or ward that we shall receive no compensation for the use of our image. I forever release and hold Company harmless on behalf of myself, my child or ward from any and all liability arising out of the use of the images, recordings and/or audio in any manner or media whatsoever and waive any and all claims and causes of action relating to use of the images, recordings and/or audio, including without limitation, claims for invasion of privacy rights or publicity. In the event I choose not to allow the use of my, my child or ward’s likeness for said purposes, I agree that I must inform Company of this in writing.
12. Governing Law; Venue; Costs & Fees. I agree that this Agreement will be governed by the laws of the state where the Event occurs (the “State”) without regard to the State’s conflict of law principles, and that any dispute arising from this Agreement will be brought exclusively in the state or federal courts located in the county where the Event occurred. If any action or legal proceeding is brought to enforce or interpret the validity of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs.
13. Waiver. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.
14. Survival; Severability. Any provision of this Agreement providing for performance by either party after termination of this Agreement shall survive such termination and shall continue to be effective and enforceable. If any provision of this Agreement is held to be invalid, void or unenforceable, the balance of its provisions will, nevertheless, remain in full force and effect and will in no way be affected, impaired, or invalidated.
15. Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. The Parties agree that electronic means, including signing by selecting the corresponding checkbox on runsignup.com, may be used to sign and deliver this Agreement and shall be deemed to be duly and validly signed, delivered, and effective for all purposes and shall constitute a legally enforceable original document. This Agreement is intended to be for the benefit of the Company and Released Parties and shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. No change, modification, amendment, or addition of or to this Agreement shall be valid unless in writing and signed by authorized representatives of the parties. This Agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
I HEREBY CONFIRM THAT BY SIGNING OR CLICKING TO SIGN THIS AGREEMENT, I AM REPRESENTING THAT I 1) HAVE READ THIS ENTIRE DOCUMENT PRIOR TO SIGNING IT AND I FULLY UNDERSTAND ITS CONTENT, 2) UNDERSTAND THAT THIS AGREEMENT RELEASES CLAIMS, INCLUDING CERTAIN CLAIMS ARISING FROM ORDINARY NEGLIGENCE, AND AFFECTS SUBSTANTIAL LEGAL RIGHTS, 3) I UNDERSTAND AND VOLUNTARILY ACCEPT THE RISKS TO THE MYSELF AND MY PET; 4) HAVE CONSULTED WITH AN ATTORNEY OR BEEN GIVEN THE OPPORTUNITY TO DO SO BEFORE SIGNING, 5) I SIGN FREELY AND VOLUNTARILY; 6) AM THE AGE OF MAJORITY AND COMPETENT TO SIGN THIS AGREEMENT, AND 7) INTEND THIS AGREEMENT TO BE BINDING TO THE FULLEST EXTENT PERMITTED BY LAW.
