Tough Mudder LLC
Spectator & Volunteer Legal Liability Agreement
Spectators & Volunteers: READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS. IF YOU ARE A PARENT OR GUARDIAN OF A SPECTATOR UNDER THE AGE OF 18 WHO IS ATTENDING THE TOUGH MUDDER EVENT WITH YOU, BY AGREEING TO THIS DOCUMENT, YOU HEREBY GIVE APPROVAL FOR YOUR CHILD'S ATTENDANCE AT THE TOUGH MUDDER EVENT.
Parties
Released Parties include TOUGH MUDDER LLC and its directors, officers, employees, agents, contractors, insurers, spectators, equipment suppliers, and volunteers; THE HIGHLANDS SPORTSMEN'S CLUB AND KENNELS LLC, and its directors, officers, employees, agents, contractors, insurers, equipment suppliers, and volunteers; all TOUGH MUDDER LLC 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.
Releasing Parties include: the spectator or volunteer as well as his or her 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 the spectator's or volunteer's behalf.
Assumption of Inherent Risks
The Tough Mudder event (hereafter referred to as the TM event) is a hazardous activity that takes place in a dangerous and hostile environment. Some of the activities include runs, military style obstacles, going through pipes, traversing cargo nets, climbing walls, encountering electric voltage, swimming in cold water, throwing or carrying heavy objects, and traversing muddy areas. The environment, the activities, and the competitive efforts of the participants can put spectators and volunteers at serious risk of injury. Some of the inherent risks to spectators and volunteers include, but are not limited to contact or collision with 1) persons or objects (e.g., collision with other spectators, course personnel, participants), motor vehicles or machinery, and natural or man-made fixed objects or obstacles); 2) obstacles (e.g., natural and man-made water, road and surface hazards, close proximity and/or contact with thick smoke and open flames, barbed wire, pipes, and electric shocks); 3) weather-related hazards (e.g., extreme heat, extreme cold, humidity, ice, rain, fog); 5) inadequate first aid and/or emergency measures; and 6) judgment- and/or behavior-related problems (e.g., erratic or inappropriate behavior by participants, personnel, or other spectators, and errors in judgment by personnel working the event). 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. Common minor injuries include, but are not limited to: scrapes, bruises, sprains, nausea, and cuts. Less common serious injuries also 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 spectators and volunteers should be aware of the possibility. These injuries can include permanent disabilities, spinal injuries and paralysis, stroke, heart attack, and even death.
I understand fully the inherent risks of a spectator or volunteer for a TM event. I have read the preceding paragraphs and acknowledge that I know, understand, and appreciate the risks of being a spectator or volunteer. 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 my presence at the TM event.
Waiver of Liability for Ordinary Negligence
In consideration of being permitted to be a spectator and/or volunteer in the TM event, I (on behalf of the Releasing Parties) hereby forever waive, release, covenant not to sue, and discharge Tough Mudder LLC and the other Released Parties from any and all claims resulting from the INHERENT RISKS of the TM event or the ORDINARY NEGLIGENCE of Tough Mudder LLC (hereafter used when referring to the corporate entity and other released parties) that I may have arising out of my presence at the TM event.
This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from the TM event. 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 attend the TM event 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 Tough Mudder LLC (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 attendance at the TM event; and 2) Against any and all claims of co-spectators, co-volunteers, rescuers, and others arising from my conduct in the course of my attending the TM event. 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 sooner termination of the TM event.
Other Agreements
1) I assert that this Agreement is intended to be as broad and inclusive as is permitted by the State and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then the remaining portions shall remain in full effect.
2) I affirm that this agreement supersedes any and all previous oral or written promises or agreements; constitutes the entire agreement between me and Tough Mudder, LLC; and can be amended only by a written document duly executed by all parties.
3) 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 presence at the TM event shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. The cost of such action shall be shared equally by the parties.
Limitations to Spectators and Volunteers
I understand that I have been granted permission to be a spectator or to serve as a volunteer for the TM event. I understand that this DOES NOT GRANT ME PERMISSION TO PARTICIPATE in any part of the TM event. I affirm that I have not paid the fee required to participate and recognize that should I participate in any activity, Tough Mudder LLC will eject me from the premises immediately and will, under no circumstances, be held responsible or liable for any injury which I may suffer while participating illegally.
Health-Related Permissions by Spectators and Volunteers
In the event of an injury or illness that renders me unconscious or incapable of making a medical decision, I authorize appropriate Tough Mudder LLC 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 further authorize Tough Mudder LLC to secure necessary emergency medical care or transportation (i.e., EMS) and I agree to assume all costs of emergency medical care and transportation.
Acknowledgment of Understanding
I have read this Assumption of Risk, Waiver of Liability, and Indemnification Agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I further acknowledge that I am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability due to ORDINARY NEGLIGENCE of Tough Mudder LLC or the INHERENT RISKS of the activity, to the greatest extent of the State.