GEAR RUSH SKILLS PARTICIPANT
RELEASE AND WAIVER OF LIABILITY
BY SIGNING THIS AGREEMENT YOU, THE UNDERSIGNED PARTICIPANT, ARE WAIVING CERTAIN LEGAL RIGHTS, PLEASE READ THE
AGREEMENT IN ITS ENTIRETY BEFORE SIGNING.
In consideration of being allowed to participate in any way in the Gear Rush Skills Event (the “Event”), related events and activities, the undersigned participant
(“Participant”) acknowledges, appreciates, and agrees that:
Physical Condition of Participant: Participant represents and warrants that he or she (i) is in good health, (ii) physically fit to participate in the Event, (iii) has participated in
previous cycling activities without accident or injury, (iv) has not been advised of any adverse health conditions by a medical practitioner, (v) has no special problems associated
with his or her care, (vi) has left no special instructions regarding his or her care in the event of accident or emergency during the Event, (vii) will not participate in the Event
under the influence of alcohol, drugs, or anything that could impair the Participant’s actions, (viii) will at all times during the Event wear the appropriate protective gear required
for participation, and (ix) will at all times during the Event abide by all Event rules and regulations.
Assumption of the Risk: Participant accepts and understands that cycling, mountain biking, climbing, descending, jumping, or other similar activities that may be required while
participating in the Event are HAZARDOUS sports that have many dangers and risks. Participant realizes that injuries are common and ordinary occurrence of this sport despite
best efforts in prevention. Participant agrees as a condition of being allowed to participate in the Event and use the area facility and premises, that Participant knowingly and freely
accepts and voluntarily ASSUMES ANY AND ALL RISKS OF PERSONAL INJURY OR DEATH and for any PROPERTY DAMAGE which results in any way from
negligence, conditions on or about the premises and facilities, and inherent dangers and risks of the Event including: changing weather conditions; existing and changing terrain
conditions. Participant understands and agrees that the foregoing risks may not be anticipated, controlled, or eliminated by any Released Party (defined below). Participant agrees
that he or she will be deemed a Participant for the purposes of this Agreement at all times.
Release, Waiver, and Indemnity: Participant hereby release and forever discharge and agree to save and hold harmless Gear Rush Skills, their respective parent companies,
subsidiaries and affiliates, and the members, officers, directors, agents, servants, employees, and volunteers, of each, the event hosts and property owners, and the owners, lessors
and lessees of facilities and equipment used in connection with the Event, the respective organizers, directors, officers, employees, agents, and volunteers of all of them, and the
other participants in the Event (each such entity or individual being referred to as a “Released Party”) of and from any and all injuries (including personal injury, disability,
dismemberment, and death), illness, losses, damages, claims, demands, actions, causes of action, liabilities or expenses of any kind or nature (and whether accruing to Participant,
his or her heirs or his or her personal representatives) that are caused or alleged to be caused in whole or in part by the action, negligence or failure to act of any Released Party and
that arise out of or in connection with the Event or Participant's participation therein or attendance thereat.
Inspection of Equipment: Participant agrees that before participation in the Event, Participant will inspect premises and any equipment he or she may use during the
Event. Participant will immediately advise the supervisor of the Event of any unsafe condition that he or she observes. Participant will refuse to participate in the Event until all
unsafe conditions observed by him or her have been remedied and his or her equipment is in good and working order.
Medical Treatment: In connection with any injury Participant may sustain or illness or other medical conditions Participant may experience during participation in or attendance at
the Event, Participant authorizes any emergency first aid, medication, medical treatment or surgery deemed necessary by the attending medical personnel if Participant is not able
to act on his or her own behalf. Participant further authorizes the attending medical personnel to execute on Participant's behalf any permission forms, consents or other appropriate
documents relating to medical attention and to act on Participant's behalf if Participant is not able or immediately available to do so. Further, Participant agrees that he or she shall
be solely responsible to pay any and all hospital, medical, rescue, or treatment costs incurred that arise out of any personal injury sustained by Participant through his or her
participation in the Event and shall indemnify and hold harmless the Released Parties of and from any costs incurred therein.
Identity License: As a condition of Participant's being permitted to participate in the Event, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Participant hereby grants permission to Gear Rush Skills, and its subsidiaries and affiliates (“Licensees”) to utilize Participant's appearance, name, voice and
likeness in connection with the Event in any and all manner and media throughout the world in perpetuity. Participant hereby waives any right that Participant may have to inspect
or approve any finished product or any advertising copy that may be used in connection therewith or the use to which it is applied. Participant hereby warrants that Participant has
the right to make this release and that Participant's granting this release and the rights conveyed thereby will not infringe the rights of any third party. Participant hereby assigns all
right, title and interest Participant may have in any and all media in which any or all of Participant's appearance, name, voice or likeness have been captured in connection with the
above to Licensees, along with full rights of assignability.
Indemnification: Participant agrees to indemnify each Released Party and to hold each of them harmless against any and all liabilities to which a Released Party may become liable,
directly or indirectly, arising out of, or relating to, Participant’s participation in the Event, unless it is determined that the such liability resulted from the gross negligence or willful
misconduct of the particular Released Party. Participant also agrees that no Released Party shall have any liability (whether direct or indirect, in contract or tort or otherwise) to
Participant or any of his or her family or next of kin, directly or indirectly, arising out of, or relating to, Participant’s participation in the Event, unless it is determined that the such
liability resulted from the gross negligence or willful misconduct of the particular Released Party.
Disputes; Choice of Law: Participant agrees that any and all disputes between himself or herself and Gear Rush Skills or any of their respective subsidiaries or affiliates arising from
his or her participation in or attendance at the Event including claims for personal injury and/or death, WILL BE GOVERNED BY THE LAWS OF THE STATE OF UTAH and
EXCLUSIVE JURISDICTION thereof will be in the state or federal court residing in the county of Salt Lake, state of Utah.
Severability: Participant agrees that the foregoing Release and Waiver is intended to be as broad and inclusive as is permitted by law. Any provisions herein found by a court to be
void or unenforceable shall not affect the validity or enforceability of any other provisions.
Binding Effect: This Release and Waiver shall be binding upon Participant, his or her assignees, subrogors, distributees, heirs, next of kin, executors, personal representatives, and
administrators and may be pled by Gear Rush Skills as a complete bar and defense against any claim, demand, action or causes of action by or on behalf of the Participant.
I HAVE CAREFULLY READ THE FORGOING RELEASE AND WAIVER OF LIABILITY, UNDERSTAND ITS CONTENTS, AND AGREE TO ITS TERMS,
WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE. THIS RELEASE AND WAIVER OF LIABILITY IS ENTERED INTO BY THE UNDERSIGNED
PARTICIPANT AS OF THE DATE INDICATED BE
