Waiver and Release of Liability
I, the undersigned, in consideration of my participation in a race (the “Race”) operated by South Pacific Watersports, an American Samoa company ("SPW"), hereby certify the following:
I understand that participating in a running Race involves certain risks, including, but not limited to, falls, contact with other participants, the effects of weather, traffic, conditions of the road, the possible reckless conduct of other participants, including the potential the contraction of a communicable disease resulting from contact with other participants/members, volunteers, race personnel, contract service providers, employees, and spectators, and other risks, known and unknown, which may result in property damage, serious personal injury/illness, or death. All stresses and hazards associated with this activity cannot be foreseen. I am voluntarily participating in the Race with knowledge of dangers involved and hereby agree to accept any and all inherent risks or property damage, personal injury/illness, or death. I am participating in the Race at my own risk and I am aware and understand that I am responsible for my own safety.
I certify as a material condition to my being permitted to enter this Race that I am physically fit and sufficiently trained for the completion of this event and that my physical condition has been verified by a licensed health care provider.
I understand that this event does not provide for refunds in the event of a cancellation due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy, and by signing this waiver, I consent that I am not entitled to a refund if the event is cancelled before or during the event.
I understand and agree that SPW is not responsible for any loss of property, injury/illness or death which may occur at the Race, wherever, whenever or however the same may occur, including owing to ordinary negligence on the part of SPW, with other participants, volunteers, race personnel, contract service providers, directors, officers, employees, and spectators, and I assume full responsibility for any such injuries/illnesses, damages or losses that may occur at the Race.
I hereby consent to the use by SPW, and its agents, assigns and licensees, of my name, photo, likeness or film, video and/or sound recording of me, to promote the Race or for any other proper purpose and in any manner, in the sole discretion of SPW. I expressly disclaim all rights to all values and benefits SPW may gain through the use of such information.
I understand and acknowledge that SPW has no duty to provide me with medical treatment. I further understand and agree that I am financially responsible for any medical treatment that I may receive before, during or after the Race, and I hereby release SPW, and its agents, directors, officers, volunteers, and employees from any liability, financial or otherwise, for any such medical treatment that I may receive.
I for myself, my heirs, executors, personal representatives, successors and assigns agree to release, discharge, defend, hold harmless and indemnify SPW, volunteers, race personnel, contract service providers, directors, officers, employees, spectators, and its officers, directors, committee members, affiliates, agents, servants, successors, assigns, sponsors and representatives, of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever which may arise or in the future accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen, bodily and personal injuries/illnesses, property loss or damage, or the consequences which result from or in any way relate to my participation in the Race, including any claims related to course design or condition, weather, the acts of spectators or other participants, or that are based on the ordinary negligence on the part of SPW, its agents, volunteers, directors, officers, employees or other parties named above.
I agree to abide by all race rules, and policies and procedures of SPW with respect to the Race and my participation in the Race, and I hereby acknowledge that I have been provided with or been made aware of such race rules, and policies and procedures. I understand and agree that any race rules, and policies and procedures may be changed by SPW with or without notice and SPW reserves the right to deny or terminate my participation in the Race at any time for any reason, in SPW's sole discretion.
Having read and understand agree to the contents of the above release and waiver, I affirm that I am of legal age (or a parent or adult guardian for all children under 18 years) to sign this document and I am signing it voluntarily and without inducement.