MOOSE ON THE LOOSETM RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE MOOSE ON THE LOOSETM, ITS CORPORATE, COMPANY AND INDIVIDUAL SPONSORS AND OTHER PARTIES. DO NOT REGISTER FOR THIS EVENT UNLESS YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.     
   
IN CONSIDERATION of Moose on the LooseTM allowing me to participate in any event (the Event or Events) I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the Agreement); 

1. I hereby represent that (i) I am in good health and in proper physical condition to participate in the Event; and (ii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event. 

2. I understand and acknowledge the physical and mental rigors associated with triathlon, duathlon, other multi-sport events, or winter events and realize that running, cycling, fat biking, snowshoeing, xc skiing and other portions of such Events are inherently dangerous and represent an extreme test of a persons physical and mental limits. I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, permanent disability, paralysis and death; loss or damage to property; exposure to extreme conditions and circumstances; accidents, illness, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined harm or damage which may not be readily foreseeable, and other presently unknown risks and dangers (Risks). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the acts, inaction or negligence of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in the Event. 

3. I agree to be familiar with and abide by the Rules and Regulations established for the Event, including but not limited to the Competitive Rules adopted by Moose on the LooseTM. I also accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment. 

4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: Moose on the LooseTM, the Event Organizers, and Promoters, Race Directors, Sponsors, T&K Turpin Ventures, LLC., Advertisers, Host Cities, Local Organizing Committees, Venues, Property Owners and State of Idaho and Idaho Department of Parks & Recreation Operations (including but not limited to Harriman State Park) upon which the Event takes place, Law Enforcement Agencies and other Public Entities providing support for the Event, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the Released Parties or Event Organizers), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature (Liability) which may arise out of, result from, or relate to my participation in the Event, including claims for Liability caused in whole or in part by the negligence of the Released Parties. 

5. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which any may be incurred as the result of such claim. 

6. I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. 

7. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. 

8. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

9. This Agreement shall be construed and governed according the laws of the State of Idaho.

10.  No persons under the age of 18 will be allowed to compete in the Moose on the LooseTM without authorized parental or legal guardian ship signature of this agreement waver! Parent or legal guardian must read the above waver and use digital signature if online.  No one under the age of 12 will be allowed to compete, unless pre-approved by race director and parental consent with parental signature on this waiver!

By submitting this entry, I acknowledge (or a parent or adult guardian for all children under 18 years and no one younger than 12) having read and agreed to the above release and waiver including the no refund policy.

Please type your full name or guardian of someone younger than 18.