I understand and acknowledge that participation as a Race Guard involves risks such as, but not limited to, the following which might result from the use of equipment or facilities, from the Activity itself, from the acts of others, or from the unavailability of emergency or emergency medical care. RISK OF PROPERTY DAMAGE, BODILY INJURY, AND POSSIBLE DEATH.
ASSUMPTION OF RISK
I AGREE TO ASSUME ALL RISKS THAT ARISE OUT OF THE USE OF THE EQUIPMENT OR FACILITIES, THE ACTIVITY ITSELF, THE ACT OF OTHERS, OR THE UNAVAILABILITY OF EMERGENCY CARE, including but not limited to, those RISK FACTORS described in the RISK FACTORS section, above.
PREREQUISITE SKILLS AND TRAINING
I acknowledge that I have received and obtained the required certifications to participate as a Race Guard including CPR, First, Aid and AED certifications in addition to attending one of the Race Guard training sessions. I also affirm and acknowledge that I am comfortable and competent in using the skills, training, qualifications, and physical abilities to properly and safely use of the equipment and facilities as required while serving as a Race Guard at a sanctioned event. I also acknowledge and agree that if I have any questions as to what skills, qualifications or training is necessary to properly use the equipment, facility, or to participate in the Activity itself, then I shall direct such questions to the appropriate staff member on site.
In return for being allowed to participate as a Race Guard at the Event, I agree not to sue and to release Race Guards Foundation and Race Guards LLC and its affiliates, subsidiaries, owners, shareholders, investors, officers, directors, partners, agents, representatives and employees, successors and assigns (collectively, the “RG Entities”), the sponsors of the Event, (collectively with the RG Entities, the "Releasees") for, from and against any and all present and future liabilities, obligations, damages, losses, claims, demands, costs or expenses (collectively, "Claims") that may be made by me, my family, estate, heirs, or assigns for property damage, personal injury, or death arising as a result of my participation in the Event including, without limitation, in connection with transportation to and from the Event, wherever, whenever, or however the same may occur. I understand and agree that the Releasees are not responsible for any injury or property damage arising out of the Event, even if caused by their own negligence. I understand that participation in the Event involves certain risks, including, but not limited to, serious injury and death. I am voluntarily participating in the Event with knowledge of the danger involved and agree to accept all risks of participation. I consent to administration of first aid and other medical treatment in the event of injury or illness. I understand that this document is intended to be as broad and inclusive as permitted by the laws of the state in which the Event is taking place and agree that if any portion of this Agreement is invalid, the remainder will continue in full legal force and effect. I further agree that any legal proceedings related to this waiver will take place in San Diego, California.
NON-PROFESSIONAL TALENT RELEASE
I hereby release and consent to the use of the photographs, videotape, motion picture or sound recording taken of me as described above for advertising purposes, trade and commercial purposes, publicity or publication in any lawful manner and hereby release 3M and the assignees of 3M from any and all liability to me for such use of the aforementioned.
I declare that I have the rights for the use of my support materials and they are free of and/or not encumbered by copyright, and/or I have secured the rights of said materials.
I understand that 3M will rely upon this consent and release and that 3M may make commitments to others regarding the use of said material. I understand and agree that if I wish to revoke this release, I will give 3M written notice by certified mail at the above address and that such revocation will be applicable only to the future use of such photographs for which 3M has made no commitments. (I represent and warrant that I am over the age of majority.)
I further acknowledge that as part of my participation as a Race Guard, my image and likeness via photographs, video, and other images may be taken. I fully acknowledge this and I grant Race Guards, LLC and the RG Entities the right to take photographs of me in connection with my participation as a Race Guard. I authorize the Race Guards, LLC and the RG Entities to copyright, use and publish these images and/or video for any and all lawful purpose including in print, electronic media, and other advertising and promotional purposes.
I agree to waive the protection afforded by any statute or law in any jurisdiction including California Code 1542 whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise which I do not know of or suspect at the time of executing the release. This means, in part, that I may be releasing unknown future claims.
INDEMNIFY AND DEFEND
I agree to INDEMNIFY AND DEFEND Race Guards Foundation, Race Guards LLC, its auxiliary organizations, the officers, shareholder, investors, employees and agents (hereinafter jointly referred to as "indemnitee") of each against, and hold them harmless from any or all claims, causes of action, damage judgments, costs or expenses, including attorney fees which in any way arise from the activity or this agreement which include but are not limited to damages to or destruction of any property of the indemnitee, of any others, injury or death or any liability arising from the act or negligent act of the indemnitee, of me or anyone else.
I agree to pay for any or all damages or injury to any property or person caused by the undersigned either negligently, willfully, or otherwise.
I enter into this agreement for myself, my heirs, assigns and/or legal representatives.
I have read and understand this agreement and realize it relates to surrendering valuable legal rights and do so freely and voluntarily.