WAIVER OF LIABILITY AND AGREEMENT
PLEASE CAREFULLY READ AND CONSIDER BEFORE YOU REGISTER YOURSELF OR YOUR CHILD(REN) FOR THE TRENCH™ KIDS OBSTACLE RACE. BY CHECKING THE BOX THROUGH THE EVENTS.COM REGISTRATION YOU ARE AGREEING THAT YOU ARE THE PARENT/LEGAL GUARDIAN OF THE CHILD(REN) WHOM YOU ARE REGISTERING, AND YOU ARE AGREEING ON BEHALF OF YOURSELF AND YOUR CHILD(REN) TO THE FOLLOWING:
WAIVER OF LIABILITY/INDEMNIFICATION AGREEMENT (“AGREEMENT”). THIS AGREEMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR RIGHTS AND THOSE OF YOUR CHILD(REN) AND WILL LIMIT YOUR AND YOUR CHILD(REN)’S ABILITY TO BRING FUTURE CLAIMS, DEMANDS, LEGAL ACTION, OR CAUSE OF ACTION.
The TRENCH™ KIDS (the “event”) involves strenuous physical activities, such as running, jumping, and negotiating (i.e., running,
jumping, or climbing over, under, or through) obstacles involving mud, sand, water, cargo nets, tires, rope swings, balance beams, climbing
walls, and other similar obstacles. Both parents and child(ren) must be in good physical condition and should not suffer from any
conditions which would prevent a person from safely participating in the event. Parents and child(ren) are strongly encouraged to consult
with their medical providers before participating in the event if they have any concerns as to whether they can safely participate in it. Due
to the strenuous physical activities, use of obstacles, and involvement of other event participants, parents and child(ren) must understand
that the event carries with it inherent risks of physical injury. Such inherent risks include, but are not limited to, encounters with obstacles,
equipment-related hazards (e.g., unexpected equipment failure, imperfect course conditions, or defective or inadequate equipment),
weather-related hazards (e.g., extreme heat, extreme cold, humidity, ice, rain, or fog), inadequate or negligent first aid and/or emergency
measures, or problems created by other event participants.
In order to keep the course safe for all participants and attendees, and as required by the event site owners, no strollers or other
wheeled vehicles will be permitted through the course without previous authorization from the event directors (i.e., Managing Director,
Operations Director, or Event Director), and no dogs are allowed at the event site.
Your registration is NON-REFUNDABLE FOR ANY REASON, regardless of circumstance, including but not limited to injury, a scheduling conflict, or event cancellation.
Parents, please understand that by registering your child(ren), you are entering your child(ren) into a binding legal agreement involving
legal terms and conditions, including a waiver of liability and an indemnification. Parent also understands and agree to the code of conduct posted on website and at event grounds.
WAIVER OF LIABILITY
In consideration of being allowed to participate in the event at the Governor Joseph Flores Memorial / Ypao Beach Park with the vendors and sponsors, and recognizing the inherent risks of physical injury involved in participating in the event, you, and your spouse/legal domestic partner, heirs, next of kin, personal representatives, executors, administrators, successors, or assigns, and you, on behalf of your child(ren) and their heirs, next of kin, personal representatives, executors, administrators, successors, or assigns, (collectively, the “Event Participant”) hereby FULLY RELEASE AND FOREVER DISCHARGE the event (i.e., TRENCH™ KIDS), Upshift Ent. ("Upshift"), Guam Visitors Bureau, Guam Department of Parks and Recreation, Stations of KUAM, the event’s and Upshift’s sponsors, vendors, and the event site owner’s, event site operator’s, Upshift’s sponsors’ and vendors’ respective principals, members, officers, directors, shareholders, employees, contractors, suppliers (including equipment suppliers), volunteers, agents, affiliates, successors, and assigns (collectively, the “Released Parties”) from any and all past, present, and future claims, demands, legal actions, and causes of action for negligence arising out of or relating to the event (i.e., TRENCH™ KIDS), whether known or unknown, anticipated or unanticipated, now existing or hereafter arising, including any such claims, demands, or causes of action for personal injury, emotional injury, property damage, or death.
Registrant gives full and unconditional permission to make still or motion pictures, and any other type(s) of audio or visual recordings of registrant's activities and participation in the event and at the site of the event before, during and after the event and the exclusive, worldwide and perpetual rights to use the same.
Event Participant understands and agrees that the event is not an essential public service and that this Agreement is not a “take-it-or-leave-it” agreement. That is, Event Participant does not need to participate in the event and is free to try to find an event that does not require a waiver of liability. If Event Participant does not want to enter into this Waiver of Liability, then before agreeing to this Agreement
or participating in the event, Event Participant shall notify an event director at no later than 12 hours
after registering for the event in which the Event Participant will be participating or 24 hours before said event, whichever is earlier, that
Event Participant does not want to enter into this Waiver of Liability and is willing to make a good faith effort to negotiate the Waiver of Liability. For those Event Participants registering the day of the event, before signing this Agreement or participating in the event, Event Participant shall notify an event director at the event in which the Event Participant will be participating that Event Participant does not want to enter this Waiver of Liability and is willing to make a good faith effort to negotiate the Waiver of Liability. This is a condition precedent to any attempt by an Event Participant, whether pre-registering or registering day of, to try to participate in an event without entering this Agreement or try to avoid the Waiver of Liability if Event Participant checks the box agreeing to this Agreement.
Event Participant agrees to DEFEND, INDEMNIFY, and HOLD HARMLESS the Released Parties from and against (1) any and all claims by Event Participant arising out of or relating to Event Participant’s involvement or participation in the event and (2) any and all claims, demands, legal actions, or causes of action by other event participants, the event site owner, the event site operator, rescuers, or others arising out of or relating to Event Participant’s actions or inactions at, during, or after the event.
OTHER TERMS AND CONDITIONS
“OR.” Event Participant understands and agrees that the word “or,” as used throughout this Agreement, is used in both the conjunctive
and disjunctive senses of that word.
RIGHT TO USE LIKENESS.
Event Participant hereby grants the event and Upshift, as well as the event’s and Upshift’s sponsors and vendors, media, and all of their successors, assigns, and designees the right to use Event Participant’s name, voice, signature, photograph, video, and
likeness for any legitimate purpose, including but not limited to promoting, advertising, and marketing activities. The Event Participant
understands and agrees that the event and Upshift, as well as the event’s and Upshift’s sponsors and vendors, and all of their successors,
assigns, and designees have the full right to sell and profit from the commercial use of Event Participant’s name, voice, signature,
photograph, video, and likeness.
Event Participant understands and agrees that this Agreement (1) constitutes the entire agreement between the
Event Participant and Released Parties and all terms in this Agreement are contractually binding and not mere recitals; (2) supersedes
any prior oral or written agreements or communications on the subject matter addressed herein; (3) cannot be modified or changed
in any way by any oral or written representations or statements of any employee or agent; and (4) can only be modified or changed
through a subsequent written agreement signed by both Event Participant and the Managing Director of Upshift Ent.
Event Participant understands and agrees that nothing contained in this Agreement shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions contained in this Agreement and any present or future statute, law, ordinance, or regulation contrary to which the parties have no legal right to contract, the latter shall prevail; but the provision of this Agreement which is affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law.
I UNDERSTAND THAT BY CHECKING THE BOX THROUGH THE EVENTS.COM REGISTRATION AGREEING TO THIS AGREEMENT OR SIGNING THIS AGREEMENT, I AM AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF MYSELF AND MY CHILD(REN):
*Registrant has the option to subscribe to the registration insurance offered by Fanshield here on events.com and by declining coverage, forfeits any type of claims regarding their registration to participate in the event.
This document has been in effect since 02/24/2017.
The offer of ticket protection by Fanshild was added 01/01/2020.