Release, Waiver, Assumption of Risk, and Indemnity Agreement
In consideration of being permitted to participate in the above-identified event, I, the undersigned Participant (and my parent or legal guardian if I am younger than 18 years of age), intending to be legally bound, do hereby forever release, waive, and discharge all rights, claims, demands, losses, liabilities, damages, actions, causes of action, expenses, and suits of any kind whatsoever, foreseen or unforeseen, that I, my heirs, executors, administers, and assigns may have or that may hereafter accrue against the LC Valley Down and Dirty Mud Run Inc., The City of Lewiston and adjacent private land-owners and/or their officers, agents, and employees while I am, in any manner, participating in the Race.
I hereby assume full responsibility for the risk of bodily injury, death, and property damage while I am, in any manner, participating in the Race. It is expressly understood that participating in the Race is inherently dangerous; I hereby recognize the dangerousness of such activity, and I desire to participate in the Race being fully aware of such risks. I hereby acknowledge that I should consult with my physician before participating in the Race. I agree that if I experience symptoms such as shortness of breath, chest pain, unusual fatigue, dizziness, fainting, or nausea I will immediately stop participating in the Race and inform a Race staff person or Race volunteer of my symptoms. I authorize any representative of the the LC Valley Down and Dirty Mud Run Inc. to obtain emergency medical treatment for me, including transportation to a hospital or other medical facility.
I agree to forever hold harmless, defend, and indemnify the LC Valley Down and Dirty Mud Run Inc. from any and all claims, including those arising from ordinary negligence, which may arise out of my participation in the Race. This includes, but is not limited to, any economic or non-economic losses due to bodily injury or property damage sustained in connection with my participation in the Race. I agree that the LC Valley Down and Dirty Mud Run Inc. shall not be liable to me for any direct, indirect, special, incidental, consequential, or exemplary damages. I expressly agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Idaho, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I further agree that if legal action is brought, it must be brought in the Second Judicial District of the State of Idaho, and I expressly consent to the exercise of personal jurisdiction in such courts. I acknowledge that I have carefully read this Agreement and know and understand the contents thereof and sign this Agreement upon my own free will. I understand that by signing this Agreement, I give up substantial rights that I might otherwise have to recover damages for any losses occasioned by the fault of others, and knowing this, I still choose to sign this Agreement voluntarily, without inducement.
