HOLDFAST PARTICIPATION WAIVER

 

PARTICIPANTS: READ THIS DOCUMENT CAREFULLY BEFORE AGREEING TO ITS TERMS. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND MAY AFFECT YOUR LEGAL RIGHTS AND MAY LIMIT YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.

 

Definitions and Interpretation

Agreement means this Assumption of Risk, Limitation of Liability and Indemnity Agreement for Participants;

Claim(s) means all claims and actions for losses, costs, expenses and damages, including legal fees and related expenses;

I / me / my / Participant is you, who will be a participant.

Inherent Risks are described below in the paragraph headed Assumption of Inherent Risks;

Released Parties are together HOLD FAST ELITE ltd, henceforth to be referred to as HOLDFAST for the purposes of this document, and its respective directors, officers, employees, agents, contractors, insurers, equipment suppliers, spectators, other participants and volunteers;

Releasing Parties are together my and Parent/Guardian’s spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else bringing a Claim against HOLDFAST or the Released Parties on my behalf;

Rules means all of the rules contained in this Agreement together with all of the health and safety, course and access rules and regulations provided to me or posted at the Venue and on the website (as displayed on the date that I accepted the terms of this Agreement);

HOLDFAST event is the HOLDFAST event that is taking place at the Venue further described below in the paragraph headed Assumption of Inherent Risks;

Paragraph headings shall not affect the interpretation of this Agreement. Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular.

 

Assumption of Inherent Risks

The HOLDFAST event is meant to be an extreme test of toughness, strength, stamina, camaraderie, and mental grit that takes place in one place in one day. It is not a race against other contestants, but rather a competition with oneself and the challenge. The object is to complete the challenge. The HOLDFAST event is a hazardous activity that presents the ultimate physical and mental challenge to participants.

 

I acknowledge that the HOLDFAST event is an extreme test of my physical and mental limits that carries with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely (without changing the challenging nature of the event) regardless of the care, measures and precautions taken by HOLDFAST and are further described below (Inherent Risks). I also understand that the HOLDFAST event is an extremely strenuous event and that there are risks and dangers generally in taking part in such activities. I understand that these hazards may be magnified due to the fact that the HOLDFAST event is often conducted under what may be extreme conditions and circumstances.

 

I understand and acknowledge that the Inherent Risks include, but are not limited to: 1) my contact or collision with other persons or objects (e.g., with spectators or course personnel, other participants, or natural or man-made fixed objects or obstacles); 2) my encounter with HOLDFAST event obstacles (e.g., natural and man-made water hazards, road and surface obstacles; 3) extremely challenging course conditions; 4) weather-related hazards (e.g., extreme cold, ice, rain, fog); 5) judgment and/or behaviour related problems by me during the event; 6) erratic or inappropriate behaviour by other participants and/or spectators; and 7) natural hazards (e.g., uneven terrain, contact with marine life and/or ticks). HOLDFAST will use reasonable care and skill to run the event and provide a Venue that is fit and suitable for the event taking into account the nature of the Inherent Risks.

 

I further understand and acknowledge that any of the Inherent Risks and other risks, not specifically named, may cause injury or injuries that may be categorised as minor, serious, or catastrophic. Minor injuries are common and include, but are not limited to: scrapes, bruises, cuts, grazes, abrasions, sprains, strains, muscle tension and soreness, dizziness, fainting, nausea, sunburn and electrolyte imbalance. Serious injuries are less common, but do sometimes occur. They include, but are not limited to: property loss or damage, broken bones, fractures, dislocations, torn ligaments and tendons, exposure, dehydration, heat exhaustion and other heat-related illnesses, hyperthermia, hypothermia, mental stress or exhaustion, infection, vomiting, microbial organism causing illness or disease, concussion, loss of consciousness, seizures, electric shock and/or injury and neurological disorders/pain. Catastrophic injuries are rare; however, we feel that our participants should be aware of the possibility. These injuries can include, but are not limited to: permanent disabilities, stroke, single or multiple organ failure or dysfunction, physical damage to organs, spinal injuries, paralysis, heart attack, heart failure, brain swelling, and even death.

 

I understand that it is my responsibility to consult with my doctor (GP) prior to participating in the event to ensure that I am fit and well enough to take part and that my participation will not pose any unusual or serious risks to my health and well-being.

 

If I believe or become aware that any aspects of the HOLDFAST event course, facilities or equipment are unsafe or pose unreasonable risks, I agree to immediately notify appropriate HOLDFAST and/or Venue personnel. I accept that I am fully and solely responsible for the condition and adequacy of all of my own equipment that I bring to the Venue.

 

COVID-19 Risk

By signing this Waiver, I acknowledge the contagious nature of the SARS-CoV-2 virus (the novel coronavirus or COVID-19) and voluntarily assume the risk that I may be exposed to or infected by the novel coronavirus by attending and/or participating in the Event, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that (i) my attendance and/or participation in the Event involves the inherent risk of exposure to the novel coronavirus, and (ii) the risk of becoming exposed to the novel coronavirus or persons with the COVID-19 disease at the Event may result from the actions, omissions, or negligence of myself and others, including, but not limited to, other Participants or any Releasee.

 

I knowingly and voluntarily agree to comply with and adhere to all necessary and required COVID-19-related safety and risk mitigation practices during my attendance and participation in the Event, whether communicated verbally or in writing. Such practices may include, but are not limited to: (i) recognised social distancing practices; (ii) wearing a proper face mask; (iii) washing hands and/or using hand sanitiser frequently and avoiding touching of the face, and (iv) complying with other applicable governmental regulations. I acknowledge and agree that my compliance with these safety and mitigation practices is not only for my own benefit but also for the benefit of other Participants and the Releasee parties at the Event. I voluntarily and knowingly assume the risk that I may be exposed to the novel coronavirus or persons with the COVID-19 disease as a result from a failure to comply with such practices. Further, notwithstanding the foregoing, I agree that I will neither attend nor participate in an Event if I have, in the past 14 days: (i) been tested for or have a suspected or confirmed case of COVID-19; (ii) experienced any symptoms of COVID-19 including, without limitation, fever, cough or shortness of breath; or (iii) been exposed to or in close contact with a person known to have COVID-19 (or any known symptoms thereof).

 

I understand fully the Inherent Risks and COVID-19 Risks involved in the event and I assert that I am willingly and voluntarily participating in the HOLDFAST event. I have read the preceding paragraphs and acknowledge that: 1) I understand the nature of the HOLDFAST event; 2) I understand the demands of the activities at the HOLDFAST event relative to my physical condition; 3) I appreciate the potential impact of the types of injuries that may result from my participation in the HOLDFAST event; 4) I hereby confirm that I knowingly assume all of the Inherent Risks of the HOLDFAST event

 

Limitation of Liability

I hereby forever waive, release, covenant not to Claim, and discharge HOLDFAST and the other Released Parties from any and all Claims arising out of my participation in the HOLDFAST event:

 

1. resulting from the Inherent Risks e.g. for personal injury (including death) including injury caused during practice runs, the HOLDFAST event, and while at the Venue location (including, but not limited to the base area, stands, pavements, parking areas, sponsor promotions, toilet facilities and dressing facilities); and/or 2) resulting from damage to, loss of, or theft of my property during the HOLDFAST event;

 

EXCEPT THAT nothing in this Agreement shall limit or exclude either HOLDFAST or the Released Parties liability for: (i) death or personal injury resulting from its negligence; (ii) breach of statutory duty; (iii) criminal acts; (iv) fraud; (v) or any liability that cannot be excluded under applicable law.

 

Indemnity: I hereby agree to reimburse HOLDFAST and the other Released Parties in respect of: 1) any and all Claims made by any Releasing Party arising out of my participation in the event resulting from the Inherent Risks e.g., for personal injury, including death, (including injury caused during practice runs and while at the Venue) and/ or from damage to, loss of, or theft of my property during the event; and 2) any and all Claims of other participants, rescuers, and others arising from my failure to comply with the Rules and/or my reckless conduct in the course of my participation in the HOLDFAST event;

EXCEPT FOR Claims arising from either HOLDFAST or the Released Parties"liability for: (i) death or personal injury resulting from its negligence; (ii) breach of statutory duty; (iii) criminal acts; (iv) fraud; (i) or any liability that cannot be excluded under applicable law.

 

The Limitation of Liability and Indemnity provisions in this Agreement shall survive the end of the HOLDFAST event.

 

Venue and Jurisdiction: I understand that if legal action is brought in connection with this Agreement or its subject matter, the courts of Scotland shall have the sole and exclusive jurisdiction over the action and that only the substantive laws of Scotland shall apply.

 

Severability: I understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by laws of Scotland and that if any court or competent authority finds that any provision of this Agreement (or part of any provision) is invalid, unlawful, void, or for any reason unenforceable, then that provision or part-provision shall, to the extent required, be deemed to be deleted from this Agreement, and the validity and enforceability of any remaining provisions of this Agreement shall not be affected.

 

Entire Agreement: This Agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire Agreement between me and HOLDFAST relating to its subject matter, and cannot be modified or changed in any way by representations or statements by any agent or employee of HOLDFAST. I agree that this Agreement may only be amended by a written document duly executed by HOLDFAST and I on giving me at least 30 days written notice prior to the date of the HOLDFAST event. If I do not agree to the amended terms of this Agreement I must let HOLDFAST know in writing at least 7 days before the date of the HOLDFAST event (Refusal) and I acknowledge that I shall not be permitted to take part in the HOLDFAST event. In these circumstances the entry fee that I have paid shall be refunded to me within 30 days of the date of my Refusal. If I do not send HOLDFAST a Refusal I shall be deemed to have accepted the amended terms of this Agreement. For the purpose of this provision a reference to writing includes email.

 

Agreements for the Protection of Participants

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I confirm that I am in good health and in proper physical condition to safely participate in the HOLDFAST event. I confirm that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in the HOLDFAST event, or that would result in my participation creating a risk of danger to myself or to others.

 

I acknowledge that HOLDFAST recommends and encourages that I obtain medical clearance from my GP prior to my participation in the event. I confirm that I have not been cautioned against me participating in the HOLDFAST event by any medical practitioner.

 

I understand it is my responsibility to continuously monitor my own physical and mental condition during the HOLDFAST event, and I agree to withdraw immediately and to notify appropriate HOLDFAST personnel if my continued participation would create a risk of danger to myself or to others.

 

In the event of an injury to me that renders me unconscious or incapable of making a medical decision, I authorise appropriate HOLDFAST personnel and emergency medical personnel at the HOLDFAST event to make emergency medical decisions on my behalf (including, but not limited to CPR and use of an Automated External Defibrillator). I authorise HOLDFAST to secure emergency medical care or transportation for me when deemed necessary by HOLDFAST.

 

I acknowledge that HOLDFAST has instituted its rules for the protection of everyone attending the event including its participants. I agree to familiarise myself with all Rules and to follow them throughout the event. I agree that HOLDFAST may stop or prevent my participation in the event (and, if necessary, have me removed from the Venue) if my participation, conduct, or presence endangers me or any other person present at the HOLDFAST event.

 

Removal from HOLDFAST event or Venue: I acknowledge that HOLDFAST personnel and/ or Venue personnel may prohibit or stop anyone from taking part in the event and/or immediately remove anyone from the Venue if they believe such person has disobeyed any applicable Rules, directions, instructions, decisions, or laws; or whose behaviour endangers safety or negatively affects that person, any other person, facility, or property of any type or kind.

 

Alcohol & Drugs: I agree to ensure that: 1) I will not be under the influence of alcohol or any non-prescription drugs during my participation in the obstacle course or at the base area at the HOLDFAST event.

 

Data Protection and Marketing: I agree that: 1) in the case of an emergency HOLDFAST and/or Venue personnel may use the emergency contact details I provided when I registered for the HOLDFAST event; 2) should I receive medical assistance at the HOLDFAST event, data collected on an accident form may be held on HOLDFAST"s database and shall be handled in accordance with the terms of the Data Protection Act 1998 (as amended from time to time) in accordance with HOLDFAST"s privacy policy.

 

Photography: I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during the HOLDFAST event by HOLDFAST, its affiliated entities or contractors, and/or the media (Relevant Other Parties) become the sole property of HOLDFAST and/or the Relevant Other Parties (as applicable). I acknowledge that such photographs, motion pictures, recordings, and/or likenesses of me may be edited, disseminated, adapted, modified, copied, used and/or exploited in whole or in part in all media and formats throughout the world in perpetuity for any legitimate commercial or non-commercial purpose, including but not limited to promoting, advertising and marketing HOLDFAST events, without prior notice or compensation. I further understand that HOLDFAST and the Relevant Other Parties have the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses of me. I also grant HOLDFAST the permission to use my name in connection with its legitimate commercial and non-commercial purposes including but not limited to promoting, advertising, and marketing HOLDFAST and events held by HOLDFAST without prior notice or compensation. Rules: I agree that my participation in the HOLDFAST event is subject to my compliance with: 1) the terms of this Agreement; 2) the Rules; 3) all directions, instructions and decisions of HOLDFAST and Venue Personnel on the day of the HOLDFAST event.

 

Age: I confirm that I am aged 18 or over on the date that I am accepting the terms of this Agreement.

Participant's Agreement Acknowledgment of Understanding: I have read this Agreement and fully understand its terms. I understand that I am limiting my rights, including my right to sue. I further acknowledge that I am accepting the terms of this Agreement freely and voluntarily.