PARADISE TRAILS™ GOA MEDICAL DISCLAIMER
Waiver, Release and Indemnification Agreement
Read carefully. This waiver/release document includes a release of liability and waiver signed by the participant/runner/worker/volunteer herein after referred to as ‘Participant’ and submitted to the authorized personnel the event organizer Uphill EMG, herein after referred to as ‘Uphill. By signing this form, the Participant understands that he/she willfully relinquishes all legal rights to sue parties involved directly or indirectly with Uphill. Execution of this waiver is deemed necessary in order to complete registration and compete in the event that the Participant has registered for and to work or volunteer in the Event. Only after this form, duly filled up and signed by the participant or his/her legal guardian, is presented to race management, will the Participant be allowed to partake in the Event.
I, the Participant, do hereby state, acknowledge, represent, undertake and agree as below:
- I hereby represent and state that am in good health and in a proper physical condition as may be required and am capable to participate in the event. I hereby state that I am not under any influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the event.
- I hereby agree and undertake that during the race, I shall make every reasonable effort to be self‐sufficient by carrying my own water and such other provisions, including, but not limited to, all the items more specifically listed and described by the race management.
- I hereby state that I am well aware that a run of this nature is extremely difficult and hazardous even under the most favorable conditions. I have also been made aware that I should be in excellent physical shape and adequately conditioned to run the segment I have voluntarily participated in, even under any adverse weather conditions. I attest and verify that I know participating in a trail or an ultra trail running race can be a potentially hazardous activity and I have sufficiently trained myself and know very well that I am running at my own risk and that I will always remember that I am voluntarily participating in the Event and there is no compulsion of any nature which has led me to participate in this event.
- I understand and acknowledge that the physical and mental rigors as may be associated with trail running and long distance trail running at the event might be dangerous and represent an extreme test of a person’s physical and mental limits. I further state that a licensed medical doctor has verified that my participation in the Event will not pose a serious risk to my health. I hereby consent to receive emergency medical treatment if such is deemed advisable or necessary in the event of injury, accident and/or illness during the event. I assume all risks, known or unknown, associated with participating in this event and I understand that my participation in such event could involve risks and dangers including but not limited to failure of my body, serious illness, serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; accidents, encounters, contact or even collision with other participants, spectators, vehicles or other natural or manmade objects, but also wild or domestic animals attacks; dangers arising from adverse weather conditions; imperfect course conditions; water, heat, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; human error and situations beyond the immediate control of the event organizers; other undefined risks and dangers which may not be readily foreseeable or are presently unknown, and basically any other thing that can go wrong, and for the same, only I shall be responsible. I accept the presumption of all risks associated with this event wholly. 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 participants, or the acts, inaction or negligence of the released parties defined below, and I hereby expressly presume all such risks and responsibility for any damages, liabilities, losses or expenses which may incur as a result of my participation in the Event.
- I agree to be familiar with and to abide by the rules and regulations established by Uphill for the event, including the rules of the Indian anti-doping agency (www.nada.nic.in). I agree to abide by any decision of a race official relative to any aspect of my participation in this event, including the right of any official to deny or suspend my participation for any reason whatsoever. I also accept sole responsibility for my own conduct and actions while participating in the event, and the condition and adequacy of my equipment.
- I further expressly agree that the foregoing release, waiver, and indemnity is intended to be as broad and inclusive as is permitted by law, 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 agree to indemnify, defend and hold harmless, the following parties 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 which may arise to me, my personal representatives, assigns, heirs, and next of kin 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 releases or from observing, working for, or in any way participating in or travelling to or from any activity associated with the Event: Brand Aid, Uphill EMG, its event owners, organizers, advertisers, sponsors, promoters, committees, officers, directors, members, volunteers, employees, agents meant to conduct any activity associated with the Event, the race director and its team, the other participants, the government officials, law enforcement agencies and other public entities providing support for the event but also any persons in any restricted area, host cities, local organizing committees, venues and property owners upon which the event takes place. I further agree that if, despite this waiver, 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 may arise as the result of such claim(s).
- I grant permission to race management to use any photographs, recordings, or other records of my participation in this event for any legitimate/promotional purpose.
- I also understand that the Director of Uphill has the right to refuse any entry for any reason and without any justification, and that my registration fee is non-refundable.
- I expressly acknowledge that by my registration and participation in the event, I give my consent to the collection and retention of any personal information by Uphill and in the inclusion of any of my event-related performance data in race results normally released to the public. All other personal data collected by Uphill shall remain confidential and shall not be voluntarily released by Uphill to any third party without my knowledge and consent.
- I hereby warrant that I have read this waiver carefully and have understood its terms and conditions, which are specifically stipulated. I do 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 waiver/release 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 waiver/release. This waiver/release represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this waiver/release. This release extends to all claims of every kind and nature whatsoever, whether known or unknown to me.
For Minor Participants:
For the purpose of this event, a minor is defined as a person who is 16 years of over but less than 18 years in age. Minor applications will be accepted only with parent or guardian signature. Such applications must be sent in writing (registered post only), along with relevant copies of identification documents, like passport etc. to us by the parent/guardians, with acceptance of the below mentioned undertaking:
To be printed, signed and notarized on INR 20 stamp paper and sent to Uphill EMG via post. No scanned copies or photocopies will be accepted.
I, _________________________________am the Parent and/or Legal Guardian to the minor ___________________________________ and do hereby accept and agree to all of the terms and conditions of the waiver/release on behalf of the minor in connection with the minor’s participation in the Event(s). If, despite this waiver/release, I, or anyone on the minor’s 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 Liabilities which any may be incurred as the result of such claim. I furthermore affirm that the participating minor is in good health, and I and I alone will be liable for any physical/mental trauma that the minor may experience as a result of his/her participation in the event. I shall alone be liable to incur any expenses and or responsibilities arising out of such trauma.
Signature of Parent/Guardian