UK ULTRA LIMITED
COMPETITOR RESPONSIBILITY STATEMENT AND LIABILITY WAIVER
Both the Competitor Responsibility Statement and the liability waiver form part of the UK Ultra Limited terms and conditions.
COMPETITOR RESPONSIBILITY STATEMENT
Participating in running events requires fitness and skill.
I confirm that I have done sufficient training to ensure that I am fit enough to cope with the demands of this event and that my technical skills are adequate for the diverse requirements of the competition.
I accept that taking part in this event is by its nature hazardous and contains certain inherent risks including, but not limited to:
There are many other foreseeable risks to which I consent. I accept that I owe a significant duty of care to all other competitors, spectators and race officials. I will exercise all care to avoid causing death, injury or loss to any such persons and will indemnify UK Ultra Limited from and against any liability found against them arising out of my negligent or reckless acts.
I accept that in the event of my requiring medical attention during the event the medical personnel appointed by the event organiser take no responsibility for the treatment provided for any unreported existing condition which increases the risk of a medical emergency.
I acknowledge that UK Ultra Limited or any other relevant body has relied on this statement (in its entirety) in accepting my entry to the event and that if I was unable or unwilling to agree to all the matters set out above in this statement of responsibility UK Ultra Limited or any other relevant body would not allow me to compete.
All statements of fact are true.
UK ULTRA LIMITED LIABILITY WAIVER (this “Waiver”)
Please read the following agreement carefully, as it affects your future legal rights. By proceeding with registering for the event, you acknowledge and agree that you have carefully read and fully understood this waiver and agree to the terms set forth below.
In consideration of being permitted to register and/or participate in, including without limitation by observing, the activities for which you are registering (the “Event”), on behalf of yourself and any personal representatives, assigns, heirs, executors, successors and next of kin, you understand, agree, warrant and covenant as follows:
1. Authority to Register and/or to Act as Agent.
You represent and warrant to UK Ultra Limited (UK Ultra) that you have full legal authority to complete the registration for the Event, including this Agreement and Waiver, on behalf of yourself and/or any party for whom you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, (a) “UK Ultra Events” means and includes UK Ultra, its partners, licensors, and any and all subsidiaries, affiliated entities, or entities that control, are controlled by, or are under common control with UK Ultra singly or together and its and each of their officers, employees, contractors, subcontractors and agents and each of their agents, representatives, successors and assigns; and (b) “you” or “your” means and includes you (as an individual) and all other Registered Parties for whom you are registering, and by virtue of agreeing to this Agreement and Waiver, for whom you are waiving certain rights.
If you are registering an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this Agreement and Waiver on their behalf and by proceeding with registration for the Event, you agree that the terms of this Agreement and Waiver shall apply equally to all of the Registered Parties. To the extent permitted by law, each person agreeing to this Agreement and Waiver for him/herself and/or on behalf of another Registered Party (including, without limitation, any minor) agrees to indemnify, defend, and hold UK Ultra harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable legal’ fees) of any kind or nature (each, a “Liability” and collectively “Liabilities”) in the event the Liability arises because a Registered Party is found by a court of competent jurisdiction to not be bound by the terms and conditions of this this Agreement and Waiver. In addition, if, despite this Agreement and Waiver, any of the Registered Parties makes a claim against UK Ultra, you agree, immediately upon request or demand by UK Ultra, to defend, indemnify and hold UK Ultra harmless from all Liabilities which may be incurred as the result of such claim.
2. Assumption Of Risk.
In consideration of the acceptance of your registration and participation in the event, you assume full and complete risk and responsibility for any injury or accident which may occur during the event, while you are on the premises of the event, or while you are traveling to or from the event. You understand that participating in the event is hazardous, and that you should not enter and participate unless you are medically able and properly trained. You acknowledge and agree that the event may be held over public roads and facilities open to the public during the event and upon which hazards are to be expected. You also acknowledge and agree that participation in the event carries with it certain inherent risks and dangers that cannot be eliminated completely ranging from risk of minor injuries to catastrophic injuries including permanent disability and death. You are aware of and assume all risks associated with participating in the event, including without limitation risks of permanent injury or death due to falls, obstacles, contact with other participants, acts or omissions of other participants, effect of weather, animals, railway crossings, traffic and conditions of any road.
3. Representations.
You represent and warrant that you are in good physical condition, are able to safely participate in the Event and have no medical condition that would make your participation in the Event more hazardous. You consent to medical care and transportation in order to obtain treatment in the event of injury to you and understand that this Agreement and Waiver extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury. You understand that no medical care may be available, but if it is, you assume liability for any and all medical expenses incurred as a result of your participation in the Event, including, but not limited to ambulance transport, hospital stays, physician, and pharmaceutical goods and services. You agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided to you by UK Ultra or any other relevant body and to abide by any decision of any Event official relative to your ability to safely participate in or attend the Event. You understand and agree that you are expected to exhibit appropriate behaviour at all times while at the Event and to obey all laws while participating in or attending the Event. This includes, generally, respect for other people, equipment, facilities or property. You agree that Event officials may dismiss you, without refund, should your behaviour endanger the safety of or negatively affect the Event. You understand and agree that neither UK Ultra nor any other relevant body is responsible for any personal item or property that is lost, damaged or stolen at the Event.
4. Release and Waiver of Liability.
You hereby waive, release, covenant not to sue and forever discharge UK Ultra and all other persons associated with the event, for all liabilities, claims, actions, or damages that you may have against them arising out of or in any way connected with your registration and/or participation in the event, including without limitation any liabilities, claims, actions, or damages caused by negligence of the above parties (including any negligent rescue attempt), the action or inaction of any of the above parties, or otherwise.
UK Ultra shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if UK Ultra events has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the UK Ultra sites, products or services; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the UK Ultra sites; (c) your participation in any promotion or program coordinated by UK Ultra; (d) personal injury or death not caused by UK Ultra negligence; (e) unauthorized access to or alteration of your transmissions or data; (f) statements or conduct of any third party on the UK Ultra sites; (g) any other matter relating to the UK Ultra sites, or UK Ultra products or services; or (h) your participation in the event. You agree that UK Ultra maximum liability to you, for any reason or cause whatsoever, shall not exceed the total amount of monies received by UK Ultra from you.
6. Indemnity.
You agree to indemnify, defend, and hold harmless UK Ultra and all other persons associated with the event, from all liabilities arising out of or in any way connected with (a) your participation in the event, including without limitation any liability caused by negligence (including any negligent rescue attempt), the action or inaction of UK Ultra, (b) your use of UK Ultra, or (c) any violation by you of any terms of this agreement and waiver.
7. Disclaimer of warranties.
You expressly agree that use of UK Ultra’s services is at your sole risk. The services are provided on an “as is” and “as available” basis. UK Ultra makes no warranty that the UK Ultra sites’ services will be uninterrupted, secure or error free. UK Ultra expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. UK Ultra does not guarantee the accuracy or completeness of any information in, or provided in connection with, UK Ultra sites. UK Ultra is not responsible for any errors or omissions, or for the results obtained from the use of such information.
By indicating your acceptance of this agreement and waiver, you are affirming that you have read and understand this agreement and waiver and fully understand its terms. You understand that you and all registered parties are giving up substantial rights, including the right to sue. You acknowledge that you are agreeing to this agreement and waiver freely and voluntarily, and intend by your acceptance to be a complete and unconditional release of all liability to the greatest extent allowed by law.