Please read: 247 Liability Waiver & Photo/Video Release
PARTICIPANT WAIVER, RELEASE OF LIABILITY AND MEDIA CONSENT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. BY SIGNING IT YOU GIVE UP THE RIGHT TO SUE FOR CERTAIN INJURIES AND LOSSES, INCLUDING THOSE CAUSED BY ORDINARY NEGLIGENCE.
1. The Activity
This agreement is between me, the participant named below, and Represent Clothing Inc. ("REPRESENT"). It applies to the 247 Run hosted by REPRESENT including any warm-up, workout, challenge, demonstration, use of equipment and related activities (the "Activity").
2. Fitness to Participate
I confirm that I am in good health and physically able to take part in the Activity. I do not have any medical condition, injury or illness that would make taking part unsafe for me, or a doctor has cleared me to take part. REPRESENT recommends that I consult a doctor before beginning any exercise. I am not under the influence of alcohol or drugs. I will stop immediately and tell REPRESENT staff if I feel pain, dizziness, shortness of breath or any other discomfort.
3. Assumption of Risk
I am taking part voluntarily. I understand that the Activity involves strenuous physical exercise and takes place in a busy, crowded convention environment. The risks include, but are not limited to: injury to muscles, joints, ligaments and bones (such as sprains, strains and fractures); cardiorespiratory events (such as dizziness, fainting, abnormal heart rhythm, abnormal blood pressure, difficulty breathing and, in rare cases, heart attack, stroke or death); heat exhaustion and dehydration; slips, trips and falls; contact with equipment, other participants or spectators; and loss of or damage to personal property. I understand that not all risks can be known in advance. I KNOWINGLY AND VOLUNTARILY ASSUME ALL OF THESE RISKS, KNOWN AND UNKNOWN, INCLUDING RISKS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASEES (DEFINED BELOW).
4. Rules and Instructions
I will follow all instructions given by REPRESENT staff and coaches, the event organizer and venue staff. I will use equipment only as directed and wear suitable clothing and footwear. REPRESENT may refuse or end my participation at any time.
5. Release of Liability
To the fullest extent permitted by law, I, for myself and my heirs, executors, administrators, assigns and personal representatives, release, waive and forever discharge REPRESENT, its parent, subsidiary and affiliated companies, and their respective officers, directors, employees, contractors, coaches, agents and volunteers from any and all claims, demands, causes of action, losses and liability for personal injury, illness, death, or loss of or damage to property, arising out of or related to my participation in the Activity. THIS RELEASE INCLUDES CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ANY RELEASEE. It does not apply to gross negligence, willful misconduct or any liability that cannot be limited or excluded by law.
6. Agreement Not to Sue and Indemnity
I agree not to bring any claim released in section 5 against any Releasee. I will indemnify and hold harmless the Releasees from any loss, liability, damage or cost (including reasonable attorneys’ fees) that they incur as a result of any such claim brought by me or on my behalf, or as a result of my failure to follow section 4.
7. Medical Treatment
If I need medical attention during the Activity, I authorize REPRESENT and venue staff to arrange or obtain emergency medical care for me, including first aid, CPR, use of an AED and emergency transport, and to share relevant information with medical personnel. I am responsible for the cost of any treatment I receive. I understand that I should carry my own health insurance.
8. Damage to Equipment and Property
I am responsible for the cost of any damage to equipment, fixtures or facilities caused by my willful actions, negligence or recklessness.
9. Photo and Video Consent
I understand that the Activity will be photographed and filmed. I grant REPRESENT and its affiliates the irrevocable, worldwide, royalty-free right to record, use, edit, alter, copy, publish and distribute my name, image, likeness, voice and performance (the "Recordings") in any media now known or later developed, including online and social media, for advertising, marketing and any other lawful purpose, without payment or other compensation. All Recordings are the property of REPRESENT. I waive any right to inspect or approve the Recordings or how they are used, and I release the Releasees from any claims relating to their use, including claims for invasion of privacy, right of publicity or misappropriation of likeness.
10. Personal Information
REPRESENT will use the personal information on this form to administer my participation, manage health and safety, and contact me about the Activity, in line with its privacy policy at https://representclohelp.zendesk.com/hc/en-gb/articles/30179375748253-Privacy-Policy. I will only receive marketing communications if I tick the box below, and I can unsubscribe at any time.
11. Age Requirement
The Activity is open to participants aged 18 and over only. I confirm that I am at least 18 years of age. REPRESENT may ask for proof of age and may refuse participation to anyone who cannot provide it.
12. General
This agreement is governed by the laws of the State of California. If any part of it is found to be invalid or unenforceable, the remaining parts will continue in full force, and the invalid part will be applied to the fullest extent permitted by law. This is the entire agreement between me and REPRESENT about the Activity and it is intended to be interpreted as broadly as the law allows. An electronic signature on this agreement is as valid as a handwritten one.
I HAVE READ THIS WAIVER, RELEASE AND MEDIA CONSENT. I FULLY UNDERSTAND ITS TERMS AND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I CONFIRM THAT I AM AT LEAST 18 YEARS OF AGE. I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY.