Mountain Archery Fest and Kingston Downs
WAIVER AND RELEASE OF LIABILITY
In consideration of being allowed to participate in any way in Mountain Archery Fest and Kingston Downs events and activities, the undersigned acknowledges, appreciates, and agrees that:
1) The risk of injury from archery and other known and unknown events and activities and/or the use of the related buildings, structures, equipment, roads, bodies of water, land and all other real and personal property whether owned by Mountain Archery Fest or others is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and,
2) I acknowledge and agree that the use of archery equipment, and other weapons by myself or others on club premises or otherwise are inherently dangerous and high-risk activities whether such archery equipment are discharged by myself or others; and
3) I understand that the use of broadheads is strictly prohibited; and
4) I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
5) I willingly agree to comply with the stated and customary terms and conditions for participation. I understand that although not required, wearing of masks is highly encouraged. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
6) I am aware that cameras are placed randomly on all courses and throughout the event venue and that videography will be taking place during event hours. I understand that pictures and videos obtained by MAF and its partners, maybe used for MAF media purposes but will not be sold to or shared with third parties; and
7) I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Mountain Archery Fest, Kingston Downs and their officers, directors, officials, agents, employees, volunteers, members, guests, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of real property and personal property used to conduct the events and activities ("RELEASEES"), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE TO THE FULLEST EXTENT PERMITTED BY LAW. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
8) In consideration for allowing the Participant to participate in the ACTIVITY, THE UNDERSIGNED HEREBY FULLY RELEASE AND AGREE NOT TO SUE MOUNTAIN ARCHERY FEST, KINGSTON DOWNS or any successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each a "RELEASED PARTY") for any property damage (including but not limited to equipment damage), PERSONAL INJURY or loss to Participant, including DEATH, which Participant INCLUDING ANY MINOR, may suffer, arising in whole or in part out of Participant's participation in the ACTIVITY. By agreeing NOT TO SUE, the Undersigned ARE RELEASING ANY RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST ANY RELEASED PARTY. This contract of the UNDERSIGNED WHICH RELEASES EACH AND EVERY RELEASED PARTY FROM ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from Participant's participation in the Activity, INCLUDES BUT IS NOT LIMITED TO, ALL CLAIMS BASED ON ANY RELEASED PARTY'S ALLEGED OR ACTUAL NEGLIGENCE or BREACH of any STATUTE or CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY and including ALL claims of any MINOR, even after attaining majority.
FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF PARTICIPATION)
1) In the case of a MINOR Participant, the Undersigned parent or legal guardian acknowledges that he/she is NOT ONLY signing this Agreement on his/her behalf, but that he/she is also SIGNING ON BEHALF of the MINOR and that the MINOR SHALL BE BOUND by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Participant, the parent or legal guardian understands that he/she is also WAIVING CERTAIN RIGHTS ON BEHALF OF THE MINOR that the minor otherwise may have. The Undersigned parent or legal guardian agrees that but for the foregoing, the minor Participant would not be permitted to participate in the Activity under this Pass or ticket and further agrees and represents, under penalty of fraud, that as to each MINOR FOR WHOM THEY ARE SIGNING, THAT THE PARENT OR LEGAL GUARDIAN WILL NOT MISREPRESENT THEIR AGE/SIZE OR ALLOW THE MINOR TO PARTICIPATE ON ANY ACTIVITY FOR WHICH THE MINOR DOES NOT MEET ANY POSTED OR LISTED AGE/SIZE REQUIRMENTS.
2) By signing this Agreement without a parent or legal guardian's signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant.
I agree and understand that by signing the Electronic Signature Acknowledgment and Consent Form, that all electronic signatures are the legal equivalent of my manual/handwritten signature and I consent to be legally bound to this agreement. I further agree my signature on this document is as valid as if I signed the document in writing.
WAIVER: I, the undersigned participant (and my parent or guardian if I am younger than 18 years of age), intending to be legally bound, do hereby forever release and waive any and all rights, claims, and actions for damages that we, our heirs, executors, administrators, and assigns may have, or that may hereafter accrue against any and all persons, organizations, and other entities associated with the event, including, but not limited to Stride Events, Mountain Archery Festival, sponsors, affiliates, volunteers, 2nd Annual Mountain Archery Fest at Kingston Downs, and individual 2nd Annual Mountain Archery Fest at Kingston Downs organizers, arising out of or in connection with my involvement before, during, or after the event.
I verify that I am physically fit and sufficiently trained to participate in this event and I assume the risks involved in this activity. I further attest that I will be mindful of hazards around the event, and hold said sponsors and organizers blameless in any harm that may happen.
I also acknowledge understanding that the charge to my card will show up as Stride Events I acknowledge that the online processing fees and charitable donations are non-refundable. I also acknowledge that any charitable donations will have 4.97% withheld from the donation to pay credit card and administrative costs.
Stride Events and its partner Mountain Archery Festival shall not be liable to you for any direct, indirect, special, incidental, consequential or exemplary damages including, but not limited to, loss of profits, goodwill, use, data or other intangible loses. Stride Events and its partner Mountain Archery Festival does not guarantee the completeness or accuracy of any information contained in, or provided in conjunction with the http://www.strideevents.com website. Stride Events and its partner Mountain Archery Festival is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Stride Events and its partner Mountain Archery Festival facilitates registration for various events, some of which allow participants under the age of thirteen (13). We require a submission of birth date for all registration entries. For children under the age of thirteen (13), parental or guardian consent is required.
You agree that the statutes and laws of the State of Utah, USA, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Stride Events and its partner Mountain Archery Festival relating to this Agreement and Waiver resides in the courts of Utah, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Utah in conjunction with any such dispute including any claim involving Stride Events and its partner Mountain Archery Festival.