WARNING: READ CAREFULLY. THIS EVENT WAIVER AND RELEASE OF LIABILITY (THE “WAIVER”) INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS RELATED TO THE 2024 LHF RACE (THE “EVENT”) AND DEPRIVES YOU OF THE RIGHT TO SUE LIVING HISTORY FARMS FOUNDATION (“LHF”), AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, AND AGENTS, AND SPONSORS OF THE EVENT (COLLECTIVELY, THE “RELEASEES”). DO NOT SIGN THIS WAIVER UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
I understand that my consent to these provisions is given in consideration of the acceptance of this registration for the Event and for being permitted to participate in this Event. I am a voluntary participant in this Event, and in good physical condition. If I am registering an individual under the age of 18 or an incapacitated adult, I represent and warrant that I am the parent or legal guardian of that party and have the full legal authority to submit the Event registration and agree to this Waiver on their behalf, and by proceeding with this registration, I agree that the terms and conditions of this Waiver will apply equally to all participants of the Event. I have been advised that I should seek advice from my physician before undertaking physical exercise related to the Event. I have either visited with my physician and received doctor's advice and consent to participate in the Event or have waived such advice and consent of my doctor, and accept any and all risks. I will abide by all directions given by any Event personnel. I agree that LHF will have no liability to me if it (1) disqualifies me for participating in the Event due to my failure to abide by this Waiver or (2) cancels the Event for any reason.
I hereby grant to Living History Farms the unrestricted right to use and publish my likeness, image, and/or voice and/or that of minor children without compensation or limitation as to purpose and to copyright the same, including to exhibit, distribute, promote, advertise, and sell in all forms of media now known and subsequently developed, including television, radio, print, social media, and the internet, without limitation.
I authorize the Releasees to arrange for medical care for me, including but not limited to call medical care for me and/or to transport me to a medical facility or hospital of their choosing if, in the opinion of such persons, medical attention is needed. I agree that the Releasees shall not have any responsibility for calling for or transporting me to medical care, and I shall indemnify and hold harmless the Releasees from and against any costs incurred in any effort to provide me with, or transport me to a place to receive, medical attention. I acknowledge and agree that I have sufficient health and life insurance to protect my needs should any injuries befall me as a result of my attendance, participation or association with respect to the Event.
I understand that alcohol possession and consumption on LHF grounds is strictly prohibited during the Event.
I KNOW THAT THIS EVENT IS AN INHERENTLY DANGEROUS AND POTENTIALLY HAZARDOUS ACTIVITY AND I HEREBY ASSUME FULL AND COMPLETE RESPONSIBILITY AND RISK FOR ANY INJURY OR ACCIDENT WHICH MAY OCCUR DURING MY PARTICIPATION IN THIS EVENT OR WHILE ON THE PREMISES OF THIS EVENT. I UNDERSTAND THAT THE EVENT COURSE MAY INCLUDE OBSTACLES AND THAT MY PARTICIPATION IN ANY PARTICULAR OBSTACLE IS MY SOLE DECISION AND AT MY OWN RISK. I ACKNOWLEDGE THAT RISKS RELATED TO MY PARTICIPATION AND PRESENCE AT THE EVENT CANNOT BE FULLY ELIMINATED, INCLUDING BUT NOT LIMITED TO RISKS WITH RESPECT TO THE IMPACT OF WEATHER CONDITIONS, EVENT COURSE HAZARDS AND OBSTACLES, OR UNFORESEEN ACTS BY THIRD PARTIES. I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS AND COVENANT NOT TO FILE SUIT AGAINST THE RELEASEES FROM ANY LOSS, LIABILITY OR CLAIMS I MAY HAVE ARISING OUT OF MY PARTICIPATION IN THIS EVENT, INCLUDING PERSONAL INJURY OR DAMAGE SUFFERED BY ME OR OTHERS, WHETHER THE SAME BE CAUSED BY FALLS, CONTACT WITH PARTICIPANTS, CONDITIONS OF THE COURSE, NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
This Waiver shall be binding upon my assignees, distributees, heirs, next of kin, executors and administrators and may be pled by any Releasee as a complete bar and defense against any claims, demand, action or cause of action by or on behalf of me. This Waiver represents the entire understanding by and among the Releasees and me regarding the subject matter hereof and supersedes any other statements, agreements or representations, whether written or oral regarding the subject matter. I agree that the releases and indemnities given by me in this Waiver are intended to be as broad and inclusive as are permitted by applicable law and I agree that, if any portion of this Waiver is determined to be unenforceable by a court of law, such provision shall be enforced to the extent permitted to render it enforceable under applicable law, and the remainder of this Waiver shall continue in full force and effect. I agree that this Waiver shall be governed by the laws of the State of Iowa, without respect to its conflicts of laws principles.
