Gauntlet Terms & Conditions (These must be agreed to at registration)
In consideration of my (“I”, “my” or “myself”) and/or on behalf of my child/ward’s (each a “Ward”) participation as a participant in the Deep Dive 2022 Gauntlet© Memorial Team Obstacle Race (the Gauntlet) by SOCOM Athlete and the Combat Diver Foundation Inc., (“the Releasees) I, on behalf of myself and Ward, acknowledge, accept and agree the following:
(1) The risk of serious injury and/or death from the activities involved participating in the Gauntlet, as a Participant, is significant and may include, without limitation, the following: (i) drowning; (ii) near-drowning; (iii) sprains; (iv) strains; (v) fractures; (vi) heat and cold injuries, including burns, heat-related illness and hypothermia; (vii) over-use syndrome; (viii) injuries involving the acts or omissions of other Gauntlet participants or vehicles; (ix) animal bites and/or stings; (x) contact with poisonous plants; (xi) accidents involving, but not limited to, lifting heavy objects, climbing, swimming, underwater exercises, underwater breath holds, running, hiking, ruck marching, calisthenics, interaction with other participants, travel by vehicle, truck, car or other convenience, falling from heights; (xii) heart attack; (xiii) diseases from exposure to fecal contaminated water or slurry; (xiv) permanent paralysis; and/or (xv) death. While I understand that the Releasees have taken all reasonable steps to promote Participants' safety and that particular rules, equipment and/or personal discipline may reduce these risks, the risk of serious injury and/or death does exist. I agree that the Releasees are not liable for theft, loss or damage of or to my personal property by any third party, and that any of my possessions left unattended are left entirely at my own risk.
(2) AFTER OPPORTUNITY TO FULLY INFORM MYSELF ABOUT THE GAUNTLET, ON BEHALF OF MYSELF AND/OR MY WARD, I (undersigned) KNOWINGLY, VOLUNTARILY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS and assume full responsibility and all such risks for myself and/or my Ward’s participation in the Gauntlet.
(3) I knowingly and voluntarily agree to comply with any stated customary terms and conditions (which have been made available to me) for Participant’s participation in the Gauntlet and any instruction given by Gauntlet officials. If, however, I observe an unusual and/or significant hazard during my presence at the Gauntlet, I will remove myself or my Ward from participation and bring such hazard to the attention of the nearest Gauntlet official.
(4) To the fullest extent permissible by applicable law, I, on behalf of myself, and/or my Ward (if applicable), and our respective heirs, assigns, spouses, partners, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE THE RELEASEES OR THE APPLICABLE VENUE OWNER(S) OR OPERATOR(S) and their respective owners, officers, directors, employees, contractors, representatives, agents and affiliates and, as applicable, any direct or indirect parent or subsidiary, predecessor, successor, heir, assign, media partners, associated charity, sponsor or medical providers of any of the foregoing (collectively, the “Releasees”) WITH RESPECT TO ANY, CLAIMS, OR LOSS AND ALL INJURY, DISABILITY, DEATH, AND/OR LOSS OR DAMAGE TO PERSON OR PROPERTY, IN CONNECTION WITH MY OR MY WARD’S PARTICIPATION IN THE GAUNTLET, OR OTHERWISE. I further agree to indemnify, defend and hold harmless Releasees from any loss liability, cost, claim and/or damages arising from Participant’s participation in or association with the Gauntlet, including, but not limited to, reasonable attorney’s fees.
(5) I, on behalf of myself, and/or my Ward, attest and verify that: (i) unless indicated below, I am over 18 years of age and am legally signing on behalf of myself or, if applicable, my Ward; (ii) Participant is free from all illnesses, injuries and defects that could interfere with any person’s (including his or her) safe participation in the Gauntlet; and (iii) Participant is physically fit and sufficiently trained to participate in all activities associated with the Gauntlet. I acknowledge that Participant, and I, as my Ward’s parent/ legal guardian (if applicable), am aware and informed of the inherent risks in participating in the Gauntlet and that Participant’s participation in the Gauntlet is entirely voluntary.
(6) I, on behalf of myself, and/or my Ward, consent to administration of first aid and other medical treatment and related services, including evacuation/transport, in the event of injury or illness in connection with participation in the Gauntlet and hereby release and indemnify Releasees from any and all liability or claims arising out of such treatment and/or services. I further consent and agree to obtain, furnish and allow, if required, the use and disclosure of my personal health information by such providers in connection with rendering services and or treatment, and to sign any additional documents that may be requested by such providers, in connection with such information or services.
(7) The Releasees reserve the right, in their sole determination, to postpone, cancel, or modify the Gauntlet due to weather conditions or other factors beyond the control of the Releasees that might affect the health and/or safety of Participants. The Releasees will not be obligated to refund any Participant any registration fees due to a cancellation.
(8) In consideration and in return for being allowed to participate in the Gauntlet, I, on behalf of myself, and, if applicable, my Ward, grant permission to Releasees to use, reproduce, disseminate and distribute any and all photographs, images, videotapes, motion pictures, recordings, or any other depiction of any kind of Participant or my or my Ward’s participation in an Gauntlet or related activity for any legitimate purpose in connection with the promotion of the Gauntlet, the business of SOCOM Athlete LLC and/or the Combat Diver Foundation Inc., and I understand that Participant will not be entitled to any compensation in connection therewith. I further hereby grant permission to the Releasees to film, videotape and record the performance of the Participant in the Gauntlet and subsequently to telecast, sell, distribute and otherwise utilize the same in whatever manner Releasees shall deem appropriate in connection with the promotion of the Gauntlet, and the business of the Releasees. Such permission shall include granting the rights to Releasees, without compensation of any kind to Participant, to use, reproduce or broadcast, Participant’s image, likeness, and photograph in connection with the promotion of the Gauntlet, and the business of the Releasees. I acknowledge that the Releasees shall have the right throughout the world to copyright, use, reuse, publish, republish, broadcast and otherwise distribute depictions of Gauntlet Participants and all or any portion of the Gauntlet in which Participants may appear on any and all social media, online networks, and in any other format or media (including electronic media) now known or hereafter devised in perpetuity in connection with the promotion of the Gauntlet, and the business of the Releasees and without compensation to Participant.
(9) In consideration and in return for being allowed to participate in the Gauntlet, Participant releases and agrees not to sue the Releasees from all present and future claims regarding Participant’s participation in events organized by the Releasees, including the Gauntlet, by Participant and his/her heirs, assigns, spouses, partners, personal representatives and/or next of kin.
(10) If any of the provisions of this Waiver, Release of Liability, Covenant Not to Sue & Image Release (“Waiver”) shall be deemed by a court of competent jurisdiction invalid or unenforceable in any respect, then, to the fullest extent permitted by applicable law, all other provisions hereof shall remain in full force and effect.
