Planet Adventure Geocaching Challenge

WAIVER AND RELEASE OF LIABILITY
Planet Adventure Geocaching Challenge 2010
PLEASE READ CAREFULLY

In consideration of being allowed to participate in the Planet Adventure Geocaching Challenge 2010, the undersigned:

• Acknowledge and fully understand that each participant will be engaging in activities that involve risk of serious injury, including permanent disability and death, and severe social and economic losses which might result not only from their own actions, inactions or negligence but the actions, inactions or negligence of others, the rules of play, or the condition of the premises or of any equipment used. Further, that there may be other risks not known to us or not reasonably foreseeable at this time. Assume all the foregoing risks and accept personal responsibility for the damages following such injury, permanent disability or death.
• Acknowledge that this is a strenuous athletic event. I certify that I have no physical or medical condition which would interfere with my participation in the Planet Adventure Geocaching Challenge 2010 and that I have trained adequately for this race.
• Release, waive, discharge and covenant not to sue the volunteers and organizers of this event, if applicable, owners and leasers of premises used to conduct the event, all of which are hereinafter referred to as "releasees", from any and all liability to each of the undersigned, his or her next of kin for any and all claims, demands, losses or damages on account of injury, including death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the releasee or otherwise.
• Acknowledge this event will require the participants to run on rugged and uneven surfaces, some of them far less than perfect, including but not limited to hiking trails, roads, unimproved trails, mud, swamps, cliffs, lumpy fields covered with waist high grass and river crossings. I know that broken bones, reactions to poison ivy, insect bites and bruising are common occurences in this extreme event and that I may be far away from medical support.
• Understand that the event will be held rain or shine in unpredictable weather conditions. Weather may affect the safety level of the various event activities. Participants are strongly encouraged to carry their own personal medical insurance and understand that in the event of needing medical assistance they shoulder the full liability for such costs. The Releasees reserve the right to postpone, cancel, or modify the event due to weather conditions or other factors beyond the control of the releasees, which might affect the health or safety of the participants. No refunds will be granted.
• Grant permission for the use of my name and or likeness related to my participation in any event conducted by Tailwynd, LLC. and Planet Adventure LLC. I also grant the use of my voice and any and all recorded and or filmed/video/photographed footage of me, and further waive all of my rights to any compensation, as a result of my name or likeness being used in any way.

In submitting this entry,I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS AND AGREE NOT TO SUE Tailwynd, LLC., Planet Adventure, LLC., IndyXpress LLC, the Consolidated City of Indianapolis, their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, volunteers, and if applicable, owners and lessors of premises used to conduct the event (“Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, or any resulting expense or cost WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. This applies to the above stated entities and individuals while participating and/or working within the event’s geographical parameters; including pre-event setup and post-event breakdown and any other event-related activities.

UNDER 18: AS A PARENT OR GUARDIAN OF THE BELOW NAMED MINOR, I HEREBY CERTIFY THAT I HAVE READ ALL THE ABOVE DOCUMENT, THAT I GIVE MY PERMISSION FOR MY CHILD OR WARD TO PARTICIPATE IN THIS EVENT AND THAT I AGREE ON BEHALF OF MYSELF AND MY CHILD/WARD TO THE TERMS OF THIS DOCUMENT.

THE UNDERSIGNED HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTANDING THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND SIGN IT VOLUNTARILY.