All applicants are required to read and agree to be bound by the following Release & Waiver of Liability in order to participate in the Mount Marathon Race.
Release & Waiver of Liability
I, the person registering to participate, being above the age of eighteen, or the legal guardian of a registrant or applicant who is under 18, in consideration of the services of the Mount. Marathon Race organizers and their officers, volunteers, participants, employees and all other persons or entities acting in any capacity on their behalf, hereby agree to release and discharge the Mount Marathon Race organizers and any additional insured companies on behalf of myself, my heirs, assigns, personal representatives and estate as follows:
- I understand and acknowledge that the mountain race I am about to engage in as a participant bears certain known risks and unanticipated risks which could result in physical or emotional injury, death, paralysis, or damage to myself or spectators or other third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the race. The following list describes some of the risks associated with mountain trail running:
- The risks inherent to mountain trail running.
- Acts of other participants.
- Risks incurred due to inclement weather conditions, including but not limited to high winds, rain, snow as well as excessive heat.
- Risks incurred due to hazardous contact with plants or wild animals.
- My own physical condition, or my own acts or omissions.
- Risks incurred due to conditions of the race trail or terrain.
- Risks incurred from receiving First Aid, emergency treatment or other wilderness medical services rendered.
- Risks incurred due to the distance of this activity’s location from emergency medical facilities.
- I understand that this activity entails known and unknown risks of injury to myself and a risk of injury to spectators or other third parties as a result of my actions, I expressly agree, covenant, and promise to accept and assume all responsibility and risk for injury, death, illness or disease, or damage to myself to others arising from my participation in this race. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of the risks.
- I hereby voluntarily release, forever discharge, and agree to hold harmless and indemnify the Mount Marathon Race organizers and their employees, volunteers and all other persons or entities from any liability, claims, demands, actions or rights of actions, which are related to, arise out of, or are in any way connected with my participation in this race, including specifically but not limited to, the acts or omissions of the Mount Marathon Race organizers, their volunteers or employees, and all other persons or entities for any and all injury, death, illness or disease, and damage to myself.
- Should it become necessary for the Mount Marathon Race organizers or someone on the Mount Marathon Race organizers behalf, in incur attorney’s fees and costs to enforce this agreement, or any part thereof, I agree to pay the Mount Marathon Race organizers reasonable costs and attorney’s fees thereby expended, or for which liability is incurred.
- I certify that I have sufficient health, accident and liability insurance to cover any bodily injury I may incur while participating in this event and to cover bodily injury caused to a third party as a result of my participation in this event. If I have no such insurance, I certify that I am willing to and capable of personally paying for any and all such expenses or liability.
- In the event that I file a lawsuit against the Mount Marathon Race organizers, I agree to do so solely in the state of Alaska, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.
- I authorize the use of my photogenic image for inclusion in any Mount Marathon Race brochure or for any other advertising purposes.
- I understand that no registration fee refunds will be issued in the event of race cancellation, nor in the event I make a personal choice to not participate, due to severe weather conditions, road closures, natural disasters, including but not limited to fire and/or unhealthy air quality, nor threats to local and national security and any unknown condition that may result from any of these events.
- I understand that the Mount Marathon Race committee recognizes that the use of performance enhancing drugs give users an unfair performance advantage over non-users. Performance enhancing drugs include anabolic steroids and any other natural or synthetic substance used to increase muscle mass, strength, endurance, speed or other athletic ability, excluding dietary and nutritional supplements such as vitamins, minerals, and proteins which can be lawfully purchased over-the-counter. I understand that individuals who use performance enhancing drugs are prohibited from participation in the Mount Marathon Race. I attest that I am not using performance enhancing drugs and will remain performance enhancing drug free.
BY SUBMITTING MY APPLICATION ONLINE, I FULLY RECOGNIZE THAT IF ANYONE IS HURT WHILE I AM ENGAGED IN THIS EVENT, I WILL HAVE FREELY GIVEN UP MY RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST THE MOUNT MARATHON RACE ORGANIZERS, AS WELL AS THEIR OFFICERS, AGENTS, VOLUNTEERS AND EMPLOYEES, EVEN IF THEY OR ANY OF THEM CAUSED THE BODILY INJURY. I RECOGNIZE THAT MOUNTAIN TRAIL RUNNING IS INHERENTLY RISKY AND DANGEROUS AND AM PARTICIPATING IN THIS EVENT IN SPITE OF THE RISKS. CHECKING THE BOX BELOW INDICATES THAT I HAVE READ THIS ENTIRE DOCUMENT, UNDERSTAND IT COMPLETELY, UNDERSTAND THAT IT AFFECTS MY LEGAL RIGHTS, AND AGREE TO BE BOUND BY ITS TERMS.