In Cold Mud Weekend

WAIVER AND RELEASE OF LIABILITY In consideration of the risk of injury while participating in the In Cold Mud Run on this day Of May 8th, 2021, and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, and personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge the Town of Beech Mountain, located at 1330 Pine Ridge Road, Beech Mountain, North Carolina 28604, its affiliates, managers, council members, agents, attorneys, staff, volunteers, employees, representatives, successors and assigns for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. I agree to indemnify and hold harmless the Town of Beech Mountain against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related cost, if litigation arises pursuant to any claims made by me of by anyone else acting on my behalf. If the Town of Beech Mountain incurs any of these types of expenses, I agree to reimburse the Town of Beech Mountain for those amounts. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS ‘’WAIVER AND RELEASE’’ AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE TOWN OF BEECH MOUNTAIN AND ITS MANAGERS, COUNCIL MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, EMPLOYEES REPRESENTATIVES, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST TOWN OF BEECH MOUNTAIN FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statue or case law does not prohibit releases for negligence, this release is also for negligence on the part of the Town of Beech Mountain, its agents and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, negligence, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions. This agreement was entered into arms-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining position. Both the undersigned and the Town of Beech Mountain agree that this agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purpose for which it is entered into. The undersigned is aware that all activities are entirely voluntary, and acknowledges that they can elect not to take part in any activity which they feel may involve some element of risk or discomfort. This undersigned acknowledges that any treatment from Staff for injuries they may sustain will be of first aid type only, given with the undersigned’s permission, and that the provider may not be medically trained. The undersigned further waives any claim for incidental or consequential damages. The undersigned further consents for the Town of Beech Mountain and any agent, nominee, or designee of the Town (including any agency, client, or periodical or other publication) to reproduce, sell, and/or use of photographs and/or video of the undersigned (with or without the use of the individual’s name), for all purposes, and in all manners, including trade, display, advertising, editorial, art, internet, and exhibition, an unlimited number of times, in perpetuity, and by any and all media This RELEASE is entered into in Watauga County, North Carolina. It shall be governed by North Carolina law and venue and jurisdiction shall be in the Courts of Watauga County, North Carolina. If any part of this RELEASE is held to be invalid by a court of competent jurisdiction the remainder shall be held in full force and effect. PARTICIPANT agrees that this RELEASE is intended to be interpreted as broadly and to apply to as many situations as possible. This is a binding legal document. I have read this RELEASE in full and have had the opportunity to consult an attorney of my choice. SecureFee™ Registration Cancellation Insurance is offered in most states. If purchased, your registration may be covered for one of the covered reasons stated in the policy.