Virtual Club Event Waiver

Please read this entire Acknowledgement and Assumption of Risks & Release Waiver (hereafter “Form”) carefully before signing. To take part in the Virtual Club a participant must be 18 yrs of age or older. The adult participant (those 18 yrs. of age or older), must agree to this Form. In consideration of the services of Square Mile Sport (hereafter “SMS”) in allowing me to participate in this scheduled SMS competitive event and related activities (collectively, the “Event”) and other activities, I acknowledge and agree as follows:

Acknowledgement and assumption of risks

The Event takes place indoors or outdoors and can include but not be limited to: warm-up exercises, walking, competitive running, cycling both in practice and in the Event; participation in training, demonstrations or other games and activities, attendance at any activities, and use of any equipment (the Event and other activities collectively referred to in this Form as “activities” or “activity”). Activities may be scheduled or unscheduled, mandatory or optional, whether or not authorised and/or conducted by SMS, structured or unstructured and include free time. I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Form as “risks”) of these activities can cause injury, damage, death or other loss to participant or others. The following describes some, but not all of the inherent risks, as applicable to participant’s activities:

Risks in any competitive or athletic activity. Training for, practising or competing in races or other events and associated running, cycling and other conditioning involves frequent and repetitive use of the arms and legs, fitness and endurance, and pushing the limits of the participant’s speed and abilities.

Risks present in an outdoor environment. Participants may be subject to: high altitude or mountainous terrain; severe storms or bad weather such as lightning, strong winds, rain, hail, snow and ice; extremely hot or cold weather; stinging, venomous and/or disease carrying animals (including marine life) or insects and other natural or man-made hazards. Hazards (both on land and above and below water level) may not be marked or visible and weather is always unpredictable.

Running and walking risks. These risks include the risk of colliding with objects (including parked or moving vehicles and/or bicycles) or people on land, tripping or falling down or encountering other road/trail hazards.

Cycling risks. These risks include the risk of losing control resulting in; falling from the bike, colliding with objects (including parked and moving motor vehicles, parked or moving non-motor vehicles, stationary objects) or people (including other cyclists, pedestrians).

Personal health and participation risks. The risk that a participant’s mental, physical or emotional condition (including any use or abuse of alcohol or prescription or non-prescription drugs), whether disclosed or undisclosed, known or unknown, combined with participation in these activities could result in injury, damage, death or other loss. Although SMS may review participant’s medical information, submitted in the registration process, SMS cannot anticipate or eliminate risks or complications posed by a participant’s mental, physical (including fitness level) or emotional condition.

Supervision and activities risks. I understand that neither SMS nor its staff, representatives, volunteers, contractors or anyone associated with them will be supervising participant during the activities or at any time. Adult participant agrees he/she is solely responsible for his/her own well-being at all times.

Fair Play Rules

The goal of the Virtual Club is to provide our athletes with an exceptional virtual racing experience with accurate and credible results. We expect athletes to do their part by entering accurate data, correctly calibrating equipment, and selecting reasonable courses. We reserve the right to remove results that we determine are erroneous or unusual, including without limitation, results that would be unattainable in a typical race. Any athlete who is determined to have intentionally manipulated data or otherwise attempt to cheat the Virtual Club system may be suspended from future events.

By accepting this Form, in consideration of allowing me to enter and participate in the Event I hereby acknowledge and declare as follows: 

• I wish to enter and participate in the Event upon and subject to the provisions of this Release and Waiver, the Event terms and conditions and the Event rules.
• I understand that the Event is a potentially dangerous athletic event and that my participation in the Event may result in personal injury or harm. I therefore recognise that my participation in the Event is entirely at my own risk and subject to applicable law I agree to assume all risks of loss, damage, injury or death which may be sustained.
• Any purchases to participate in the Event are NON-REFUNDABLE and NON-EXCHANGEABLE.
• I will review all materials received, accurately complete and agree to the registration information, documents and process, and rules and policies. I will obey all rules and policies, which include any Competition Rules with any applicable exceptions for Virtual Club competitions; and all information included in any Event-specific athlete information guides and Event-specific athlete briefing sessions, as each of the foregoing may be amended, from time to time; and all traffic laws.
• I am fully capable of participating without causing harm to myself or others. I further agree that participating in these activities requires fitness and endurance, that I am solely responsible for my conditioning and fitness before, during and after the activities, and that I, in conjunction with my physician, am responsible for determining whether these activities are appropriate for me, before I participate;
• If SMS contracts with individuals or organizations that are independent contractors (not its employees or agents) to provide some of the Event services and to conduct some of the activities participants will engage in. I acknowledge that SMS does not supervise or control these independent contractors and is not legally liable or responsible for their conduct. In addition, activities take place on premises or at facilities not owned or controlled by SMS, and SMS does not oversee or take responsibility for any aspect or condition of these independent facilities or premises;
• The information provided in this Form is not exhaustive, other unknown or unanticipated activities, inherent or other risks and outcomes may exist, and SMS cannot assure my safety or eliminate any of the risks. I understand I can and should consult SMS representatives if I have further questions about the activities or the associated risks; and
• I am voluntarily participating with knowledge of the risks. Therefore, I assume and accept full responsibility for myself, for the inherent and other risks (both known and unknown) of the activities, and for any injury, damage, death or other loss I may suffer, resulting from those risks, including but not limited to the risk of my, a co-participant’s, a Released Party’s, a spectator’s, a volunteer’s and/or a third party’s passive or active negligence or other misconduct.

That intending to be legally bound and subject to applicable law, I do hereby, for myself, and my heirs, executors, and administrators:

• waive, release and forever discharge any and all rights or claims for damages which I may have or which hereafter accrue to me against all persons, organizations, and legal entities affiliated with the Event including, without limitation, SMS, and their affiliates, subsidiary and holding companies together with their respective representatives, officers, employees, agents, successors, assigns, and sponsors (together, the “Indemnified Parties”), for any and all damages which may be sustained or suffered by me in conjunction with my entry into, and/or arising out of my travel to, participation in, or return from the Event; and
• irrevocably indemnify and forever hold the Indemnified Parties harmless from and against all costs and expenses (including legal costs), actions, proceedings, claims, demands and damages arising from a breach by myself or my fellow team members of the undertakings contained herein or arising from any act or omission of myself or my fellow team members.

Without prejudice to the foregoing I further acknowledge and agree that: 

• I will undertake to the Indemnified Parties to be liable for any death or personal injury to third parties, damage to property or any other claims, losses, costs (including, without limitation, all legal costs) or demands arising out of any negligent or wilful act or omission by myself whether arising during my participation in the Event or otherwise; and
• under no circumstances will any of the Indemnified Parties be liable for any actual or alleged indirect loss or consequential loss howsoever arising suffered by myself or any other third party including, but not limited to, loss of profits, anticipated profits, savings, business or opportunity or loss of publicity or loss of reputation or opportunity to enhance reputation or any other sort of economic loss.

Other Provisions

By accepting this form and in further consideration of allowing me to enter and participate in the Event I hereby:

• consent to the recording/photography and use and reuse by Square Mile Sport, The Event Agency and any of their respective licensees, assignees, parents, subsidiaries, or affiliated entities and each of the respective employees, agents, officers and directors (collectively “Releases”) of my voice, actions, likeness, name and appearance in video footage of the Event and all media now known or hereafter devised, worldwide in perpetuity on a royalty-free basis, in or in connection with the Event.
• I agree the Releases may use all or any part of my likeness, and may alter or modify it regardless of whether or not I am recognizable. I further agree that the Releases exclusively own all right, title, and interest (including, without limitation, all copyrights) in and to any video footage created throughout the Event and further agree that the Releases may use my likeness in connection with any promotion, publicity, marketing or advertisement for future SMS events.
• I hereby release the Releases from any and all liability arising out of its recording or use of my likeness as herein described. I agree not to make any claim against Releases as a result of the recording or use of my likeness and/or the materials (including, without limitation, any claim that such use invades any right of privacy and/or publicity).

I agree: I have carefully read, understand and agree to voluntarily accept this Form and understand that by doing so I am entering into a legally binding contract with SMS. I acknowledge that this Form will be effective and legally binding upon me (and if I am participant’s legal guardian, participant), and my/participant’s spouse, children and other family members, and my/participant’s heirs, executors, representatives, subrogors and estate.