Rainbow Run – Bubble Fun 2021
Wavier and Consent
In consideration of Wessex Cancer Trust (WCT) allowing you to take part in Rainbow Run Bubble Fun (the “Event”) you must carefully read this Waiver and Consent Form and then tick ‘I agree to the Waiver & Consent Form’ when you sign up via the website, by ticking this box, you will be confirming, warranting, covenanting, representing and agreeing that:
- You have read and reviewed the details of what participation in the Event entails as is set out on the event website and that you acknowledge, fully understand and accept that:
(i) the Event is a potentially hazardous activity on a challenging obstacle course;
(ii) the Event is physically strenuous;
(iii) your participation in the Event will be physically demanding and may involve competing in poor weather conditions and/or bad light;
(iv) the various medical, physical and emotional risks which are inherent in your participation in the Event which include but are not limited to: injuries involving obstacles; accidents involving other Participants and/or spectators and/or the potential for permanent paralysis or death and property loss and/or damage;
(v) there is a risk of serious bodily injury (including permanent disability, paralysis) and death associated with your participation in the Event;
(vi) dangers may be caused by your own actions or inactions and/or the actions or inactions of others participating in the Event and/or the conditions under which the Event are conducted;
(vii) insects and wild animals may be present on the course.
- You are physically and mentally capable of competing in the Event and confirm that you are not suffering from and have never suffered from any medical and/or physical and/or mental limitation or condition (including, but not limited to: heart complaints, diabetes, asthma, back or neck problems, epilepsy, any allergies or skin complaints, migraines, phobias and or panic attacks). You are not taking any form of prescribed medication. You are not pregnant nor breastfeeding nor are you suffering from any broken bones and/or serious muscles sprains and/or strains nor are you suffering from any illness or disability which might affect your participation in the Event. If you are suffering from any medical and/or physical and/or mental limitation or condition and/or illness and/or disability and/or are pregnant and/or are breastfeeding, then you confirm that you have made WCT aware of this and confirm that you have sought medical advice and secured written medical approval in relation to your participation in the Event. If, at any time after you sign and submit this document, you develop or are discovered to be affected by any medical or physical limitation or condition that might affect your ability to safely participate in the Event, or meet the physical demands required, you agree to make such limitations and conditions immediately known to the Event staff and/or WCT and understand that in such circumstances the Event staff and/or WCT will decide, at its sole discretion, whether you will be allowed to participate in the Event and whether any refund will be payable if you are not allowed to compete on medical grounds.
- You also acknowledge and accept that WCT at all times reserves the right to prevent any Participant from taking part in the Event, if in WCT’s sole discretion it considers such action necessary for the safety of the Participant and/or other Participants. No refund of the entry fee shall be made if a Participant is deemed to be incapable of safely competing in the Event and is prevented by WCT and/or its events team from doing so.
- You are participating in the Event voluntarily, with full knowledge of the potential risks entailed and that you are expressly, knowingly and voluntarily assuming the entire risk of any and all physical or emotional injury associated with or caused by your participation in the Event.
- You understand and will ensure that you observe all applicable rules for participation in the Event at all times. If at any time, you believe conditions to be unsafe then you will inform WCT and will immediately ceases from further participation in the Event.
- You accept total responsibility for the condition, maintenance and safekeeping of any personal possessions and/or equipment that you bring to and/or may use during the Event, including but not limited to mobile phones and cameras.
- You consent to and authorise any and all medical and hospital treatment emergency first aid, medication, medical or hospital treatment or surgery that is deemed advisable or necessary by qualified medical personnel for you in the event of injury, accident or illness occurring during your participation in the Event.
- You will not be under the influence of drugs and/or alcohol when participating in the Event.
- YOU ACKNOWLEDGE UNDERSTAND AND AGREE, ON BEHALF OF YOURSELF AND YOUR HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN THAT YOUR EXECUTION OF THIS DOCUMENT CONSTITUTES: A. AN UNQUALIFIED ASSUMPTION BY YOU OF ALL RISKS associated with your participation in the Event. B. A FULL AND FINAL RELEASE AND WAIVER OF LIABILITY AND ALL CLAIMS that you and/or they have, or may in the future have, against WCT and its respective parents, subsidiaries, affiliates, administrators, members, directors, agents, officers, consultants, contractors, representatives and medical advisors and sponsors, venues and directors, contractors, representatives and agents (all of whom are collectively referred to as the “Released Parties”) from any and all liability for any loss, damage, injury or expense that you may suffer as a result of your presence at and/or participation in the Event. C. AN AGREEMENT TO INDEMNIFY, and to SAVE and HOLD HARMLESS the Released Parties, from: (i) any all liability, damages, actions, claims, expenses and demands in relation to any damage or loss, litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them by or on behalf of you and/or your estate; and (ii) any all liability, damages, actions, claims, expenses and demands in relation to any damage or loss, litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them by any third parties as a result of your actions during the Event.
- Nothing in this Waiver and Consent Form shall exclude or limit the liability of WCT for death or personal injury caused by WCT’s negligence, for fraud or fraudulent misrepresentation, or for any matter for which it would be illegal for WCT to exclude or attempt to exclude its liability.
I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM WAIVING CERTAIN SUBSTANTIAL LEGAL RIGHTS WHICH MY CHILD OR WARD AND HIS OR HER HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASED PARTIES BY SIGNING IT AND HAVE SIGNED IT FREELY WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS DOCUMENT IS HELD TO BE INVALID THAT THE BALANCE SHALL CONTINUE IN FULL FORCE AND EFFECT.