As a condition for and in consideration of being allowed to compete in the Southern Mountain Gear 2025 Race Series even I/we hereby make the following acknowledgments, releases, and waiver claims:
1) Assumption of Risk:Participant acknowledges that Southern Mountain Gear, LLC. events are intended to be extreme, dangerous and hazardous races. Southern Mountain Gear, LLC. race courses may take place in steep and isolated jungles and river valleys, in reef and surf break areas and in swamps and other dangerous parts of the island. Participant acknowledges that these areas are inherently dangerous and no one has represented that the areas will be made safe for Southern Mountain Gear, LLC. events. Participant is aware of what trail running and adventure racing is and is aware that injuries are possible. Participant understands and acknowledges that participating in a Southern Mountain Gear, LLC. event will expose him or her to the risk of personal injury, death, dehydration, leptospirosis and other illnesses, as well as the risk of becoming lost, and the risk of damage to his or her property. Participant further acknowledges and understands that the above risk exist even as a member of a support crew, volunteer or race official, representative, organizer, sponsor and or executive committee member (“released Parties”), including without limitation, the risk of negligent instruction or supervision. Participant is voluntarily engaging in the Southern Mountain Gear, LLC. event with full knowledge of the risk of injury, death and property damage. Participant hereby assumes any and all know or unknown risks of injury, death and property damage that may result from his or her participation in this event.
2) Release of Liability: Participant hereby releases any and all released parties described above, Southern Mountain Gear, LLC., including without limitation Southern Mountain Gear, LLC. event sport management, all volunteers and all other members of the executive committee, military, government and private such and rescue personnel, the sponsors of the event, and private land owners, from all liability, claims, damage or from demands of personal injuries, death or property damage to the participant and to participant’s principles, employees, agents, representatives, guardians, successors, assigns, heirs and children, which may arise from or be related to any participant in a Southern Mountain Gear, LLC. event. The release includes without limitation, any person injury, death, or property damage caused by the active or passive negligence of any of the released parties. Participant agrees to bear sole responsibility for any loss or injury.
3) Release for Unknown Claims: Participant acknowledges and agrees that this release applies to all claims for injuries, death and property damage which may be through claimable by participant during or after a Southern Mountain Gear, LLC. event, but at this time are unknown, unforeseen, or unanticipated. Participant waivers and releases all such future claims. Participant hereby expressly waives the provision of section 1542 of the Civil Code of Guam and the provisions of any similar statue of any other jurisdiction which reads as follows: “A general release does not extend to claims which the creditor does not know or expect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Participant understands and acknowledges that after executing this waiver and release if he or she should suffer injury, death and or property damage during or as a result of a Southern Mountain Gear, LLC. event, then he or she will not be able to claim for damages against any of the released parties.
4) Other: Participant acknowledges that the photographs and video images will be taken of his or her participation in all Southern Mountain Gear, LLC. events before, during and/or after the event. Participant is aware that these pictures and video clips may be used by the photographer(s), any or all event sponsors, and race executive committee member at will.
5) Knowingly and Voluntarily Executed: Participant acknowledges that he or she has carefully read this agreement and understands its contents and that the released parties will be relying on this waiver and release when they allow participant to participate in a Southern Mountain Gear, LLC. event.
