RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (Ultra Run)

RELEASE AND WAIVER
Attention: This is a release of certain legal rights. Be sure to read and understand it before registering for the EPIC5 Ultra Run Challenge (the “Event”) and consult with an attorney as you may deem necessary or advisable.

GENERAL ASSUMPTION OF RISK AND RELEASE LIABILITY
I understand that running, particularly long-distance running events such as the Event, is strenuous exercise and potentially hazardous activity. I represent that I will not enter and participate in the Event unless I am medically able and properly trained. I acknowledge that participating in the Event poses many hazards, including but in no way limited to falls, bad weather, heat exhaustion, and general bodily injury. I knowingly and willingly assume all risks associated with, running in the Event including but not limited to death or injury due, but in no way limited, to falls, falling objects, contact with other participants, the effects of the weather, including high heat and/or humidity and cold temperatures, the conditions of the road and trails and traffic on the course, all such risks whether obvious or not and appreciated by me. I am entering the Event with full knowledge that it is possible that I could be hurt or face life-threatening injuries. I understand that the dangers and risks of running, practicing, or training in the Event include, but are not limited to, death, serious neck and spinal injuries which may result in complete or partial paralysis or brain damage, serious injury to virtually all bones, joints, ligaments, muscles, tendons, and other aspects of the muscular-skeletal system, and serious injury or impairment to other aspects of my body, general health and well-being. Because of the dangers of participating in the Event, I recognize the importance of following all instructions of the race organizers but also of taking responsibility for my own injury prevention when necessary as well as bringing any types of medications or aid that I may deem necessary to the Event and during training. There are also animals and insects that may be present during the Event as it does occur outdoors and all such possibilities of hazards involving the same are assumed by me and I should take all precautions regarding the same. I understand that bicycles, skateboards, baby joggers, roller skates or roller blades, animals, and personal music players are not allowed in the Event and I will abide by all Event rules. I fully assume all risks of injury, illness or death, and release, covenant not to sue, and discharge EPIC5 Challenge LLC, the race director, volunteers, all sponsors, and any individuals or groups associated with the Event (collectively, “EPIC5 Persons”), all actions, claims or demands for damages arising out of my participation in the Event. The forgoing release is binding upon me personally, as well upon my heirs, executors, and administrators, and all members of my family, or anyone else who may make claim on my behalf.

HEALTH AND SAFETY
I have been advised to consult with a medical doctor with regard to my personal medical needs. I represent that there are no health-related reasons or problems that preclude or restrict my participation in the Event. I recognize that no EPIC5 Person is obligated to attend to any of my medical or medication needs, and I assume all risk and responsibility therefore. In case of medical emergency occurring during my participation in the Event about which neither I nor my designated representative(s) is able to provide consent or direction to medical professionals, I authorize in advance, EPIC5 Persons to secure whatever treatment necessary or advisable from a medical professional, including, but in no way limited to, the administration of an anesthetic and surgery. I release all EPIC5 Persons from all liability for any bodily injury or damage I sustain as a result of any medical care that I receive resulting from my participation in the Event, as well as any medical treatment decision or recommendation made by any EPIC5 Person. Furthermore, I agree to pay all expenses relating thereto and release all EPIC5 Persons from any liability for any such expenses.

PHOTOGRAPHY
I grant permission to EPIC5 Challenge LLC, and its authorized agents, to use my name and any photographs, videos, motion pictures, recordings, or any other record of my participation in this event.
I agree to abide by all photography rules & regulations set by EPIC5 Persons along the course, and acknowledge and understand that in some instances when on historical property, no photos or videos are permitted at all.

COURSE
I acknowledge and agree that EPIC5 Challenge LLC reserves the right, in its sole discretion, to cancel or modify the course for any reason, including but in no way limited to, extreme weather or conditions, lack of required permits, on the direction or recommendation of relevant government officials.

REFUND & TRANSFER POLICY 

EPIC5 Challenge, at its sole discretion, may defer your entry to a future event upon your written request and on a case-by-case basis, but is under no obligation to do so.  We generally do not issue refunds unless there are extenuating circumstances and the request is 4+ months in advance, prior to logistics & staff being finalized. All refund requests must be submitted in writing 4+ months prior to the event start date, and approval is at the sole discretion of the EPIC5 managing staff.

I acknowledge and agree that the entry fee and registration is my sole responsibility and once the event begins is non-refundable regardless of my ability to complete the Event or any aspect thereof.  

In the event that a minimum number of participants (as determined by EPIC5 Challenge) have not been accepted by EPIC5 Challenge by three (3) calendar months prior to the first day of the event, EPIC5 Challenge, in its sole discretion, shall have the right to cancel such event and provide a full refund of all monies that you may have paid to EPIC5 Challenge.

GOVERNING LAW AND JURISDICTION

I acknowledge and agree that this Release and Waiver is governed by the laws of the State of Hawaii without regard to any conflict of laws doctrine and that the courts of the State of Hawaii shall have exclusive jurisdiction with respect to any and all disputes that may arise from herefrom.

SIGNATURE
I indicate that by my digital signature with the application that I have read the terms and conditions or participation and agree to abide by them. I have carefully read this Release and Waiver and acknowledge that I understand its content in its entirety.