WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, COVENANT NOT TO SUE & IMAGE RELEASE
(“Agreement”)

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PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING.
This is a legally binding agreement. Each participant (“Participant”), and if Participant is under 18, their parent or legal guardian (“Guardian”), must sign this Agreement.

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In consideration of my (“I,” “me,” “my”) participation—whether as a competitor, volunteer, staff member, or spectator—in any Absolute Mountain event, including the Absolute Mountain Race, Absolute Beach, Absolute Desert, training sessions, workouts, practices, demonstrations, or any other Absolute Mountain-owned, operated, licensed, or sponsored activity (collectively, the “Event”), I acknowledge and agree as follows:

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1. ACKNOWLEDGMENT OF RISKS

I understand that participation in the Event involves significant risks of serious injury or death. These risks include, but are not limited to:

• Strains, sprains, fractures, torn ligaments, and other musculoskeletal injuries

• Heat-related illness, dehydration, hypothermia, sunburn, and overexertion

• Cardiac events, respiratory distress, and other medical emergencies

• Slips, trips, collisions, falls from height, beach terrain hazards, unstable ground, sand, water, rocks, obstacles, workout stations, or equipment

• Exposure to ocean conditions, including waves, rip currents, or tidal changes

• Interaction with other participants, volunteers, spectators, vehicles, equipment, animals, or environmental hazards

• Cuts, abrasions, allergic reactions, stings, bites, infections, and illness

• Permanent paralysis, disability, or death

 

I acknowledge that Absolute Mountain has taken reasonable steps to promote safety but cannot eliminate these inherent risks, nor can Event rules or equipment fully prevent injury.

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2. ASSUMPTION OF RISK

I KNOWINGLY, VOLUNTARILY, AND FREELY ACCEPT AND ASSUME ALL RISKS, inherent or otherwise, whether caused by my own actions, the actions of others, conditions at the Event, acts of God, or the negligence of the Released Parties (defined below).

If I observe an unsafe condition, I agree to remove myself from participation and notify Event staff.

 

3. WAIVER, RELEASE, AND COVENANT NOT TO SUE

To the fullest extent permitted by law, I—on behalf of myself, my heirs, executors, administrators, assigns, spouse/partner, and next of kin—FOREVER WAIVE, RELEASE, AND DISCHARGE Absolute Mountain, LLC; event venues; landowners; municipalities; sponsors; affiliated nonprofits; medical providers; volunteers; contractors; and all owners, officers, directors, employees, agents, affiliates, representatives, successors, and assigns (collectively, the “Released Parties”) from any and all claims relating to:

• Injury, illness, disability, death

• Loss or damage to person or property

• Negligence (but not gross negligence or intentional misconduct)

• Participation in or association with the Event

• Emergency medical treatment or rescue operations

I further agree not to sue any Released Party for any claim covered by this Agreement and agree to indemnify, defend, and hold harmless the Released Parties from any such claims, including attorney’s fees.

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4. PHYSICAL CONDITION & QUALIFICATION

I represent and warrant that:

• I am physically fit to participate in all Event activities

• I have no condition that would make participation unsafe

• Participation is voluntary

• I understand the physical demands of an uphill race, beach-based fitness event, and related workout stations

If participating on behalf of a minor, I certify I am the legal guardian and that the minor is healthy and capable of safe participation.

 

5. MEDICAL TREATMENT CONSENT

I consent to first aid, medical care, transportation, evacuation, and emergency treatment deemed necessary during the Event. I release and indemnify all Released Parties from any claims arising out of such treatment or related decisions. I authorize the disclosure of medical information for treatment or insurance purposes.

I understand I am responsible for any medical costs incurred.

 

6. EVENT CHANGES, DELAYS & CANCELLATIONS

Absolute Mountain may postpone, modify, or cancel the Event due to weather, unsafe conditions, natural disasters, emergency conditions, or other circumstances beyond its control. I understand fees are non-refundable in the event of cancellation unless required by applicable law.

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7. IMAGE & MEDIA RELEASE

In consideration of being permitted to participate, I grant Absolute Mountain and its affiliates a perpetual, worldwide, royalty-free license to use my name, voice, image, likeness, photos, videos, and race results for any legitimate promotional, commercial, or media purpose, without compensation.

I waive all rights of inspection or approval.

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8. PERSONAL PROPERTY

I understand that Absolute Mountain is not responsible for lost, damaged, or stolen personal property, and any belongings left unattended are at my sole risk.

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9. MINOR PARTICIPANTS (IF APPLICABLE)

If the Participant is under 18:

• I understand the Event involves dangers that cannot be eliminated

• I consent to the minor’s participation

• I waive, in advance, any claims the minor may have against the Released Parties arising from inherent risks of the Event

• I accept full responsibility for supervising and ensuring the minor’s safety before, during, and after participation

 

10. ACKNOWLEDGMENT OF UNDERSTANDING

I HAVE READ AND UNDERSTAND THIS AGREEMENT.
I ACKNOWLEDGE THAT BY SIGNING, I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS.
I SIGN FREELY AND VOLUNTARILY.

 

11. STATE-SPECIFIC LEGAL COMPLIANCE & SAVINGS CLAUSE

This Event may take place in any U.S. state.
This Agreement is intended to be valid and enforceable in all 50 states, and shall automatically adjust to comply with each state’s statutes and case law governing liability waivers, releases, and assumption-of-risk agreements.

 

A. Virginia-Specific Notice (Very Important)

I understand that Virginia law prohibits enforcement of pre-injury liability waivers for negligence, meaning that I cannot waive claims arising solely from the ordinary negligence of Absolute Mountain, LLC or its Released Parties.

 

Therefore, in Events located in Virginia, the following applies:

1. This Agreement does NOT release claims arising from the ordinary negligence of the Released Parties to the extent prohibited by Virginia law.

2. This Agreement DOES release claims for inherent risks, assumption of risk, and all claims permitted under Virginia law, including but not limited to:

   • obvious and necessary risks of physical activity;

   • my own actions or conditions;

   • acts of other participants;

   • environmental, terrain, and event-condition hazards;

   • risks expressly assumed under this Agreement.

3. I expressly assume all risks of participation to the fullest extent allowed by Virginia law, including inherent, known, unknown, and foreseeable risks.

4. I agree to indemnify and defend the Released Parties for claims brought by third parties to the fullest extent permitted in Virginia.

Nothing in this Agreement is intended to violate Virginia law, and any provision prohibited in Virginia is automatically modified to the maximum enforceable scope permitted by Virginia courts.

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B. States That Restrict or Modify Waivers

Some states impose limits on waivers related to negligence, minors, or recreational activities (e.g., LA, MT, CT, NY, NJ, CA, WA, etc.).
For Events held in these states:

1. The release of liability applies only to the extent allowed by that state’s law.

2. The assumption-of-risk section remains fully enforceable, because all states recognize assumption of inherent risks in physical/athletic activities.

3. Any prohibited portion is automatically narrowed but not eliminated, so that the remainder of the waiver stays valid.

 

C. States With Specific Requirements for Minor Participants

Some states (e.g., CO, FL, OH, AK, etc.) have special rules governing parental waivers for minors.
Therefore:

1. For Events in those states, a parent/guardian signing this Agreement waives and releases only the categories of claims allowed by state law on behalf of the minor.

2. For any claims that legally cannot be waived in advance, the parent/guardian still:

   • expressly acknowledges and assumes all inherent risks on behalf of the minor;

   • agrees to indemnify the Released Parties for claims brought by third parties;

   • agrees not to assert barred claims.

 

D. Severability and State-by-State Modification

To ensure this Agreement remains valid everywhere:

• Any provision that is invalid in a specific state is automatically modified to the minimum extent necessary for enforcement in that state.

• The remainder of the Agreement remains fully enforceable.

• Where state law provides greater enforceability, the Agreement is enforced to the maximum extent allowable in that jurisdiction.

I understand and agree that this Agreement is intended to be interpreted, applied, and enforced to the fullest extent permitted by the laws of the state in which the Event occurs.

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E. Choice of Law (For Disputes and Arbitration Only)

Regardless of where the Event takes place:

• Issues related to interpretation, construction, and enforcement of this Agreement will be governed by the laws of the state where the Event physically occurs, except for arbitration provisions.

• Arbitration procedures and venue remain governed by the arbitration section of this Agreement.

 

F. Acknowledgment of State Variations

I understand that:

• Every state permits assumption of inherent risks.

• Many states fully enforce pre-injury liability waivers for negligence.

• Some states restrict or prohibit certain types of waivers.

• This Agreement complies with all such variations by adjusting automatically to each state’s requirements.