WARNING!! 

THE SAVAGE RACE, AS WELL AS ITS RELATED ACTIVITIES, CAN BE DANGEROUS, AND THERE ARE RISKS INVOLVED IN YOUR PARTICIPATION. YOU CAN BE SERIOUSLY INJURED OR EVEN KILLED AS A RESULT OF YOUR PARTICIPATION IN THE SAVAGE RACE AND ITS RELATED ACTIVITIES.

EXCULPATORY AND ASSUMPTION OF RISK AGREEMENT, RELEASE OF LIABILITY, AND COVENANT NOT TO SUE.

THIS EXCULPATORY AND ASSUMPTION OF RISK AGREEMENT, RELEASE OF LIABILITY AND COVENANT NOT TO SUE IS A LEGAL DOCUMENT. It is hereinafter referred to as the Agreement and is entered into in connection with my participation in the Savage Race (the Event).

I enter into this Agreement on behalf of myself and intend to bind myself, my representatives, assigns, successors, administrators and anyone else claiming by or through me, including but not limited to any representative(s) of my estate to the terms hereof (myself and all of the foregoing being hereinafter referred to collectively as the Releasors). I enter into this Agreement, on behalf of myself and the Releasors, expressly for the benefit of John S. Abbitt, Lloyd D. Parker, Mad Cap Events, LLC, a Florida limited liability company, and its affiliates, parents, subsidiaries, members, managers, officers, employees, agents and assigns, as well as Event officials, volunteers, sponsors, advertisers, independent contractors and owners and landlords of the premises on which the Event is run and Event Medic NY inc., and its officers, employees, and independent contractors (collectively hereinafter referred to as the RELEASED PARTIES).

VOLUNTARY CHOICE
I desire to compete and/or participate in the Event and have decided to do so of my own free will and not due to any inducement or duress whatsoever. I understand that part of the required consideration for being allowed to compete and/or participate in the Event is my entering into this Agreement.

NATURE OF SPORT
I understand that competing and/or participating in the Event, and all its attendant activities, means racing through and negotiating a course of adventure obstacles such as tires, bales of hay, fences, walls, mud pits, bodies of water with depth ranging from 1 to 2,000 feet deep, cargo nets, fire and barbed wire, is a DANGEROUS, CALCULATED RISK activity which can, and sometimes does, result in SERIOUS, PERMANENT BODILY INJURY OR DEATH to its participants. I understand that competing and/or participating in the Event is a very dangerous thing to do and I can be injured or killed, EVEN IF I DO EVERYTHING AS I WAS SUPPOSED TO DO. I am accepting these and all other accompanying risks in order to be allowed to compete and/or participate in the Event.

ASSUMPTION OF RISK
I hereby personally ASSUME ALL RISKS OF ANY NATURE FOR ANY DEATH, INJURY OR OTHER DAMAGES to myself, my property or the property of others which may in any way, whether foreseeable or not, arise out of my participation in the Event, and/or from the actions---specifically including negligent acts or omission---of all persons involved either directly or indirectly in the Event. I KNOW AND FULLY APPRECIATE THAT MY PARTICIPATION IN THE EVENT EXPOSES ME TO RISK OF SERIOUS PERSONAL INJURY OR DEATH AND VOLUNTARILY ASSUME SUCH RISK.

RELEASE AND WAIVER OF ALL CLAIMS
For valuable consideration, including, but not limited to, the opportunity to compete and/or participate in the Event, I for myself and for the Releasors, HEREBY EXPRESSLY RELEASE, DISCHARGE, HOLD HARMLESS FROM, AND WAIVE ANY AND ALL CLAIMS (INLCUDING BUT NOT LIMITED TO CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY OR DEATH), WHETHER FORESEABLE OR NOT, ARISING FROM NEGLIGENCE, CARELESSNESS, STRICT LIABILITY OR OTHERWISE which I or the Releasors may presently or at any time in the future possess against anyone associated with the Event, including, but not limited to, the RELEASED PARTIES and any other persons or entities with which the RELEASED PARTIES have any connection, that are involved my participation in the Event, or which may presently or in the future arise out of, or in any manner occur in connection with my participation in the Event.

COVENANT NOT TO SUE
I agree never to pursue any claim or institute any lawsuit or action at law or otherwise against any of the RELEASED PARTIES, nor initiate or assist in the prosecution of any claim or cause of action for damages or injury, that I or the Releasors may have either now or at any time in the future, by reason of any loss or injury (including death) to my person or property relating to or arising out of the activities contemplated by or in this Agreement and my participation in the Event.

NOTICE OF THE ENFORCEABILITY AND VALIDITY OF THIS AGREEMENT
I understand and agree that if I, or any of the Releasors, initiates any suit or action at law against any of the RELEASED PARTIES for any loss or injury, no matter how minor or severe, to my person or property, that this Agreement will be used in court. I ALSO UNDERSTAND THAT AGREEMENTS SUCH AS THIS HAVE BEEN UPHELD IN COURT BEFORE IN CONNECTION WITH INJURIES, LOSS AND DEATH ARISING OUT OF PARTICIPATION IN ACTIVITIES SIMILAR TO THE EVENT.

EVENT ACTIVITIES ARE NOT ULTRA HAZARDOUS NOR DO THEY INVOLVE A PUBLIC SERVICE
I hereby affirm that while dangerous and risky, the activities included in the Event and covered by this Agreement are not ultra hazardous activities for which a party may be held strictly liable, nor are they activities that serve the public good or are in the publics interest. Rather, they are recreational activities in which I am voluntarily participating for my own enjoyment.

USE OF NAME, IMAGE, ETC.
I hereby grant permission to the RELEASED PARTIES to film, videotape and record me, free of charge, as it relates to my attendance at and participation in the Event, and I acknowledge and agree that the RELEASED PARTIES and their representatives shall have the unlimited right throughout the universe to copyright, use, reuse, publish, republish, broadcast and otherwise distribute all or any portion of the Event in which I may appear on any and all radio, network, cable and local television programs and in any print materials and in any other format or media (including electronic media) no known or hereinafter devised in perpetuity without compensation and free of charge. I hereby agree not to author, photograph, publicize, record, tape, publish, film or in any other way memorialize for profit, gain or publicity any matter related to the Event. I specifically agree to recognize that all rights to promote, license or capitalize on the Event belong solely and exclusively to Mad Cap Events, LLC.

NO REFUNDS
I understand that my execution of this Agreement and tender of any required fee(s) and/or deposit(s) is final and that under no circumstances will my fee(s) and/or deposit(s) be refunded to me. I specifically acknowledge that the RELEASED PARTIES retain the sole discretion to postpone, cancel, or modify the Event due to weather conditions or other factors that might affect the health and/or safety of the participants and that should any of those possibilities occur no refund will be granted.

MEDICAL CONDITION AND TREATMENT
I represent that I do not have any medical or physical condition that could interfere with my safety or health while in participating in any Savage Event, and that I have adequate medical and property insurance to cover any treatment required if I suffer any injury, and to adequately compensate me for any and all other loss or damage I may suffer as a result of and/or cause while participating in any Savage Event; any insurance that I am provided through Savage will be in addition and secondary to my primary medical, liability and property insurance coverage. I will be solely responsible for all the costs of such injury, loss or damage in the event such insurance proves to be in inadequate. I represent that I do not have any medical or physical condition that could interfere with my safety or health while in participating in any Savage Event including but not limited to any pre-existing medical condition; bone condition; circulatory problem; heart and/or lung condition; back or neck condition; high blood pressure; a history of spinal, musculoskeletal, or head injury; or recent surgery; and if female, I represent that I am not pregnant. I further represent that I have not been advised or cautioned by any medical professional to not participate in any Savage Event or similar activity. I further represent that I am not under the influence of alcohol or any drugs, whether or not such drugs have been prescribed by a physician, and will not be under such influence at any time during my participation in any Savage Event. I agree to monitor my own physical condition during each Savage Event and to immediately stop further participation in the event my continued participation would cause a danger to myself of others. In the event of an injury to me that renders me unconscious or incapable of making a medical decision, I authorize Savage to secure on my behalf emergency medical care or transportation (such as EMS) when deemed necessary by Savage (but agree that Savage shall not have any duty to me to call or secure any emergency medical care and shall not be liable for any alleged failure to call or secure such emergency medical care), and that Savage personnel and any emergency medical personnel that may be present or called to make emergency medical decisions on my behalf (including, but not limited to CPR and AED). I agree to assume all costs of emergency medical care and transportation, and to indemnify Savage from all loss, costs, damages, liability, claims and/or causes of action arising from calling or securing for my benefit such emergency care.

I represent and warrant that prior to my participation in any Savage Event(s), and that as of the time of my participation, I am not infected with any communicable disease and/or virus including, but not limited to, any influenza, coronavirus and/or other disease and/or virus; and that if I participate in a Savage Event and at any time determine, learn and/or am advised that I was at the time of my participation infected or had the ability to communicate any disease and/or virus, will immediately notify Savage of such determination, knowledge and/or advice, and Savage may (but shall not be required) to disseminate such information in such manner as it deems appropriate in its sole discretion. I voluntarily, knowingly, and intentionally waive any and all claims arising from and/or relating to the consequences of any infection that I may have at the time of my participation in a Savage Event and/or any infection that I may acquire and/or suffer as a result and/or cause of my participation in a Savage Event; and will indemnify and hold the Savage Released Parties, and all of them, harmless from any and all loss, costs, liability(ies), damage(s), claims and causes of action arising from and/or relating to any infection and/or disease that I may have, transmit and/or acquire as a result of my participation in a Savage Event, regardless of cause and/or source including but not limited to transmission and/or communication by another participant, Spectator and/or Savage Released Party. I acknowledge and agree that Savage has no duty or obligation to test other participants or Spectators for any communicable diseases and/or virus(es), and/or other physical or mental impairments, or to advise me if Savage becomes aware that any other participant was at the time of the Savage Event in which I participated infected with and/or suffered from any communicable disease and/or virus.

ACKNOWLEDGEMENT
I agree that my signature is my acknowledgement of the contents of this Agreement and is my legally binding agreement to, and acceptance of, this Agreements provisions. I also acknowledge and agree that my signature and participation in the event constitutes my voluntary agreement to abide by the Event Rules and Regulations, as they exist on the date of the Event, and which may be unilaterally revised or modified by the RELEASED PARTIES in their sole discretion. I WILL NOT SIGN THIS DOCUMENT UNLESS I FULLY UNDERSTAND AND AGREE TO BE BOUND BY ITS CONTENTS.