ATHLETE’S PARTICIPATION & INDEMNIFICATION AGREEMENT
I want to participate in the program I have selected as part of the online registration process. In consideration of the American Birkebeiner Ski Foundation, Inc. (“ABSF”) allowing me to attend and participate in the program, by electronically indicating my consent below, I agree as follows:
- Definitions. As used herein: (a) the term “Event” means not just the program itself that I have selected, but also those activities sponsored, controlled or organized by the ABSF, which I attend or in which I participate on the day of my race; and (b) the term “Released Parties” means (i) the ABSF, (ii) ABSF’s officers, directors, employees and agents, and (iii) any person ABSF has agreed to indemnify as to claims made by Event participants (such as, but not limited to, owners of the property on which the Event occurs).
- My Fitness. I represent and warrant that I have sufficient experience with running/walking/biking, and that I have a sufficient level of fitness and health, to participate in the Event.
- My Equipment. I acknowledge that it is my responsibility to provide, utilize and maintain the equipment and clothing necessary for my safe participation in the Event.
- Compliance with Rules. I accept and shall abide by the rules and regulations of the F.I.S. (Fédération Internationale de Ski), and any other rules or regulations imposed by the ABSF as to the Event.
- I represent and warrant that I currently have, and shall maintain throughout the time that I train for and participate in the Event, valid and sufficient insurance (be it medical, accident, disability or life insurance) to protect my interests and my family’s interests, or if I do not, that I hereby waive the opportunity to obtain such coverage. I acknowledge the ABSF is not an insurance company, and that no one has represented to me that the ABSF has obtained insurance that would provide coverage to me, if I sustain an injury while participating in the Event.
- Property Damage Waiver. I alone am responsible for my personal belongings, including breakage or loss of equipment and gear that I bring to the Event. I hereby WAIVE, in advance, ALL CLAIMS for loss, theft or damage to any property owned or controlled by me, that I may in the future have against the Released Parties, relating in any way to the Event and either of the following: (a) my choosing to park any vehicle owned or controlled by me in any areas owned or controlled by ABSF; and (b) my choosing to give possession of any of my personal belongings to any agent or volunteer of ABSF. This waiver, release and discharge of property damage claims includes, but is not limited to, claims arising out of the NEGLIGENCE of the Released Parties.
- Where Disputes Will Be Resolved. Any controversy or claim relating to the enforceability of, or arising out of, this Agreement or the above Waiver & Release of Liability Agreement (collectively, the “Agreements”), or in any way relating to my attendance at or participation in the Event, shall be solely and exclusively resolved in the Circuit Court for Sawyer County, Wisconsin (or, if removable, in the U.S. District Court for the Western District of Wisconsin). I waive any objections I might have to that venue or those courts exercising personal jurisdiction over me.
- My Responsibility for Costs and Claims; Indemnification. I agree to be responsible for bearing any and all costs, expenses and damages sustained by me (or sustained by those who depend upon me, or who are responsible for me) that arise out of or relate to any claim released by these Agreements. I hereby agree to HOLD HARMLESS the Released Parties, and to INDEMNIFY the Released Parties (e., to reimburse them), from any and all claims, costs, expenses and damages (“Costs”) the Released Parties would otherwise be liable for due to my attendance at or participation in the Event. I further agree hereby to the fullest extent permitted by law to HOLD HARMLESS the Released Parties, and to INDEMNIFY the Released Parties, from any and all Costs the Released Parties sustain due to my attendance at or participation in the Event, which claims are brought by any spouse, child, parent, guardian, heir, representative or assign of mine (including wrongful-death claims, survival claims, loss-of consortium claims, and loss-of-society-and-companionship claims).
- Applicable Law. The internal laws of Wisconsin control the interpretation and enforcement of these Agreements. The parties deem these Agreements to have been entered into in Wisconsin.
- My Choices. I enter into these Agreements by my own free will, and acknowledge that I have choices relating to participating or not participating in this Event. I acknowledge that if I do not want to accept the terms offered in these Agreements, I can choose to forgo participating in this Event.
- Media Consent. I hereby grant ABSF the right and permission (a) to use and authorize others to use photographs and video of me, and audio of my voice, and to modify such photographs, video and audio, for illustration, promotion or advertising purposes through all mediums including online/digital, broadcast, social media, print, and other mediums; (b) to contact me for marketing purposes at my email address; and (c) to contact me on my provided cell number via text or SMS messaging.
- Medical Emergencies. If I experience a medical emergency, I authorize the ABSF and its agents to provide or authorize at my expense medical treatment and/or transport, to contact the emergency contact person I identify as part of this registration process, and to disclose to my emergency contact person or other family members whatever information (including confidential medical information) the ABSF in its discretion chooses to disclose.
- Truth of My Statements. I represent and warrant that I have read these Agreements, and understand them, and that the information I am providing as part of this online registration process is true.
- Binding Effect. I make these Agreements on behalf of, and intend these agreements to be binding upon, both myself, and my heirs, representatives, successors and assigns.
- These Agreements are intended to be as broad and inclusive as permitted by Wisconsin law, and if any portion of these Agreements are held invalid, I agree that the balance shall, notwithstanding, continue in full legal force and effect.
- Entire Agreement. As to any claim arising out of or related to my attendance or participation in the Event, these Agreements collectively: (a) supersede any previous oral or written promises or agreements; and (b) are not the result of or modified by any oral representations or statements of any agent or employee of ABSF. These Agreements contain the only agreements between the parties regarding the Event.
- Modification. These Agreements may only be modified or terminated in a written document signed by myself and an officer of the ABSF.
PLEASE READ ALL OF THE ABOVE PARAGRAPHS, WHICH COVER IMPORTANT LEGAL ISSUES, BEFORE YOU INDICATE YOU AGREE TO IT
By inserting my initials in the following box, I consent to the above Athlete’s Participation & Indemnification Agreement for myself or as the parent of a minor