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Waiver
ABSF 2024/25 WAIVER AGREEMENT
ASSUMPTION OF RISK AND WAIVER OF LIABILITY AGREEMENT
I want to volunteer at the race 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 volunteer at the race, by electronically indicating my consent below, I agree as follows:
1. MY KNOWLEDGE OF RISKS. I know that volunteering can be an action carrying a significant risk of serious personal injury. I know there are natural, man-made, weather, mechanical, environmental and contagious-disease (including but not limited to Covid) conditions and risks that, independently or in combination, can result in volunteers sustaining injury (including permanent disability or paralysis), or in rare situations, sustaining injuries or illnesses that result in death.
2. DEFINITIONS. As used herein: (a) the term “Event” means not just the race 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, board members, employees, representatives and agents, and (iii) any person the ABSF has agreed to indemnify as to claims made by Event volunteers (such as, but not limited to, owners of the property on which the Event occurs).
3. MY ASSUMPTION AND ACCEPTANCE OF RISKS. I have either familiarized myself with the Event location generally and racecourse specifically, or hereby voluntarily forgo that opportunity. I hereby accept and assume all risks associated with attending and/or volunteering at the Event, including potential exposure to or infection with COVID-19, and I acknowledge that I alone am responsible for my personal safety. I agree to accept all responsibility for the risks, conditions and hazards which may exist during the Event, whether or not I at this time know of or foresee the specific risk, condition or hazard that results in injury.
4. WAIVER; MY RESPONSIBILITY FOR INJURY OR ILLNESS COSTS. I hereby waive all claims (except as expressly indicated in this paragraph) on my own behalf, and on behalf of any spouse, family members, estate, heirs, executors, administrators, assigns, and personal representatives of mine against any of the Released Parties, for any personal injury, illness and/or death I sustain, which claims arise out of or relate to my attendance at or volunteering at the Event. I specifically RELEASE and DISCHARGE, in advance, the Released Parties from any and all liability that may arise out of any Released Party’s NEGLIGENCE, omissions or carelessness in association with the Event (including but not limited to negligent rescue attempts) but I do not by this Agreement waive, release or discharge any claims for harm caused by a Released Party intentionally or recklessly. As to any claim released hereby, I AGREE NOT TO SUE any of the Released Parties for such released claims. I agree to be personally responsible for any costs, expenses or damages arising out of or related to such released claims.
5. BARGAINING/NEGOTIATION. I acknowledge that: (a) I have the opportunity if I so choose to bargain for or negotiate the terms of this Agreement; (b) if I desire to take advantage of the opportunity to bargain for or negotiate terms different from those set forth in this Agreement (including the entrance fee I pay to participate in the Event), I shall contact the Executive Director of the ABSF before I indicate my consent to this Agreement; and (c) if I indicate to the ABSF that I am unwilling to enter into this Agreement, the entrance fee I will be asked to pay to participate in this Event shall increase. I further acknowledge that to be effective any changes to the terms of this Agreement (including the entrance fee I pay to participate in the Event) must be approved in a written document signed by the Executive Director of the ABSF. If I choose to consent to this Agreement without modification, I hereby waive my right to bargain for or negotiate the terms of this Agreement.
6. MY RELATED ACKNOWLEDGMENTS. I further acknowledge and represent that: (a) I have read this Agreement and the below Volunteer’s Participation & Indemnification Agreement; (b) I understand this Agreement; (c) I understand that by indicating my consent below I am giving up important legal rights that I might otherwise have; (d) I understand that expressing my consent to this Agreement online and through an electronic method is just as binding as if my consent was expressed on paper and through an ink signature; and (e) I am entering into this Agreement and choosing to participate in the Event without compulsion, and by my own free will.
7. CONTRACTING ON BEHALF OF MYSELF AND OTHERS. The ABSF permits a volunteer to register for an event, and at the same time register another volunteer for an event. When a registrant is registering multiple volunteers (including the registrant), the registrant is asked to agree on behalf of the registrant, and to agree separately on behalf of each other volunteers being registered. If I (the person electronically expressing agreement below) am registering now myself and one or more other volunteers, then: (a) by entering my initials in the below box relating to me, I thereby enter into this Agreement on my own behalf relating to my volunteering; and (b) by entering the initials of the other volunteer(s) in the below boxes relating to each of them, I thereby enter into this Agreement on behalf of each of those other volunteers.
8. CONTRACTING ON BEHALF OF A MINOR. If a volunteer being registered for the Event is currently a minor, I (the person electronically expressing agreement below) represent that I am the parent or legal guardian of the minor, and that I have the authority to enter all of the above terms of this Agreement on the minor’s behalf. By entering the applicable minor’s initials in the below box relating to the minor, I am entering into this Agreement on the minor’s behalf. Additionally, by entering the applicable initials in the below box(es), I hereby waive all claims (including claims for NEGLIGENCE) that I as the minor’s parent or guardian may in the future have, which by law can be waived, arising out of or related to the minor’s volunteering in the Event.
9. CONTRACTING ON BEHALF OF AN ADULT THIRD PARTY. If I am registering an adult third party for the Event, I (the person electronically expressing agreement below) represent the following is true: (a) as part of the registration process I have provided the third party’s email address and/or cell phone number, where a copy of this Agreement may later be sent by the ABSF; and (b) I have discussed this proposed Agreement with the third party, and that person has provided to me the person’s full authority to register the person for this Event, and to enter into all of the above terms of this Agreement on the person’s behalf. I acknowledge that the Released Parties are relying on the above representations, and I agree to indemnify and hold harmless the Released Parties in the event a claim is later made and the above representations are, or are alleged to be, false. By entering the applicable initials in the below box(es), I am entering into this Agreement on the third party’s behalf, with that party’s express consent and full authority. Additionally, by entering the applicable initials in the below box(es), I hereby waive all claims (including claims for NEGLIGENCE) that I as a relative of the third party may in the future have, which by law can be waived, arising out of or related to the third party’s volunteering in the Event, and I agree to indemnify the Released Parties in the event any representation I make herein is untrue.
THIS IS A WAIVER & RELEASE OF LIABILITY AGREEMENT: PLEASE READ ALL OF THE ABOVE PARAGRAPHS BEFORE YOU INDICATE YOU AGREE TO IT
ABSF 2024/25 WAIVER AGREEMENT
ASSUMPTION OF RISK AND WAIVER OF LIABILITY AGREEMENT
I want to volunteer at the race 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 volunteer at the race, by electronically indicating my consent below, I agree as follows:
1. MY KNOWLEDGE OF RISKS. I know that volunteering can be an action carrying a significant risk of serious personal injury. I know there are natural, man-made, weather, mechanical, environmental and contagious-disease (including but not limited to Covid) conditions and risks that, independently or in combination, can result in volunteers sustaining injury (including permanent disability or paralysis), or in rare situations, sustaining injuries or illnesses that result in death.
2. DEFINITIONS. As used herein: (a) the term “Event” means not just the race 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, board members, employees, representatives and agents, and (iii) any person the ABSF has agreed to indemnify as to claims made by Event volunteers (such as, but not limited to, owners of the property on which the Event occurs).
3. MY ASSUMPTION AND ACCEPTANCE OF RISKS. I have either familiarized myself with the Event location generally and racecourse specifically, or hereby voluntarily forgo that opportunity. I hereby accept and assume all risks associated with attending and/or volunteering at the Event, including potential exposure to or infection with COVID-19, and I acknowledge that I alone am responsible for my personal safety. I agree to accept all responsibility for the risks, conditions and hazards which may exist during the Event, whether or not I at this time know of or foresee the specific risk, condition or hazard that results in injury.
4. WAIVER; MY RESPONSIBILITY FOR INJURY OR ILLNESS COSTS. I hereby waive all claims (except as expressly indicated in this paragraph) on my own behalf, and on behalf of any spouse, family members, estate, heirs, executors, administrators, assigns, and personal representatives of mine against any of the Released Parties, for any personal injury, illness and/or death I sustain, which claims arise out of or relate to my attendance at or volunteering at the Event. I specifically RELEASE and DISCHARGE, in advance, the Released Parties from any and all liability that may arise out of any Released Party’s NEGLIGENCE, omissions or carelessness in association with the Event (including but not limited to negligent rescue attempts) but I do not by this Agreement waive, release or discharge any claims for harm caused by a Released Party intentionally or recklessly. As to any claim released hereby, I AGREE NOT TO SUE any of the Released Parties for such released claims. I agree to be personally responsible for any costs, expenses or damages arising out of or related to such released claims.
5. BARGAINING/NEGOTIATION. I acknowledge that: (a) I have the opportunity if I so choose to bargain for or negotiate the terms of this Agreement; (b) if I desire to take advantage of the opportunity to bargain for or negotiate terms different from those set forth in this Agreement (including the entrance fee I pay to participate in the Event), I shall contact the Executive Director of the ABSF before I indicate my consent to this Agreement; and (c) if I indicate to the ABSF that I am unwilling to enter into this Agreement, the entrance fee I will be asked to pay to participate in this Event shall increase. I further acknowledge that to be effective any changes to the terms of this Agreement (including the entrance fee I pay to participate in the Event) must be approved in a written document signed by the Executive Director of the ABSF. If I choose to consent to this Agreement without modification, I hereby waive my right to bargain for or negotiate the terms of this Agreement.
6. MY RELATED ACKNOWLEDGMENTS. I further acknowledge and represent that: (a) I have read this Agreement and the below Volunteer’s Participation & Indemnification Agreement; (b) I understand this Agreement; (c) I understand that by indicating my consent below I am giving up important legal rights that I might otherwise have; (d) I understand that expressing my consent to this Agreement online and through an electronic method is just as binding as if my consent was expressed on paper and through an ink signature; and (e) I am entering into this Agreement and choosing to participate in the Event without compulsion, and by my own free will.
7. CONTRACTING ON BEHALF OF MYSELF AND OTHERS. The ABSF permits a volunteer to register for an event, and at the same time register another volunteer for an event. When a registrant is registering multiple volunteers (including the registrant), the registrant is asked to agree on behalf of the registrant, and to agree separately on behalf of each other volunteers being registered. If I (the person electronically expressing agreement below) am registering now myself and one or more other volunteers, then: (a) by entering my initials in the below box relating to me, I thereby enter into this Agreement on my own behalf relating to my volunteering; and (b) by entering the initials of the other volunteer(s) in the below boxes relating to each of them, I thereby enter into this Agreement on behalf of each of those other volunteers.
8. CONTRACTING ON BEHALF OF A MINOR. If a volunteer being registered for the Event is currently a minor, I (the person electronically expressing agreement below) represent that I am the parent or legal guardian of the minor, and that I have the authority to enter all of the above terms of this Agreement on the minor’s behalf. By entering the applicable minor’s initials in the below box relating to the minor, I am entering into this Agreement on the minor’s behalf. Additionally, by entering the applicable initials in the below box(es), I hereby waive all claims (including claims for NEGLIGENCE) that I as the minor’s parent or guardian may in the future have, which by law can be waived, arising out of or related to the minor’s volunteering in the Event.
9. CONTRACTING ON BEHALF OF AN ADULT THIRD PARTY. If I am registering an adult third party for the Event, I (the person electronically expressing agreement below) represent the following is true: (a) as part of the registration process I have provided the third party’s email address and/or cell phone number, where a copy of this Agreement may later be sent by the ABSF; and (b) I have discussed this proposed Agreement with the third party, and that person has provided to me the person’s full authority to register the person for this Event, and to enter into all of the above terms of this Agreement on the person’s behalf. I acknowledge that the Released Parties are relying on the above representations, and I agree to indemnify and hold harmless the Released Parties in the event a claim is later made and the above representations are, or are alleged to be, false. By entering the applicable initials in the below box(es), I am entering into this Agreement on the third party’s behalf, with that party’s express consent and full authority. Additionally, by entering the applicable initials in the below box(es), I hereby waive all claims (including claims for NEGLIGENCE) that I as a relative of the third party may in the future have, which by law can be waived, arising out of or related to the third party’s volunteering in the Event, and I agree to indemnify the Released Parties in the event any representation I make herein is untrue.
THIS IS A WAIVER & RELEASE OF LIABILITY AGREEMENT: PLEASE READ ALL OF THE ABOVE PARAGRAPHS BEFORE YOU INDICATE YOU AGREE TO IT
Check here to show you accept the terms stated above for yourself or for a minor Volunteer for which you are the parental guardian.
