This Waiver, Release of Liability, Assumption of Risk and Indemnity Agreement ("Waiver") is entered into by the participant registering for the event ("Participant", "I", "me", or "my") in favour of Paper Mache Private Limited (CIN: U92490DL2021PTC390547), having its registered office at D-2/7, Jeewan Park, Uttam Nagar, South Delhi, Delhi, India, 110059, and Spike Experience Private Limited (CIN: U82300KA2024PTC192006), having its registered office at K.NO.1519/30/88, Multi, Diamond, 6th Main, Kodigehalli, R.M.V. Extension II Stage, Bangalore North, Bangalore - 560094, Karnataka (together, the "Organizers"), in connection with voluntary participation in the "Rugged Rush" obstacle course race event (the "Event"). By checking the box to accept this Waiver during registration, I agree to be legally bound by its terms.
For the purposes of this Waiver, "Released Parties" means, jointly and severally: (a) the Organizers and their respective directors, officers, employees, and agents; (b) all official sponsors, co-sponsors, brand partners, and promotional partners of the Event, howsoever described, including but not limited to title sponsors, category sponsors, product partners, and media partners; (c) all venue owners, venue partners, and landowners on whose premises the Event is conducted; and (d) all volunteers, race marshals, medical personnel, contractors, and third-party vendors engaged in the organizing, staging, or conduct of the Event.
1.1 I confirm that my participation in the Event is entirely voluntary. I understand that the Event is an obstacle course race involving strenuous physical activity conducted over natural and constructed terrain, and that it carries inherent risks including, without limitation: falls, collisions with obstacles or other participants, muscle strain and sprains, cuts, abrasions, fractures, dehydration, heat exhaustion, drowning or near-drowning in water obstacles, cardiac events, and in rare circumstances, catastrophic injury or death.
1.2 I acknowledge that these risks exist and may arise even where the Released Parties have exercised reasonable care in designing, constructing, and operating the Event, its obstacles, and its venue, and even where all applicable safety guidelines have been followed.
1.3 I confirm that I have voluntarily chosen to participate with full knowledge of the danger involved, and I freely accept and fully assume all such risks and the possibility of personal injury, death, property damage, or loss resulting therefrom.
2.1 I declare that I am physically fit and have no medical condition, injury, or illness that would make my participation in the Event unsafe. I confirm that any medical condition, cardiac history, respiratory condition, musculoskeletal condition, or other health concern I have disclosed during registration is true and complete.
2.2 I confirm that where I have any doubt as to my fitness to participate, I have consulted a qualified medical practitioner prior to registering for the Event, and that I am participating on the basis of my own assessment of my fitness and at my own risk.
2.3 I understand that the Organizers and their medical staff rely on the accuracy of the information I have provided in preparing to respond to any medical emergency during the Event, and that inaccurate or incomplete disclosure by me may adversely affect the medical care I receive.
3.1 In consideration of being permitted to participate in the Event, I, on behalf of myself, my heirs, executors, administrators, and legal representatives, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Released Parties from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to any loss, damage, injury, or death that may be sustained by me, or to any property belonging to me, whether caused by the negligence of the Released Parties or otherwise, while participating in the Event or while in, on, or upon the premises where the Event is being conducted.
3.2 This release does not extend to, and nothing in this Waiver shall be construed to exclude or restrict, any liability of the Released Parties for death or personal injury caused by their gross negligence or wilful misconduct, to the extent such exclusion or restriction is prohibited under applicable Indian law.
3.3 This Waiver is intended to be as broad and inclusive as is permitted under the laws of the Republic of India, and if any portion of this Waiver is held invalid, the remainder shall continue in full legal force and effect.
4.1 I agree to INDEMNIFY AND HOLD HARMLESS the Released Parties from and against any and all claims, demands, losses, damages, costs, and expenses (including reasonable legal fees) that the Released Parties may incur as a result of: (a) any breach of this Waiver by me; (b) any injury or damage caused by my negligent, reckless, or wilful act or omission during the Event; or (c) any claim brought by a third party arising from my participation in the Event.
5.1 I authorize the Organizers' on-site medical staff, or any emergency medical personnel called upon by them, to render first aid or emergency medical treatment to me in the event of injury or illness during the Event, and to transport me to a hospital or medical facility at my own cost if such medical staff determine it necessary.
5.2 I understand that I am solely responsible for any costs of medical treatment, hospitalization, ambulance transport, or related expenses arising from any injury or illness I sustain during the Event, and that the Organizers do not provide medical insurance covering such costs on my behalf.
6.1 I grant the Organizers and their authorized photographers and videographers the right to capture, use, reproduce, and distribute my image, likeness, and voice, as recorded during the Event, in any media now known or hereafter devised, for marketing, promotional, social media, and archival purposes, in perpetuity and without compensation to me.
7.1 Where the Participant is between sixteen (16) and eighteen (18) years of age on the Event Date, this Waiver must additionally be accepted by the Participant's parent or legal guardian, who confirms that they have read and understood this Waiver in its entirety, consent to the minor's participation in the Event, and agree to be bound by the release, waiver, and indemnification obligations set out in Clauses 3 and 4 above on behalf of the minor.
8.1 This Waiver shall be governed by and construed in accordance with the laws of India. The courts at Delhi shall have exclusive jurisdiction over any dispute arising out of or in connection with this Waiver.
9.1 This Waiver, together with the Terms & Conditions available on the Rugged Rush website, constitutes the entire agreement between the Participant and the Organizers regarding its subject matter. If any provision of this Waiver is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
By checking "I agree to the Waiver Form and Terms & Conditions" during registration, I confirm that I have read and understood this Waiver in its entirety, that I sign it voluntarily as my own free act, and that I understand I am giving up certain legal rights, including the right to sue the Released Parties.