Event Waiver & Participation Agreement

PLEASE READ CAREFULLY.  BY AGREEING TO THIS WAIVER AND PARTICIPATION AGREEMENT, YOU WAIVE CERTAIN RIGHTS, INCLUDING THE RIGHT TO SUE BLUE MANTIS.

CONDUCT AT EVENT.  You acknowledge and agree that you are personally responsible for your safety, actions, and inactions while attending the event for which you are registering (the “Event”).  You agree to comply with all applicable law and all rules implemented by Blue Mantis, Inc. (“Blue Mantis”) or the operator or host of the location where the Event is taking place, including but not limited to all policies, guidelines, signage, and instructions.  Failure to comply may result in your removal from the Event.  Blue Mantis and Blue Mantis’s staff will not be liable for any costs you incur or sustain.

ASSUMPTION OF RISK.  You acknowledge that you have been advised of the risks involved in your attendance at or participation in the Event, which may include but is not limited to the potential for serious bodily injury, sickness and disease (including communicable disease), permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants or attendees, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect conditions; land, water, and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of Blue Mantis; and other undefined, not readily foreseeable and presently unknown risks and dangers.  You understand that any or all of the foregoing risk may result from your actions, inactions, or negligence; the actions, inactions, or negligence of others; or from the condition of the facilities, equipment, or vehicles where the Event is taking place or used in the Event.  You assume responsibility for any and all risk to you or others arising from, relating to, or in any other way connected with your participation in the Event.  Moreover, you consent to have a medical professional you with medical assistance and/or treatment and agree to be financially responsible for the cost of such assistance and/or treatment.  You authorize emergency transportation to a medical treatment facility should a medical professional deem it necessary or prudent and agree to be financially responsible for the cost of such transport.

INDEMNITY AND HOLD HARMLESS.  You agree release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless Blue Mantis and its employees, contractors, officers, directors, and agents from and any against any liability, loss, injury, damage, claim, demand, lawsuit, action, proceeding, expense, or other liability of any kind, type, or nature arising from, relating to, or in any way connected with you participation in the Event, except to the extent caused by the gross negligence and/or willful misconduct of any Blue Mantis. 

PHOTOGRAPHY/VIDEO DISCLAIMER.  You grant Blue Mantis the right to take photographs, recordings, or video of you in connection with the Event, for internal or promotional use.  You hereby grant Blue Mantis, without limitation, the right to use your name, likeness, image, photograph, voice, or video in connection with the Event for any publicity without further compensation or permission.  Blue Mantis may use any photographs or videos taken at the Event in publications or other material produced, used or contracted by Blue Mantis in any medium, whether fixed or transient, including but not limited to broadcasts, telecasts, videos, brochures, advertisements, invitations, books, newspapers, magazines, websites, social media postings, or other media account.

GOVERNING LAW.  This waiver and participation agreement shall be governed by and interpreted in accordance with the laws of the State of New Hampshire, including its statutes of limitation and repose, without reference to any choice of law doctrine.

WARRANTY.  You represent and warrant that you are of legal age and competent to enter into this Waiver and Participation Agreement, that you have read this Waiver and Participation Agreement carefully, understand its terms and conditions, acknowledge that you will be giving up substantial legal rights by accepting it (including the rights of your spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that you have accepted this Waiver and Participation Agreement without any inducement, assurance or guarantee, and intend for your acceptance to serve as confirmation of your complete and unconditional acceptance of the terms, conditions and provisions of this Waiver and Participation Agreement.  This Waiver and Participation Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Waiver and Participation Agreement.  If any provision of this Waiver and Participation Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Waiver and Participation Agreement and shall not affect the validity and enforceability of any remaining provisions.