Liability Waiver and Disclaimer

This form is important and should be read carefully.

All participants who register online for the C-FIT Studio's Binja Warrior Obstacle Course Race (OCR) taking place in Suffolk, VA on October 20, 2018 agrees to the following terms and conditions.

1. I UNDERSTAND THAT:

1.1 The activities undertaken at the Binja Warrior OCR are physically and mentally challenging and potentially dangerous, and include but are not limited to obstacles, surface hazards and run course & weather conditions;

1.2 There is a risk of serious injury and/or death associated with my participation in activities at the Binja Warrior OCR;

1.3 Although adherence to strict safety standards and health & safety assessments minimizes these risks, they cannot be completely eliminated; and

1.4 Participation in activities and use of facilities at the Binja Warrior OCR is ENTIRELY AT the PARTICIPANT's OWN RISK.

2. I CONFIRM THAT:

1.1 I am 21 years of age or older.

1.2 I am fully aware of the risks to myself and others associated with participation in activities and use of facilities at the Binja Warrior OCR. These risks include damage to or loss of personal property, personal injury and in extreme cases, death.

1.3 I will comply with all instructions given to me by C-FIT Studio's officers, employees and volunteers and use any equipment as directed and not so as to hurt or injure others.

1.4 I am sufficiently fit and healthy to safely participate in the Binja Warrior OCR and do not suffer from any medical condition which would adversely affect my ability to safely participate in all activities at the Binja Warrior OCR.

3. RELEASE

1.1 I hereby acknowledge and accept that C-FIT Studio LLC and the Binja Warrior OCR staff shall not be liable to me for any loss or damage arising from my participation in the activities at the Binja Warrior OCR, including indirect or consequential loss or damage.

1.2 Nothing in this disclaimer shall be construed as limiting or excluding C-FIT Studio's liability for:

(a) death or personal injury which arises as a consequence of the C-FIT Studio negligence, or the negligence of the Binja Warrior OCR staff; or

(b) fraudulent misrepresentation; or

(c) any other matter for which it would be illegal or unlawful for the C-FIT Studio to exclude or attempt to exclude its liability.

4. AGREEMENT

1.1 I have read and fully understood all the terms of this disclaimer. I confirm that I am not relying on any statements or representations by any person or entity as an inducement to my fully and voluntarily engaging in the activities at the Binja Warrior OCR and assuming the risks and obligations stated above in signing this document.

1.2 I acknowledge that the nature of my participation in the Binja Warrior OCR activities and use of the Binja Warrior OCR facilities is potentially hazardous and that if I am unwilling to accept the risks associated with my participation, I should not take part.

1.3 I give permission to C-FIT Studio to use my photograph and/or any other record of my participation in the Binja Warrior OCRfor any legitimate purpose. I understand that any and all likenesses of me captured during the Binja Warrior OCR by C-FIT Studio or the Binja Warrior OCR staff shall become the sole property of the C-FIT Studio.

1.4 If any court or competent authority finds that any provision of this document (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.

PARTICIPANTS MUST BE OVER 21 YEARS OLD TO AGREE AND TAKE PART IN THE Binja Warrior OCR.

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