You are signing up for a highly strenuous event of unknown duration.
The event will last longer than 24 hours and less than 48.
Your registration guarantees you spot at the event and registration will close once the cap of 20 participants has been met.
Your registration is fully transferable to a qualified individual.
Your fee is refunded for cancelling prior to the 4 month mark. Between 4 months and 2 months you will receive a 50% refund and anything within 2 months there is no refund. You may choose to apply your registration to a future event in place of canceling.
Agreement of Release and Waiver of Liability
In consideration of Tribute Crucible LLC (the “Company”) permitting the undersigned (“I,” “me,” or the “Participant”) to participate in a multi-day physical and mental fitness event (the “Event”), and with full knowledge of the RISKS OF PROPERTY DAMAGE, SERIOUS PERSONAL INJURY, AND DEATH involved with the Event, even if Participant follows the instructions of the Company, the Participant agrees to the following:
1. I agree to participate in the Event held by the Company and any affiliates. Prior to participating, the Company has made me fully aware that the Event, which includes a physical and mental fitness programs, tests, and challenges, which I desire to participate, are of a nature and kind that are extremely strenuous and dangers, and can/will push me to the limits of my physical and mental abilities. I recognize and understand that the Event has risk, which includes, but are not limited, muscle soreness; minor aches and pains; tiredness and exhaustion; stiff joints and muscles; tearing of muscles, ligaments, or other tissues; breakage of bones; serious and/or life- threatening injuries to the musculoskeletal and/or cardio respiratory systems; serious bodily injury; and/or death.
2. For and in consideration of being allowed to participate, I do hereby intentionally, willingly and voluntarily assume full responsibility for any and all risks of injury, including serious bodily injury or death, as stated above, to which I may be exposed as a result of my participation in the Event. Except for any liability that is one hundred percent (100%) out of the Company’s own gross negligence, I agree to release the Company in causing in whole or in part any injury or damage to me and all claims related in any way to my willing participation for the Event. I accept full and complete responsibility for any injury or death, including expressly any injury or death that which results from my own negligence. I also understand that I am free to withdraw from participation at any time during the Event if I ever feel that I am not willing to assume the risk associated with the Event, and I am free to ask about any activity within the Event, including what it entails, before participating.
3. I RELEASE, WAIVE, COVENANT NOT TO SUE, AND DISCHARGE THE COMPANY, AND ALL OF ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS (COLLECTIVELY THE“RELEASEES”) FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, OR INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY ME OR LOSS OR DAMAGE TO ANY PROPERTY BELONGING TO ME, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE, ARISING OUT OF OR RELATED TO MY PARTICIPATION IN THE EVENT, EXCEPT FOR ANY LIABILITY THAT IS ONE HUNDRED PERCENT (100%) OUT OF THE COMPANY’S OWN GROSS NEGLIGENCE.
4. I AGREE TO INDEMNIFY, SAVE, DEFEND AND HOLD HARMLESS THE RELEASEES FROM LOSS, LIABILITY, DAMAGES, EXPENSES, CLAIMS, DEMANDS OR CAUSES OF ACTION WHATSOEVER THAT THEY MAY INCUR OR BE CHARGED WITH ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, OR INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY ME OR ANY PERSON WHO IS INJURED BY ME, OR LOSS OR DAMAGE TO ANY PROPERTY BELONGING TO ME OR ANY PERSON WHO IS INJURED BY ME WHETHER CAUSED BY THE NEGLIGENCE OR RELEASEES OR OTHERWISE, ARISING OUT OF OR RELATED TO MY PARTICIPATION IN THE EXCURSION. I AGREE THAT THIS DOCUMENT SHALL BIND ME, MY GUARDIAN, ASSIGNS, HEIRS, ADMINISTRATORS AND EXECUTORS FOREVER.
5. If I am unable to consent at the time, due to injury, illness or absence, I hereby consent to administration of first aid and other emergency medical treatment for such injury or illness that occurs during my willing participation in the Event. I have adequate health insurance or resources to cover the costs of treatment in case of any such emergency. I also accept full financial responsibility for my participation in the Event.
6. If any legal action arises under this agreement or by reason of any asserted breach of it, the prevailing party shall be entitled to recover all costs, fees, and litigation expenses, including reasonable attorneys’ fees, copying costs, phone calls, and travel expenses, incurred in enforcing or attempting to enforce this agreement, including costs and fees incurred prior to the commencement of legal action.
7. This release and all other terms and conditions hereof shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
8. To the maximum extent permitted by law, (i) this agreement and all matters related to the Event will be governed and enforced in accordance with the laws of the State of Utah, excluding conflicts of law rules; and (ii) all disputes arising from or related to this agreement or the Event will be decided only in a state or federal court located in Salt Lake County, Utah, and not in any other court or state. Toward that end, the Participant hereby consents to the jurisdiction of the state and federal courts located in Salt Lake County, Utah, and waive any other venue to which they might be entitled. Moreover, the Participant hereby waives any and all rights to demand a trial by jury in any action, lawsuit, or counterclaim arising out of or related to this agreement or the Event.
9. Prior to the commencement of legal action; i.e., prior to the filing of any lawsuit by the Participant against the Company, the Participant agrees to first send a written demand to the Company for non-binding mediation with a third-party neutral of the claim or dispute, which mediation shall be held in Salt Lake County, Utah, and not in any other state or venue. The Company may then agree to mediate the dispute or claim, or, in its sole discretion, waive this mandatory mediation provision and allow the Participant to proceed with the lawsuit. If the Participant has not first made written demand for mediation before filing a lawsuit, then the Company may move to dismiss the lawsuit and recover its attorneys’ fees and costs in doing so.
10. I hereby consent and authorize the Company to take photographs or motion pictures of me; or to produce videotapes, audiotapes, closed circuit television programs, web casts, or other types of media productions that capture my name, voice, and/or image (any of the foregoing types of media are called the “Materials” in this agreement). I authorize the Company to copyright the Materials, and I authorize the Company to use, reuse, copy, publish, display, exhibit, reproduce, license to third party, and distribute the Materials in any educational or promotional materials or other forms of media, which may include, but are not limited to, catalogs, articles, magazines, brochures, websites or publications, electronic or otherwise, without notifying me. I also agree that the Company may identify me by name, and such other identifying information as class year, graduation date, hometown, etc. unless otherwise requested.