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March Madness Mud Run
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EVERYONE MUST HAVE A SIGNED WAIVER TO PROCEED PAST THE OFFICE!  THIS INCLUDES RUNNERS, GUESTS, CHILDREN, SENIORS, VENDORS, VOLUNTEERS. 

Below are links to either download, or read the waivers.  If you are signing the waiver Online, please go to the registration page.

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RUNNERS ONLY & NON-RUNNERS ONLY waivers!  Please fill out the appropriate waiver that fits your description.

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Click the corresponding button below to download your waiver.
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Read Waiver Below:  Runner Waiver | Non-Runner Waiver
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BELOW IS THE TEXT FROM THE RUNNER WAIVER, IT DOES NOT CONTAIN REQUIRED INFORMATION SUCH AS NAME, EMAIL, SIGNATURE, ETC. YOU WILL NEED TO DOWNLOAD TO PRINT THE WAIVER, OR READ AND ELECTRONICALLY SIGN ONLINE.
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MARCH MADNESS MUD RUN  (RUNNER) - ADULTS ONLY:

THOMAS FALLS, INC.
ZIP-LINE, ACTIVITIES AND PROPERTY USE RELEASE OF LIABILITY WAIVER
EXPOSURE PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

1.  I understand that I am entering MARCH MADNESS MUD RUN, a rigorous activity.

2. I understand that MARCH MADNESS MUD RUN presents obstacles including, but not limited to, water obstacles, mud pits, hills and tire wall climb.

3. I agree not to participate unless I am medically able.

4. I agree to not consume alcohol prior to MARCH MADNESS MUD RUN or ingest any medicines or substances that will inhibit my mental or physical ability to safely and effectively participate in MARCH MADNESS MUD RUN.

5. I agree to abide by any decision of a race official relative to my ability to safely complete the race.

6. I agree to obey all civil and criminal laws at all times.

7. I assume all risks associated with competing in MARCH MADNESS MUD RUN, including but not limited to falls, contact with other participants, negligent or wanton acts of other participants, completing all obstacles, defects or condition of premises, the effects of the weather, including high heat and/or humidity, all such risks being known and appreciated by me.

8. I agree that THOMAS FALLS INC., is not responsible for any personal items or property that are lost or stolen in the gear check area.

9. I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as medical professionals may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency.

10. I understand and will abide by the rule that no wheeled baby conveyances or other wheeled means of conveyance, or pets are permitted in the race.

11. I grant permission to THOMAS FALLS INC., its affiliates, sponsors, and assigns to use any photographs, motion pictures, recordings or any other record of this event for purposes, including but not limited to, promoting, advertising and marketing purposes. Any and all photographs, motion pictures, recordings or other records of the event are the sole property of THOMAS FALLS INC.

12. I understand that all entries are final with no refunds.

13. The official race directors reserve the right in any event of emergency or local or national disaster to cancel the race and in the event of cancellation or change there is no refund of entry fees.

14. Participants are expected to exhibit appropriate behavior at all times, including obeying all laws. This includes respect for all people, equipment, and facilities, and cooperative, positive participation. MARCH MADNESS MUD RUN may dismiss, without refund, anyone whose behavior endangers safety or negatively endangers safety or negatively affects a race, a person, a facility, or property of any type or kind. I also agree to indemnify THOMAS FALLS INC., its affiliates and assigns, from any and all third party claims caused in whole or in part by my actions.

15. (Please Check One) ______I am at least 18 years old, OR _____I am the Parent/Guardian of a minor, and have reviewed this waiver and consented to its Waiver & Release of all claims & assumption of risk.

Waiver & Release of all claims & assumption of risk

I recognize and acknowledge that there are certain risks of physical injury to participants in MARCH MADNESS MUD RUN, and I voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that my minor child/ward or I may sustain as a result of said participation. I further agree to waive and relinquish all claims I or my minor child/ward may have (or accrue to me or my child/ward) as a result of participating in these activities against THOMAS FALLS Inc. including its officials, agents, volunteers, sponsors, and employees (hereinafter collectively referred to as THOMAS FALLS INC. or MARCH MADNESS MUD RUN). I do hereby fully release and forever discharge THOMAS FALLS INC. from any and all claims for injuries, illnesses, damages, expenses, or loss that my minor child/ward or I may have or which may accrue to me or my minor child/ward and arising out of, connected with, or in any way associated with the race, program or activities. I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims. When registering online, my online signature shall substitute for and have the same legal effect as an original form signature. PARTICIPATION WILL BE DENIED, if the signature of an adult participant or parent/guardian and date are not signed at the time and place of the race. THOMAS FALLS INC. is committed to conducting its race and activities in a safe manner and holds the safety of participants in high regard. THOMAS FALLS INC. continually strives to reduce such risks and insists that all participants follow safety rules and instructions that are designed to protect the participants’ safety. However, participants and parents/guardians of minors registering for the race, programs/activities must recognize that there is an inherent risk of injury when choosing to participate in recreational activities/programs. Thomas Falls strives to provide obstacles that are safe, however does not take responsibility for the proper construction of these obstacles to guarantee that they will not fail or cause injury due to falls, dives, slips, cuts, bruises abrasions or any other injury from the fault of the obstacle or its construction, height or proximity to other object which will cause injury. Any encouragement by Thomas Falls Staff or volunteers is solely non-binding on the participant and should not be construed to be approval of the encouraged activity, I understand that I, and I alone, determine my approach to the participation in all activities and assume responsibility for my minor child/ward’s ability to make the same decisions. My judgment is the sole orator of my decision for me, or my minor child/ward, to attempt the obstacle. I am solely responsible for determining if I, or my minor child/ward, is physically fit and/or skilled for the race or activities contemplated by this agreement. It is always advisable, especially if the participant is pregnant or disabled in anyway or recently suffered an illness, injury or impairment, to consult a physician before undertaking any physical activity. I do hereby fully release and forever discharge THOMAS FALLS INC. its officers, heirs, assigns, administrators, personal representatives and executors, firms, corporations, businesses, past and present employees, owners, agents, shareholders, volunteers, supervisors, participants, all city, county, and state governments, and all sponsors, their representatives and successors and others persons, for any claim arising or of an injury to me or my minor child/ward from any and all claims, causes of actions, obligations, lawsuits, charges, complaints, contracts, controversies, covenants, agreements, promises, damages, costs, expenses, responsibilities, of whatsoever kind, nature or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, from all claims or liabilities of any kind arising out of the participation in this event  I attest that I have the appropriate health and liability insurance for me or my minor child/ward.

I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims.

THANK YOU FOR ENTERING MARCH MADNESS MUD RUN!

IF YOU ARE REGISTERING A MINOR THEN CONTINUE BELOW.

COMPLETE BELOW SECTION ONLY IF YOU ARE A PARENT OR GUARDIAN OF A PARTICIPANT UNDER THE AGE OF 18:

I, the parent, or guardian, of the below named participant, hereby gives my approval to this child’s participation in the race and its activities. I assume all risks and hazards incidental to such participation in MARCH MADNESS MUD RUN, and I hereby waive, release, absolve, indemnify, and agree to hold harmless THOMAS FALLS INC., its officers, heirs, assigns, administrators, personal representatives and executors, firms, corporations, businesses, and past and present employees, owners, agents, shareholders, volunteers, administrators, sponsors, supervisors, participants, all city, county, and state governments, and all sponsors, their representatives and successors and others persons, for any claim arising or of an injury to my/our child and from any and all claims, causes of actions, obligations, lawsuits, charges, complaints, contracts, controversies, covenants, agreements, promises, damages, costs, expenses, responsibilities, of whatsoever kind, nature or description, whether, direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, from all claims or liabilities of any kind arising out of or connected with my child’s participation in this event. I consent to the foregoing and grant permission for him/her to participate in MARCH MADNESS MUD RUN. I acknowledge I have carefully read, accepted and agreed to the terms on this Release and Liability waiver, and know and understand their contents and I sign the same on my own free act and deed. I attest that I have the appropriate health and liability insurance for the protection of this applicant.

 
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BELOW IS THE TEXT FROM THE NON-RUNNER WAIVER, IT DOES NOT CONTAIN REQUIRED INFORMATION SUCH AS NAME, EMAIL, SIGNATURE, ETC. YOU WILL NEED TO DOWNLOAD TO PRINT THE WAIVER, OR READ AND ELECTRONICALLY SIGN ONLINE.
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MARCH MADNESS MUD RUN  (NON-RUNNER)

THOMAS FALLS, INC.
ZIP-LINE, ACTIVITIES AND PROPERTY USE RELEASE OF LIABILITY WAIVER
EXPOSURE PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Thomas Falls, Inc. behalf (hereinafter collectively referred to as “T.F.I.”), their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their, I hereby agree to release and discharge T.F.I., on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:

  1. I, the “Participant”, am aware of, and fully understand, the inherent known and unanticipated dangers involved in participating in any and/or all activities on T.F.I. property, including, but not limited to, the zip-line course, mud-run course, rock-climb, paddle-boating, etc., or any services provided by T.F.I. and/or all of which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity/activities. 
     

  2. The risks include, but are not limited to, among other things: falling to the ground, drowning, water related injuries, musculoskeletal injuries and/or head injuries; or my own negligence or the negligence of other participants, visitors, attendants or other persons who may be present. Due to outdoor exposure, insect bites and stings, allergies, etc. are a possibility. Persons that have such allergies that require an epinephrine autoinjector should carry one on their person at all times while on the premises. 
     

  3. I understand that it is highly recommended that I do not wear jewelry during the zip-line, mud-run, or rock climbing course events, i.e. necklaces, rings, earrings, bracelets, etc., and that jewelry can be dangerous due to risk of catching on equipment, causing injury to the wearer or others. Necklaces can result in choking/strangulation, rings can result hand injury, or finger loss, bracelets can result in wrist and arm injuries and earrings can result in ear lobe damage if caught and pulled sharply. There may also be a risk of losing valuable items of jewelry while participating in an energetic activity such as a zip-lining. 
     

  4. I understand that I should notify T.F.I. Staff of any MEDICAL ALERT tags or bracelets prior to my participation in any event! 
     

  5. Furthermore, I understand that T.F.I. employees have difficult jobs to perform. They seek safety first, but they are not infallible. They might be unaware of my physical fitness, abilities or limitations. They may give inadequate warnings or instruction, and the equipment being used might malfunction. Any encouragement by T.F.I. Staff or volunteers is solely non-binding on the participant and should not be construed to be approval of the encouraged activity, I understand that I, and I alone, determine my approach to the participation in all activities and assume responsibility for my minor child/ward’s ability to make the same decisions. My judgment is the sole orator of my decision for me, or my minor child/ward, to attempt the obstacle. I am solely responsible for determining if I, or my minor child/ward, is physically fit and/or skilled for the race or activities contemplated by this agreement.
     

  6. I expressly agree and promise to accept and assume all of the risks that may exist by entering the property and/or participating in any and/or all activities. My participation in any activity/activities is purely voluntary, and I elect to participate in spite of the risks. 
     

  7. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless T.F.I. from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of T.F.I.’s equipment or facilities, including any such Claims which allege negligent acts or omissions of T.F.I. 
     

  8. Should T.F.I. or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 
     

  9. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. 
     

  10. In the event that I file a lawsuit against T.F.I., I agree to do so solely in the state of Texas, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.

By signing this document, I acknowledge that if anyone is hurt, or property is damaged, during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against T.F.I. on the basis of any claim from which I have released them herein.

Photography/Videography Release

Participant hereby grants to T.F.I., its representatives, and employees the right to take photographs and video of Participant in connection with Participant’s participation in the Events and Activities. Participant hereby authorizes the T.F.I. to copyright, use, and publish the same in print and/or electronically. Participant hereby agrees that the T.F.I. may use such photographs and video of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.

Arbitration

The Participant, and the Participant’s parent(s) or legal guardian(s), if Participant is a minor, hereby agrees to submit any dispute arising from participation in the Events and Activities, for which Participant intends to seek damages in excess of $50,000.00, to binding arbitration. Submission shall be unlimited. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the "Panel"), to be chosen by the party-appointed arbitrators. The neutral arbitrator shall be an officer or director of any entity that operates a ZIPLINE Operation in the United States. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court for the Eastern District of Texas, utilizing the selection criteria for the neutral as set forth above. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in the county and state in which the Events and Activities occurred and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. In the event that Participant, or the Participant’s parent(s) or legal guardian(s), if Participant is a minor, files a lawsuit in any court relating to, and/or arising from, Participant’s participation in the Events and Activities, Participant and/or Participant’s parent(s) or legal guardian(s), by signing this document, stipulate to a cap on Participant’s damages of $50,000.00, exclusive of interest and costs. As a threshold matter, the Panel, or the Court (if a lawsuit is filed), shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law.

I understand that I am not allowed to invert or go upside down on any zip-lines.  If I do, I accept the risk of falling out of my harness which could result in my injury or death and I hold harmless Thomas Falls, Inc., its employees, representatives and/or agents. I further understand that minors, 15-years or under, must bring & wear a life-vest when participating in water activities.

I understand that tampering with my equipment in any manor will put my life in danger and is strictly forbidden. Guides do all adjustments to equipment. If you go to the restroom, ask the guide to re-check your equipment.

WARNING! Special events may include strobe lights.

I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms and

 
 
Thomas Falls . 5543 US Hwy 259 N. - Diana, TX between Diana & Ore City Phone: 903-968-6924
 
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