AGREEMENT OF ASSUMPTION OF RISKS AND RESPONSIBILITIES FOR THE VOLUNTEERS OF THE TOUGH MUDDER EVENT.
Read this document carefully before signing. This document has legal consequences and will affect your legal rights and will limit your ability to bring future legal actions.
Terms and definitions:
means this Volunteer Legal Liability Agreement, the volunteer assumes all risks resulting from his/her participation in the Tough Mudder event.
is the Tough Mudder Classic, Tough Mudder 5K or Mini Mudder event.
means the location of the property on which the TM event is held.
is the volunteer who will be attending the TM event and who has signed this Agreement below.
are described below in the paragraph headed “Assumption of Inherent Risks”
are together Tough Mudder Italia Organizing Company, and its affiliates, associated companies, partners and external consultants, and its and their respective managers, principals, employees, contractors, equipment suppliers, spectators and other participants; the Venue owner and all sponsors of TM events.
the Volunteer, jointly and severally with the spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns or anyone else bringing a Claim against TMI or the Released Parties on his behalf.
indicates all the rules contained in this Declaration together with all the rules and regulations relating to health and safety, route and access available in the Venue and/or published on the website www.toughmudderitalia.it
is Tough Mudder Italy a company, whose registered VOLCANO srl, Limited liability company, whose registered office is at via Pier Candido Decembrio, 28 - 20137 Milan. VAT 10636010968
Assumption of Inherent Risks:
The TM event is a hazardous activity that takes place in a dangerous and hostile environment. Some of the activities include runs, military style obstacles, going through pipes, traversing cargo nets, climbing walls, encountering electric voltage, swimming in cold water, throwing or carrying or getting hit with heavy objects, and traversing muddy areas.
The Volunteer is aware of the fact and accepts that the TM Event, the environment in which it takes place, the activities of anyone involved in it, as well as the activities and competitive efforts of participants can put at risk viewers and Volunteers.
Intrinsic risks are risks that cannot be completely eliminated (without changing the demanding nature of the TM Event) regardless of the treatments, measures and precautions taken by TMI and are further described below ("Intrinsic Risks").
The Volunteer is also aware of the fact and accepts that the Event TM is extremely tiring and that there are risks and dangers in general in taking part in it as a Volunteer. He understands that these risks may be magnified by the fact that the Event TM is often conducted under extreme conditions and circumstances.
The volunteer understands and acknowledges that some of the inherent risks are include, but are not limited to: 1) my contact or collision with other persons or objects (e.g., with other spectators, course personnel, participants, motor vehicles, machinery or natural or man-made fixed objects); 2) my close proximity to and possible contact with TM event obstacles (e.g., natural and man-made water, road and surface obstacles, close proximity and/or contact with thick smoke and open flames, barbed wire, pipes, and electric shocks); 3) weather-related hazards (e.g., extreme heat, extreme cold, humidity, ice, rain, fog); and 4) judgment- and/or behaviour -related problems of participants, other spectators and volunteers and others (e.g., erratic or inappropriate behaviour,); 5) natural hazards (e.g., uneven terrain, rock falls, lightning strikes, earthquakes, wildlife attacks, contact with poisonous plants, marine life and/or ticks); collectively, the (“Inherent Risks”). TMI is committed to organizing the TM event with diligence and competence and to finding a suitable venue for the TM event, taking into account the nature of Intrinsic Risks.
The Volunteer also understands and acknowledges that any of the Inherent Risks and other risks, not specifically named, may cause injury or injuries to me that may be categorized as minor, serious, or catastrophic. Minor injuries are common and include, but are not limited to: scrapes, bruises, cuts, grazes, abrasions, sprains, strains, muscle tension and soreness, dizziness, nausea, sunburn and electrolyte imbalance. Serious injuries are less common, but do sometimes occur. They include, but are not limited to: property loss or damage, broken bones, fractures, dislocations, torn or strained ligaments and tendons, exposure, dehydration, heat exhaustion and other heat-related illnesses, mental stress, hyperthermia, hypothermia, infection, vomiting, concussion and loss of consciousness.
Catastrophic injuries are rare; however, we feel that spectators and volunteers should be aware of the possibility. These injuries can include, but are not limited to: permanent disabilities, stroke, single or multiple organ failure or dysfunction, physical damage to organs, spinal injuries, paralysis, heart attack, heart failure, brain swelling, and even death.
The Volunteer assumes all responsibility for his participation in the TM Event and declares, under his own responsibility to be in good health, (where relevant) not to be pregnant and to exonerate TMI from any liability, both civil and criminal, related to and resulting from the assessment of such suitability. He also declares that he is able to participate and that participation will not constitute a serious risk to his health and well-being. If the Volunteer believes or is aware that some obstacles and/or evidence of the TM Event route, structures or equipment are not safe or involve unreasonable risks, he assumes the obligation to immediately inform the TMI Manager.
The Volunteer declares to have fully understood and accepted the Intrinsic Risks involved in the TM Event and declares to voluntarily attend the TM Event.
The Volunteer confirms and declares that he/she has read the preceding paragraphs and acknowledges and consciously accepts the dangerous nature of the TM Event; he/she is aware of the various types of injuries and confirms that he/she knowingly assumes all the Intrinsic Risks that may result from participating in the TM Event.
Involvement, training and employment of volunteers:
The Volunteer understands and accepts that during the TM event, he/she may be involved in the following activities: reception of participants and their support in the registration phase; information service for participants and spectators at the Info Desk; collection and custody of bags and personal belongings of participants at the designated areas; organization and control of the starting batteries at the Start Line; coronation of participants on arrival with delivery of bandage and T-Shirt finisher at the Finish Line; supervision and control of obstacles, water supply/snack to participants at the route stations; motivation, encouragement and indication of the route to be followed by participants; supervision of the parking areas.
The Volunteer is committed to be available from 6:00 a.m. to 6:00 p.m., where he can be called to carry out the activities listed above as well as moments of in/training on the TM event and the support activities required.
The day of the Volunteer includes lunch break and rest breaks by replacing with other Volunteers.
The Volunteer will be trained/informed by means of information/training material to be consulted, which will be sent to their e-mail address. Further training will follow at the Venue on the day of the TM Event. The whole training will have the purpose to instruct the Volunteer about the correct execution of the above mentioned activities.
The Volunteer during the day of the TM Event must wear the uniform Tough Mudder identification of the Volunteer and follow the instructions of the organizing company.
The Volunteer declares to have understood what activities may be involved and is committed to carry out the training, consulting the information material that will be sent by e-mail before the event and making himself available to participate in training in attendance for the day of the TM Event.
Limitation of liability:
The Volunteer in relation to his participation in the Event TM, hereby forever waives, release, covenant not to claim,and discharge from any liability TMI, and any other Misbehaved from any and all claims arising:
1) Intrinsic Risks e.g. for personal injury (including death) including injury caused during rehearsals, the TM event and while at the Venue (including but not limited to the base area, stands, sidewalks, parking areas, sponsor promotions, toilets and changing rooms); and/or
2) resulting from damage to, loss or theft of your property during the TM Event;
TMI or any other Released Parties shall remain liable for any loss or damage that cannot be excluded under applicable law.
The Volunteer agrees to reimburse TMI and any other Released Parties in respect of:
1) any claim by any third party (by way of example, other Volunteer, Participant, spectator, rescuer, employee of TMI) attributable to willful misconduct or even slight negligence of the Volunteer that have caused Intrinsic Risks (by way of example, personal injury, including death, injury caused during training tests and during the stay) and / or damage, loss or theft of property during the TM Event in the property of the same third parties;
2) any Complaint by a third party arising from (i) failure to comply with the rules of the game or the instructions contained in the information/training material made available by Tough Mudder or (ii) failure to comply with the instructions provided by Tough Mudder during training at the Venue or (iii) negligent or reckless conduct or omissions on the part of the Volunteer at the TM Event;
TMI or any other Released Parties shall remain liable for any loss or damage that cannot be excluded under applicable law.
The Limitation of Liability and Indemnity clauses contained in this Declaration are valid even after the conclusion of the TM Event.
Jurisdiction and competent Court:
This Declaration and any dispute relating to the TM Event are subject only to Italian law. The Jurisdiction belongs to the Italian Judge and the exclusive place of jurisdiction is Milan.
The Volunteer understands and agrees that this Agreement is intended to be as broad and inclusive as is permitted by laws of England and Wales and that if any court or competent authority finds that any provision of this Agreement (or part of any provision) is invalid, unlawful, void, or for any reason unenforceable, then that provision or part-provision shall, to the extent required, be deemed to be deleted from this Agreement and the validity and enforceability of any remaining provisions of this Agreement shall not be affected.
Uniqueness of Declaration:
This Statement supersedes all prior oral or written promises or agreements. The Volunteer understands that this is the only binding act towards TMI relating to the TM event it intends to attend and may not be modified or changed in any way by the statements of any TMI employee or employee.
The Volunteer understands and agree that that this Agreement is the entire Agreement between me and TML relating to its subject matter and it supersedes any and all previous oral or written promises or agreements on the same subject matter. The Volunteer agrees that this Agreement may only be amended by a written document duly executed by TMI on giving me at least 30 days written notice prior to the date of the TM Event. If The Volunteer does not agree to the amended terms of this Agreement He/She must let TMI know in writing at least 7 days before the date of the TM Event (“Refusal”) and I acknowledge that I shall not be permitted to attend the TM event as a spectator or volunteer. In the absence of communication to TMI, the Volunteer will be deemed to have accepted the terms of the Agreement. For the purposes of this provision, TMI shall also notify any changes by e-mail.
Distance from the event TM or Venue:
The Volunteer declares that it is aware of and accepts that the TMI staff and/or the Venue staff may prohibit or prevent anyone from taking part in the TM Event and/or immediately remove someone from the Venue if they believe that such person has disobeyed any applicable rules, directions, instructions, decisions or laws; or whose conduct endangers the safety or adversely affects the person himself or any other person, structure or property of any kind.
Health-related permissions by volunteers:
The Volunteer, in the event of an injury or illness that makes him/her unaware, unable or unconscious to make a medical decision, authorizes the appropriate TMI staff and the TM event's emergency medical staff to make emergency medical decisions on his/her behalf (including the use of an Automated External Defibrillator). You authorize TMI to provide emergency medical care or transportation on your behalf when deemed necessary by them.
Photos and Videos:
The Volunteer declares that he/she is aware of, agrees and understands that all photographs, films, recordings and/or various materials that portray him/her, produced during the TM Event by TMI, its partners and collaborators and/or the media ("Other Relevant Parties") become the sole property of TMI and/or the other Relevant Parties (as applicable).
The Volunteer declares that he/she is aware of and accepts that such photographs, films, recordings and/or reproductions depicting him/her may be modified, distributed, adapted, copied, used and/or exploited in whole or in part, in all media and formats, worldwide, in perpetuity, for any legitimate commercial or non-commercial purpose, including, but not limited to, the promotion, advertising and marketing of TMI and events held by TMI, without notice or compensation. The Volunteer further acknowledges and agrees that TMI and the other relevant Parties have the full right to sell and/or profit from the commercial use of such photographs, films, recordings and/or the like. The Volunteer also grants TMI permission to use its name in connection with its legitimate commercial and non-commercial purposes including, but not limited to, TMI's promotion, advertising and marketing and events organized by TMI without notice or compensation.
Alcohol and drugs:
The Volunteer guarantees that during their participation in the TM Event will not be under the influence of alcohol, drugs, drugs however called, even legal, or prescription drugs. The Volunteer declares to assume full responsibility, for any reason, for any consequence that may arise from the use of alcohol, drugs or drugs.
The Volunteer is aware of the fact that TMI has prepared a Regulation for the protection of all subjects participating in the Event TM in various capacities, including spectators. The Volunteer declares to know and accept the Regulations. The Volunteer agrees that participation in the TM Event is subject to compliance with: 1) the terms of this Declaration; 2) the rules; 3) all indications, instructions and decisions of TMI and Venue Staff on the day of the TM Event. The Volunteer declares to know and accept in full the regulations of the TM event.