WAIVER AND RELEASE OF LIABILITY

READ BEFORE SIGNING

 

By executing this document electronically, I am freely and voluntarily seeking to participate in barrel racing event(s) produced and sponsored in whole or in part by MCC Events, LLC, d/b/a National Barrel Horse Association (“NBHA”). In consideration of being allowed to participate in any way in the aforementioned events and activities, the undersigned acknowledges, appreciates, and agrees that:

 

  1. The risks of injury and illness (g., COVID-19) from equine activities are significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce these risks, the risks of serious injury and illness do exist. The inherent risks include those dangers and conditions which are an integral part of equine activities, including, but not limited to: the propensity of an equine or other animal to behave in ways that may result in injury, harm, or death to persons on or around them; the unpredictability of the equine’s reaction to such things as sounds, sudden movements and unfamiliar objects, persons or other animals; and collisions with other animals or objects.  I am not relying on NBHA to list all possible inherent risks or all risks of participating.

 

  1. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others assume full responsibility for my participation.

 

  1. I agree to comply with the stated and customary terms and conditions for participation. Certain additional disclosures or requirements may apply depending upon the state in which the event takes place.  I acknowledge that I have read the provisions printed in the terms and conditions applicable to the applicable state and may request a copy of such additional provisions at the event.  These provisions are also available on the NBHA website at https://nbha.com/terms.

 

  1. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS NBHA, together with its sponsors, managers, property owners, officials, and affiliates and their respective directors, officers, members, employees, agents, volunteers, representatives, and designated officials of the National Barrel Horse Association (“RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, or loss or damage to person or property arising, directly or indirectly from my participation in NBHA activities, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

 

  1. I consent to the electronic execution and delivery of this instrument and the electronic storage of my signature. I acknowledge I have the ability to print an electronic copy of this record. I consent to NBHA verifying my signature by utilizing unique signifiers such as a timestamp, email and IP address as determined in NBHA’s discretion. I further consent to allow NBHA to publish all photographs, videotapes and/or film in which I appear while attending NBHA activities and grant NBHA the non-exclusive, worldwide, sublicensable right and license to use my name, voice likeness and/or any biographical materials in NBHA’s advertisements, brochures, infomercials and other marketing programs, presentations and materials, in all media, whether now existing or hereafter devised.

 

  1. Georgia law applies to this waiver. Any legal disputes between the parties shall be brought and litigated in a court of proper jurisdiction located in Richmond County, Georgia. Should I file a lawsuit in breach of this waiver, I agree to pay all attorney fees, court fees, expenses and other costs incurred by NBHA.

 

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, WITH MY FULL EXPRESS INTENT THAT IT BE FULLY ENFORECEABLE. 

 

FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION) I, as parent/guardian with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of the activity and his/her responsibilities for adhering to the rules and regulations. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releases and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releases from any and all liabilities incident to my minor child’s/ward’s involvement or participation in the NBHA activities as provided above.