WAIVERS 

Giant Challenge Agreement & Liability Waiver (“Agreement and Waiver”)

 

PLEASE READ THE FOLLOWING AGREEMENT AND WAIVER CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR THE EVENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ THE AGREEMENT AND WAIVER AND AGREE TO THE TERMS SET FORTH BELOW.

Though you still need to read the entire document, some of the key points of this Agreement and Waiver are highlighted here:

  • The activity for which you are registering (the “Event”) may be physically challenging and may pose a risk of discomfort, illness, injury, and even death. You need to be satisfied that you are physically capable of doing the Event without undue risk to your health or your life. We do not conduct health or fitness checks on entrants.

  • The Event may involve inherent risks and dangers to participants and observers and, accordingly, you participate or observe at your own risk.
    Where you have registered or entered on behalf of anyone under the age of 18 or have accompanied anyone under the age of 18 to observe the Event, you also agree to the contents of this Agreement and Waiver on behalf of the person under 18.

  • In consideration of being permitted to register and/or participate in and/or observe the Event, on behalf of yourself and any personal representatives, assigns, heirs, executors, successors, next of kin, and persons supported by you (if relevant under the applicable laws), you understand that:

  1. Authority to Register and/or to Act as Agent. You represent and warrant to Giant Challenge that you have full legal authority and capacity to complete the registration for the Event, including this Agreement and Waiver, on behalf of yourself and/or, where applicable, any party for whom you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, (a) “Giant Challenge” means and includes Giant Challenge, its partners, licensors, and any and all subsidiaries, affiliated entities, or entities that control, are controlled by, or are under common control with Giant Challenge singly or together and its and each of their officers, employees, contractors, subcontractors and agents and each of their agents, representatives, successors and assigns; and (b) “you” or “your” means and includes you (as an individual) and all other Registered Parties for whom you are registering, and by virtue of agreeing to this Agreement and Waiver, for whom you are waiving certain rights.

If you are registering a child under the age of 18 or an incapacitated adult, you represent and warrant that you are the parent or legal guardian of that party and have the legal authority and capacity to enter into this Agreement and Waiver on his/her behalf and by proceeding with registration for the Event, you agree that the terms of this Agreement and Waiver shall apply equally to all of the Registered Parties. To the extent permitted by law, each person agreeing to this Agreement and Waiver for him/herself and/or on behalf of another Registered Party (including, without limitation, any minor) agrees to indemnify, defend, and hold Giant Challenge harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys’ fees) of any kind or nature (each, a “Liability” and collectively “Liabilities”) in the event the Liability arises because a Registered Party is found by a court of competent jurisdiction to not be bound by the terms and conditions of this this Agreement and Waiver. In addition, if, despite this Agreement and Waiver, any of the Registered Parties makes a claim against Giant Challenge, you agree, immediately upon request or demand by Giant Challenge, to defend, indemnify, and hold Giant Challenge harmless from all Liabilities which may be incurred as the result of such claim.

 

2. ASSUMPTION OF RISK. IN CONSIDERATION OF THE ACCEPTANCE OF YOUR REGISTRATION AND PARTICIPATION IN THE EVENT, YOU ASSUME FULL AND COMPLETE RISK AND RESPONSIBILITY FOR ANY DISCOMFORT, ILLNESS, INJURY, OR ACCIDENT WHICH MAY OCCUR WHILE YOU ARE PREPARING FOR THE EVENT, DURING THE EVENT, WHILE YOU ARE ON THE PREMISES OF THE EVENT, OR WHILE YOU ARE TRAVELING TO OR FROM THE EVENT. YOU UNDERSTAND THAT PARTICIPATING IN THE EVENT MAY BE HAZARDOUS, AND THAT YOU SHOULD NOT ENTER AND PARTICIPATE UNLESS YOU ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU SHOULD CONSULT YOUR DOCTOR BEFORE PARTICIPATING IN THE EVENT. IT IS YOUR RESPONSIBILITY TO CHECK AND TO ENSURE THAT YOU ARE AT ALL TIMES MEDICALLY AND PHYSICALLY FIT TO PARTICIPATE IN THE ACTIVITIES RELATED TO THE EVENT. YOU ACKNOWLEDGE AND AGREE THAT THE EVENT MAY BE HELD OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. YOU ALSO ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN THE EVENT MAY CARRY WITH IT CERTAIN INHERENT RISKS AND DANGERS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM RISK OF MINOR DISCOMFORT TO CATASTROPHIC INJURIES INCLUDING PERMANENT DISABILITY AND DEATH. YOU ARE AWARE OF AND ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATING IN THE EVENT, INCLUDING WITHOUT LIMITATION RISKS OF PERMANENT INJURY OR DEATH DUE TO FALLS, OBSTACLES, CONTACT WITH OTHER PARTICIPANTS, ACTS OR OMISSIONS OF OTHER PARTICIPANTS, EFFECT OF WEATHER, TRAFFIC AND CONDITIONS OF ANY ROAD.
 

3. Representations. You represent and warrant that you are in good physical condition, are able to safely participate in the Event, and have no medical condition that would make your participation in the Event more hazardous. You consent to medical care and transportation in order to obtain treatment in the event of injury to you and understand that this Agreement and Waiver 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 and/or injury. You understand that no medical care may be available, but if it is, you assume liability for any and all medical expenses incurred as a result of your participation in the Event (where such medical expenses are not provided on a free of charge basis by any medical services organisations, clinics, or hospitals), including, but not limited to ambulance transport, hospital stays, physician, and pharmaceutical goods and services. You agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided to you by Giant Challenge or the Event organiser and to abide by any decision of any Event official relative to your ability to safely participate in or attend the Event. You understand and agree that you are expected to exhibit appropriate behaviour at all times while at the Event and to obey all applicable laws while participating in or attending the Event. This includes, generally, respect for other people, equipment, facilities or property. You agree that Event officials may dismiss you, without refund, should your behaviour, in the opinion of Giant Challenge or the Event organiser, endanger the safety of or negatively affect the Event. You understand and agree that you are responsible for taking care of your own personal belongings during the Event and, to the maximum extent permitted by law, neither Giant Challenge nor the Event organiser is responsible for any personal item or property that is lost, damaged or stolen at the Event. You understand and agree that the Event organiser reserves the right to cancel the Event in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots, or for any reason that would affect the safety and security of Event participants and/or spectators or the feasibility of the Event to be held. In the event of such cancellation or any other cancellation for any reason, there will be no refund of your payment unless authorised and paid by the Event organiser. You agree to hold Giant Challenge harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys’ fees) of any kind or nature, related to any cancellation or disruption of the Event.
 

4.RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO SUE AND FOREVER DISCHARGE GIANT CHALLENGE AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE.

GIANT CHALLENGE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GIANT CHALLENGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, GIANT CHALLENGE WILL NOT BE RESPONSIBLE FOR (A) THE USE OR THE INABILITY TO USE THE GIANT CHALLENGE SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE GIANT CHALLENGE SITES; (C) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY GIANT CHALLENGE; (D) PERSONAL INJURY; (E) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE GIANT CHALLENGE SITES; (G) ANY OTHER MATTER RELATING TO THE GIANT CHALLENGE SITES, OR GIANT CHALLENGE PRODUCTS OR SERVICES; OR (H) YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT GIANT CHALLENGE’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY GIANT CHALLENGE FROM YOU.

NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING GIANT CHALLENGE’S OR THE EVENT ORGANISER'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVER.

5.INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS GIANT CHALLENGE AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FROM ALL LIABILITIES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITY CAUSED BY NEGLIGENCE (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF GIANT CHALLENGE, (B) YOUR USE OF GIANT CHALLENGE, OR (C) ANY VIOLATION BY YOU OF ANY TERMS OF THIS AGREEMENT AND WAIVER AND/OR THE TERMS OF USE LOCATED AT.
WWW.GIANTCHALLENGE.CO.UK/WAIVERS

 

6.DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF GIANT CHALLENGE’S SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GIANT CHALLENGE MAKES NO WARRANTY THAT GIANT CHALLENGE SITES’ SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE. GIANT CHALLENGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GIANT CHALLENGE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON, OR PROVIDED IN CONNECTION WITH, THE GIANT CHALLENGE SITES. GAIANT CHALLENGE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
 

7. Use of Likeness. You hereby irrevocably grant Giant Challenge and the Event organiser permission to record your voice and photograph you in conjunction with the Event. You understand and agree that the term "photograph" as used herein encompasses both still photographs and video recordings. You further grant Giant Challenge and the Event organiser permission to use your photograph, voice, and likeness taken in conjunction with the Event, in any form, including edited versions, in or over any medium including without limitation streaming audio and/or video over the internet, broadcast, cable, satellite transmissions, and media that are unknown at this time, worldwide for any legitimate purpose including, without limitation, any commercial purpose, without compensation to you. Your further waive any right of inspection of any such recordings and photographs. You understand that any such recordings and photographs recorded by Giant Challenge and/or the Event organiser shall become the sole property of Giant Challenge and/or the Event holder, as applicable.
 

8. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this Agreement and Waiver is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (a) the validity, legality, and enforceability of the remaining provisions of this Agreement and Waiver (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (b) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the Agreement and Waiver shall be deemed amended accordingly.
 

9. ACCEPTANCE. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU AND ALL REGISTERED PARTIES ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE AGREEING TO THIS AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. IF THE PARTICIPANT IS A MINOR OR INCAPACITATED ADULT, YOU CERTIFY THAT YOU ARE THE PARTICIPANT'S PARENT OR GUARDIAN AND AGREE TO THIS WAIVER AND RELEASE FROM LIABILITY ON BEHALF OF THE PARTICIPANT.

10. Applicable Law; Consent to Jurisdiction; Other Jurisdiction-Specific Provisions.

Provisions Applicable to Events Held in Ireland: You agree that the laws of the Ireland will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Giant Challenge relating to this Agreement and Waiver shall be the courts of Ireland.

You agree to release Giant Challenge, the Event organiser and all or any other Occupiers (“Occupiers” has the meaning given to the term “Occupier” by section 1 of the Occupiers Liability Act, 1995 ) for the time being from any claims that might otherwise subsist under the Occupiers Liability Act, 1995, to the maximum extent permitted by law.

Provisions Applicable to Events Held in the United Kingdom: You agree that the laws of England and Wales will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Giant Challenge relating to this Agreement and Waiver shall be the courts of England and Wales.  

Data Consent & Online and On-Site Participant Waiver

 

I am hereby consenting (and if the personal information submitted herein is of a minor below the age of 18, I am hereby consenting, and am lawfully permitted to consent, on his/her behalf) that Giant Challenge (GC) on behalf of itself and its affiliated entities, can process my personal data for the purpose of marketing, operating promoting, and informing me of its event series and related businesses. Subject to applicable law and Giant Challenge policies, I am aware that I may withdraw my consent at any time by using the data subject consent withdrawal process found in our legal terms and conditions (the link is found on the footer of the Giant Challenge homepage).

READ THIS DOCUMENT CAREFULLY BEFORE AGREEING TO ITS TERMS. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND MAY AFFECT YOUR LEGAL RIGHTS AND MAY ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS. PARTICIPANTS READ WAIVER #1,MINORS PARTCIPANTS WAIVER #3.

 

WAIVER #1: Giant Challenge - Participant Waiver

PARTICIPANTS AND PARENTS/GUARDIANS OF MINORS: READ THIS DOCUMENT CAREFULLY BEFORE AGREEING TO ITS TERMS. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND MAY AFFECT YOUR LEGAL RIGHTS AND MAY LIMIT YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.

MINORS AGED 12,13, 14, 15, 16 OR 17: YOU MAY ONLY PARTICIPATE IN THE GIANT CHALLENGE EVENT IF YOU ARE ACCOMPANIED BY YOUR PARENT OR LEGAL GUARDIAN / AN ADULT AGED 18 OR OVER AND YOUR PARENT OR LEGAL GUARDIAN’S HAS ACCEPTED THE TERMS OF THIS AGREEMENT.

PARENTS/LEGAL GUARDIANS: IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR, THEN BY CHECKING THE BOX BELOW THIS AGREEMENT YOU ARE CONSENTING TO THE TERMS OF THIS AGREEMENT AND YOU ARE AGREEING TO THE MINOR’S PARTICIPATION IN THE GIANT CHALLENGE EVENT UNDER YOUR / AN ACCOMPANYING ADULT’S DIRECT SUPERVISION.

Definitions and Interpretation

“Agreement” means this Assumption of Risk, Limitation of Liability and Indemnity Agreement for Participants Aged 12 or Over;

“Claim(s)” means all claims and actions for losses, costs, expenses and damages, including legal fees and related expenses;

“I / me / my / Participant” is you, who will be a participant, and, if applicable the Parent/Guardian in the GC event and who is either aged 18 or over or is a Minor, and who has accepted the terms this Agreement below;

“Inherent Risks” are described below in the paragraph headed “Assumption of Inherent Risks”;

“Minor” means the Participant in the GC event who has accepted the terms of this Agreement and who is aged 12, 13, 14, 15, 16 or 17 on the date of their assent to this Agreement;

“Parent/Guardian” means the Minor’s parent or legal guardian who has accepted the terms of this Agreement and is named below;

“Released Parties” are together GC and its affiliates and its and their respective directors, officers, employees, agents, contractors, insurers, equipment suppliers, spectators, other participants and volunteers; the VENUE OWNER and its directors, officers, employees, agents, contractors, insurers, equipment suppliers, and volunteers; all GC event sponsors, organisers, promoters, directors, officials, property owners, and advertisers; governmental bodies and/or municipal agencies whose property and/or personnel are used; and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives of any of the foregoing;

“Releasing Parties” are together my and Parent/Guardian’s 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 GC or the Released Parties on my behalf;

“Rules” means all of the rules contained in this Agreement together with all of the health and safety, course and access rules and regulations provided to me or posted at the Venue and on the website www.giantchallenge.co.uk (as displayed on the date that I accepted the terms of this Agreement);

“GC event” is the Giant Challenge, Haughton Giant Challenge or other Giant Challenge-branded event that is taking place at the Venue further described below in the paragraph headed “Assumption of Inherent Risks”;

 “Venue” means the property on which the Giant Challenge event is held.

Paragraph headings shall not affect the interpretation of this Agreement. Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular.

Assumption of Inherent Risks: The Giant Challenge event is meant to be an extreme test of toughness, strength, stamina, camaraderie, and mental grit that takes place in one place in one day. It is not a race against other contestants, but rather a competition with oneself and the routes. The object is to complete the course. Inherent risks are risks that cannot be eliminated completely (without changing the challenging nature of the GC event) regardless of the care, measures and precautions taken by GC and are further described below (“Inherent Risks”). I also understand that the GC event is an extremely strenuous event and that there are risks and dangers generally in taking part in such activities. I understand that these hazards may be magnified due to the fact that the GC event is often conducted over long distances and challenging elevation.

I understand and acknowledge that the Inherent Risks include, but are not limited to: 1) my contact or collision with other persons or objects (e.g., with spectators or course personnel, other participants, motor vehicles, machinery, or natural or man-made fixed objects or obstacles; 2) extremely challenging course conditions; 3) weather-related hazards (e.g., extreme heat, extreme cold, humidity, ice, rain, fog); 4) judgment and/or behaviour related problems by me during the event; 5) erratic or inappropriate behaviour by other participants and/or spectators; and 6) natural hazards (e.g., uneven terrain, rock falls, lightning strikes, earthquakes, wildlife attacks, contact with poisonous plants, marine life and/or ticks). GC will use reasonable care and skill to run the GC event and provide a Venue that is fit and suitable for the GC event taking into account the nature of the Inherent Risks.

I further understand and acknowledge that any of the Inherent Risks and other risks, not specifically named, may cause injury or injuries that may be categorised 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, fainting, 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 ligaments and tendons, exposure, dehydration, heat exhaustion and other heat-related illnesses, hyperthermia, hypothermia, mental stress or exhaustion, infection, vomiting, , concussion, loss of consciousness, seizures, electric shock and/or injury and neurological disorders/pain. Catastrophic injuries are rare; however, we feel that our participants 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.

I understand that it is my responsibility to consult with my doctor (“GP”) prior to participating in the GC event to ensure that I am fit and well enough to take part and that my participation will not pose any unusual or serious risks to my health and well-being.

If I believe or become aware that any aspects of the GC event course, facilities or equipment are unsafe or pose unreasonable risks, I agree to immediately notify appropriate GC and/or Venue personnel. I and Parent/Guardian accept that I am fully and solely responsible for the condition and adequacy all of my own equipment that I bring to the Venue.

I understand fully the Inherent Risks involved in the GC event and I assert that I am willingly and voluntarily participating in the GC event and Parent/Guardian asserts that he/she is willingly and voluntarily permitting his/her Minor’s participation in the GC event. I have read the preceding paragraphs and acknowledge that: 1) I understand the nature of the GC event; 2) I understand the demands of the activities at the GC event relative to my physical condition; 3) I appreciate the potential impact of the types of injuries that may result from my participation in the GC event; 4) I hereby confirm that I knowingly assume all of the Inherent Risks of the GC event; and 5) I understand that GC recommends that I check that I have health insurance to cover any injuries I may suffer as a result of participating in the GC event.

Limitation of Liability: I and Parent/Guardian hereby forever waive, release, covenant not to Claim, and discharge GC and the other Released Parties from any and all Claims arising out of my participation in the GC event:

1) resulting from the Inherent Risks e.g. for personal injury (including death) including injury caused during practice runs, the GC event, and while at the Venue location (including, but not limited to the base area, stands, pavements, parking areas, sponsor promotions, toilet facilities and dressing facilities); and/or

2) resulting from damage to, loss of, or theft of my property during the GC event;

EXCEPT THAT nothing in this Agreement shall limit or exclude either GC or the Released Parties’ liability for: (i) death or personal injury resulting from its negligence; (ii) breach of statutory duty; (iii) criminal acts; (iv) fraud; (v) or any liability that cannot be excluded under applicable law.

Indemnity: I hereby agree to reimburse GC and the other Released Parties in respect of: 1) any and all Claims made by any Releasing Party arising out of my participation in the GC event resulting from the Inherent Risks e.g., for personal injury, including death, (including injury caused during practice runs and while at the Venue) and/or from damage to, loss of, or theft of my property during the GC event; and2) any and all Claims of other participants, rescuers, and others arising from my failure to comply with the Rules and/or my reckless conduct in the course of my participation in the GC event;

EXCEPT FOR Claims arising from either GC or the Released Parties’ liability for: (i) death or personal injury resulting from its negligence; (ii) breach of statutory duty; (iii) criminal acts; (iv) fraud; (i) or any liability that cannot be excluded under applicable law.

The Limitation of Liability and Indemnity provisions in this Agreement shall survive the end of the GC event.

Venue and Jurisdiction: I understand that if legal action is brought in connection with this Agreement or its subject matter, the courts of England and Wales shall have the sole and exclusive jurisdiction over the action and that only the substantive laws of England and Wales shall apply.

Severability: I understand and agree 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.

Entire Agreement: This Agreement supersedes any and all previous oral or written promises or agreements. I and Parent/Guardian each understand that this is the entire Agreement between me and GC relating to its subject matter, and cannot be modified or changed in any way by representations or statements by any agent or employee of GC. I and Parent/Guardian each agree that this Agreement may only be amended by a written document duly executed by GC and I on giving me at least 30 days written notice prior to the date of the GC event. If I do not agree to the amended terms of this Agreement I must let GC know in writing at least 7 days before the date of the GC event (“Refusal”) and I acknowledge that I shall not be permitted to take part in the GC event. In these circumstances the entry fee that I have paid shall be refunded to me within 30 days of the date of my Refusal. If I do not send GC a Refusal I shall be deemed to have accepted the amended terms of this Agreement. For the purpose of this provision a reference to “writing” includes email.

Agreements for the Protection of Participants

I and confirm that I am in good health and in proper physical condition to safely participate in the GC event. I confirm that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in the GC event, or that would result in my participation creating a risk of danger to myself or to others.

I acknowledge that GC recommends and encourages that I obtain medical clearance from my GP prior to my participation in the GC event. I confirm that I have not been cautioned against me participating in the GC event by any medical practitioner.

I understand it is my responsibility to continuously monitor my own physical and mental condition during the GC event, and I agree to withdraw immediately and to notify appropriate GC personnel if my continued participation would create a risk of danger to myself or to others.

In the event of an injury to me that renders me unconscious or incapable of making a medical decision, I authorise appropriate GC personnel and emergency medical personnel at the GC event to make emergency medical decisions on my behalf (including, but not limited to CPR and use of an Automated External Defibrillator). I authorise GC to secure emergency medical care or transportation for me when deemed necessary by GC.

I acknowledge that GC has instituted its rules for the protection of everyone attending the GC event including its participants. I agree to familiarise myself with all Rules and to follow them throughout the GC event. Parent/Guardian agrees to also familiarise his / herself with the Rules and ensure that the Minor is familiar with such Rules and will follow them throughout the GC event. I agree that GC may stop or prevent my participation in the GC event (and, if necessary, have me removed from the Venue) if my participation, conduct, or presence endangers me or any other person present at the GC event.

Removal from GC event or Venue: I acknowledge that GC personnel and/or Venue personnel may prohibit or stop anyone from taking part in the GC event and/or immediately remove anyone from the Venue if they believe such person has disobeyed any applicable Rules, directions, instructions, decisions, or laws; or whose behaviour endangers safety or negatively affects that person, any other person, facility, or property of any type or kind.

SUA Operations: I hereby elect to participate with the SUA (Small Unmanned Aircraft) flight operations. I understand the low risk inherent in the SUA flight operations.

Alcohol & Drugs: I agree to ensure that: 1) I will not be under the influence of alcohol or any non-prescription drugs during my participation in the course or at the base area at the GC event; and 2) I shall not consume alcohol excessively or be under the influence of any illegal drugs at the after party on the day of the GC event. I agree to take full responsibility for any alcohol that I consume at the GC event.

Data Protection and Marketing: I agree that: 1) in the case of an emergency GC and/or Venue personnel may use the emergency contact details I provided when I registered for the GC event; 2) should I receive medical assistance at the GC event, data collected on an accident form will be held on GC’s database and shall be handled in accordance with the terms of the Data Protection Act 1998 (as amended from time to time) in accordance with GC’s privacy policy, which is available at www.giantchallenge.co.uk; and 3) GC may share any data I provide to it, including personal data collected from me by registering online and Parent/Guardian’s name, to any of its group companies and group business contacts within and outside the European Economic Area for use in connection with the GC event (even where the country or territory in question is not identified as one that maintains adequate data protection standards). By giving GC my personal information, I expressly consent to GC’s collection, use and disclosure of my personal information as described in GC’s privacy policy which can be found at www.giantchallenge.co.uk. When I submit personal information to GC, GC may use it to contact me, and GC may provide it to certain third parties for marketing or promotional purposes. I have the right to ask GC not to process my personal data for marketing purposes and that I may always opt-out of receiving future e-mail messages and newsletters from GC or request that my information be removed from GC’s website or corrected by emailing GC at data@giantchallenge.co.uk.

Specific Rules: I acknowledge and agree that on the day of the GC event: 1) I shall not urinate or defecate outside of designated areas at the Venue; 2) I shall not bring any non-service animals to the Venue; 3) I shall not use any non-medically necessary wheeled equipment during my participation in the course at the GC event; and 4) I shall not wear any clothing or use any props or equipment that may pose a risk to myself, other participants, spectators or personnel.

Photography: I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during the GC event by GC, its affiliated entities or contractors, and/or the media (“Relevant Other Parties”) become the sole property of GC and/or the Relevant Other Parties (as applicable). I acknowledge that such photographs, motion pictures, recordings, and/or likenesses of me may be edited, disseminated, adapted, modified, copied, used and/or exploited in whole or in part in all media and formats throughout the world in perpetuity for any legitimate commercial or non-commercial purpose, including but not limited to promoting, advertising and marketing GC and events held by GC, without prior notice or compensation. I further understand that GC and the Relevant Other Parties have the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses of me. I also grant GC the permission to use my name in connection with its legitimate commercial and non-commercial purposes including but not limited to promoting, advertising, and marketing GC and events held by GC without prior notice or compensation.

Rules: I and Parent/Guardian agree that my participation in the GC event is subject to my compliance with: 1) the terms of this Agreement; 2) the Rules; 3) all directions, instructions and decisions of GC and Venue Personnel on the day of the GC event.

Age: I and Parent/Guardian confirm that I am aged 13 or over on the date that I am accepting the terms of this Agreement.

Participant's Agreement Acknowledgment of Understanding: I have read this Agreement and fully understand its terms. I understand that I am limiting my rights, including my right to sue. I further acknowledge that I am accepting the terms of this Agreement freely and voluntarily.

IF THE PARTICIPANT IS A MINOR (I.E. AGED 12, 13, 14, 15, 16 OR 17 ON THE DATE THEY ACCEPT THE TERMS OF THIS AGREEMENT) THEN THEIR PARENT OR GUARDIAN MUST ALSO ACCEPT THE TERMS OF THIS AGREEMENT.

Parent/Guardian’s Agreement and Acknowledgment of Understanding: I confirm that I am the parent or legal guardian of the above named participating Minor and that I have read this Agreement and fully understand its terms. I understand that by assenting to the terms of this Agreement I am limiting my rights, including my right to sue. I further acknowledge that I am accepting the terms of this Agreement freely and voluntarily. I confirm that either I or an adult aged 18 or over will accompany the Minor if the Minor is participating in the GC event.

WAIVER #3: Giant Challenge Limited – Minors

PARENTS/GUARDIANS OF MINORS: READ THIS DOCUMENT CAREFULLY BEFORE AGREEING TO ITS TERMS. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND MAY AFFECT YOUR LEGAL RIGHTS AND MAY LIMIT YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.

IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR, THEN BY ACCEPTING THE TERMS OF THIS AGREEMENT YOU ARE CONSENTING TO THE TERMS OF THIS AGREEMENT AND YOU ARE AGREEING TO THE MINOR’S PARTICIPATION IN THE GIANT CHALLENGE EVENT UNDER YOUR / AN ACCOMPANYING ADULT’S DIRECT SUPERVISION.

Definitions and Interpretation

“Agreement” means the terms and conditions of this Parental / Legal Guardian Consent and Liability Agreement for Participating Minors Aged 7 to 13;

“Claim(s)” means all claims and actions for losses, costs, expenses and damages, including legal fees and related expenses;

“I / me / my / Parent / Guardian” is you, the Minor’s parent or legal guardian who has accepted the terms of this Agreement and is named below;

“Inherent Risks” are described below in the paragraph headed “Assumption of Inherent Risks”;

“Minor” means each participant in the Giant Challenge Event who is/are named below and who is/are aged between 7 and 13 years old on the date of my assent to this Agreement;

 “Released Parties” are together GC and its affiliates and its and their respective directors, officers, employees, agents, contractors, insurers, equipment suppliers, spectators, other participants, and volunteers; the VENUE OWNER and its directors, officers, employees, agents, contractors, insurers, equipment suppliers, and volunteers; all GC event sponsors, organisers, promoters, directors, officials, property owners, and advertisers; governmental bodies and/or municipal agencies whose property and/or personnel are used; and any and all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives of any of the foregoing;

“Releasing Parties” include , the Minor, my spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on behalf of the Minor;

“Rules” means all of the rules contained in this Agreement together with all of the health and safety, course and access rules and regulations provided to me or posted at the Venue and on the website www.giantchallenge.co.uk (as displayed on the date that I accepted the terms of this Agreement);

 “Venue” means the property on which the Giant Challenge Event is held.

Paragraph headings shall not affect the interpretation of this Agreement. Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular. References to “the Minor” include all Minors named in this Agreement.

GC will use reasonable care and skill to provide a Venue that is fit and suitable for the Giant Challenge taking into account the nature of the Inherent Risks.

I understand and acknowledge that any of the Inherent Risks and other risks, not specifically named, may cause injury or injuries to the Minor 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, fainting, nausea, sunburn and electrolyte imbalance. Less common serious injuries also sometimes occur. They include, but are not limited to: property loss or damage, broken bones, fractures, dislocations, torn or ligaments and tendons, exposure, dehydration, heat-related illness, mental stress or exhaustion, hyperthermia, hypothermia, infection, vomiting, concussion and loss of consciousness. Catastrophic injuries are rare; however, we feel that Parents and Guardians should be aware of all possibilities. These injuries can include, but are not limited to: permanent disabilities, physical damage to organs, spinal injuries and paralysis, stroke, heart attack, brain swelling and even death.

I understand that it is my responsibility to consult with a doctor (“GP”) prior to the Minor attending the Giant Challenge Event to ensure that the Minor is fit and well enough to take part in the Giant Challenge Event and that his/her participation will not pose any unusual or serious risks to his/her health and well-being.

If I believe or become aware that any aspects of the Giant Challenge Event, facilities, or equipment are unsafe or pose unreasonable risks, I agree to immediately notify appropriate GC and/or Venue personnel. I accept that I am fully and solely responsible for the condition and adequacy all of my own equipment that I bring to the Venue.

I understand fully the Inherent Risks involved in the Minor’s participation in the Giant Challenge  Event and assert that I am willingly and voluntarily permitting his/her participation in the Giant Challenge Event. I have read the preceding paragraphs and acknowledge that:

1) I understand the nature of the Giant Challenge Event;

2) I understand the demands of the activities at the Giant Challenge Event relative to the Minor’s physical condition;

3) I appreciate the potential impact of the types of injuries that may result from the Minor’s participation in the Giant Challenge Event;

4) I hereby confirm that I knowingly assume all of the Inherent Risks of the Giant Challenge Event; and

5) I understand that GC recommends that I check that I have health insurance which covers any injuries the Minor may suffer as a result of participating in the Giant Challenge Event.

Limitation of Liability: I hereby forever waive, release, covenant not to Claim, and discharge GC and the other Released Parties from any and all Claims arising out of the Minor’s participation in the Giant Challenge Event:

1) resulting from the Inherent Risks e.g., for personal injury (including death) including injury caused during practice runs and while at the Venue (including, but not limited to the base area, stands, pavements, parking areas, sponsor promotions, toilet facilities and dressing facilities); and/or

2) resulting from damage to, loss of, or theft of my property during the Giant Challenge Event;

EXCEPT THAT nothing in this Agreement shall limit or exclude either GC or the Released Parties’ liability for: (i) death or personal injury resulting from its negligence; (ii) breach of statutory duty; (iii) criminal acts; (iv) fraud; (v) or any liability that cannot be excluded under applicable law.

Indemnity: I hereby agree to reimburse GC and the other Released Parties in respect of:

1) any and all Claims made by any Releasing Party arising out of the Minor's participation in the Giant Challenge Event resulting from the Inherent Risks e.g., for personal injury, including death, (including injury caused during practice runs and while at the Venue) and/or from damage to, loss of, or theft of my or the Minor’s property during the Giant Challenge Event; and

2) any and all Claims of other participants, rescuers, and others arising from the Minor’s failure to comply with the Rules and/or the Minor’s reckless conduct during his/her participation in the Giant Challenge Event;

EXCEPT FOR Claims arising from either GC or the Released Parties’ liability for: (i) death or personal injury resulting from its negligence; (ii) breach of statutory duty; (ii) criminal acts; (iii) fraud; (iv) or any liability that cannot be excluded under applicable law.

The Limitation of Liability and Indemnity provisions in this Agreement shall survive the end of the Giant Challenge Event.

Venue and Jurisdiction: I understand that if legal action is brought in connection with this Agreement or its subject matter, the courts of England and Wales shall have the sole and exclusive jurisdiction over the action and that only the substantive laws of England and Wales shall apply.

Severability: I understand and agree 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.

Entire Agreement: This Agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire Agreement between me and GC relating to its subject matter, and cannot be modified or changed in any way by representations or statements by any agent or employee of GC. I agree that this Agreement may only be amended by a written document duly executed by GC and I on giving me at least 30 days written notice prior to the date of the Giant Challenge Event. If I do not agree to the amended terms of this Agreement I must let GC know in writing at least 7 days before the date of the Giant Challenge Event (“Refusal”) and I acknowledge that the Minor(s) shall not be permitted to enter the Giant Challenge Event. In these circumstances the entry fee that I have paid shall be refunded to me within 30 days of the date of my Refusal. If I do not send GC a Refusal I shall be deemed to have accepted the amended terms of this Agreement. For the purpose of this provision a reference to “writing” includes email.

Agreements for the Protection of Participating Minors

I confirm that the Minor is in good health and in proper physical condition to safely participate in the Giant Challenge Event. I confirm that the Minor has no known or knowable physical or mental conditions that would affect his/her ability to safely participate in the Giant Challenge Event, or that would result in his/her/ participation creating a risk of danger to the Minor or to others.

I confirm that I have not been advised or cautioned against allowing the Minor to participate in the Giant Challenge Event by any medical practitioner.

I understand that it is my responsibility to continuously monitor the Minor’s physical and mental condition during participation in the Giant Challenge Event, and I agree to withdraw the Minor immediately and to notify appropriate GC and/or Venue personnel if at any point his/her continued participation would create a risk of danger to the Minor or to others.

I authorise GC to secure emergency medical care or transportation for the Minor when deemed necessary by GC.

I acknowledge that GC has instituted its rules for the protection of everyone attending the Giant Challenge Event and the Giant Challenge event. I agree to familiarise myself with all of the Rules and to follow them throughout the Giant Challenge Event. I agree to also ensure that the Minor is familiar with such Rules and will follow them throughout the Giant Challenge Event. I agree that GC may stop or prevent the Minor’s participation in the Giant Challenge Event (and, if necessary, have me and the Minor removed from the Venue) if such participation, conduct, or presence endangers the Minor or any other person present at the Giant Challenge Event.

Emergency Delay or Cancellation: I acknowledge that GC at its sole discretion may delay, modify or cancel the Giant Challenge Event if conditions or natural or man-made emergencies make administering or holding the Giant Challenge Event unreasonably difficult or unsafe. I agree that “emergency” is defined to mean any event beyond the control of GC, including but not limited to: high wind, extreme rain, hurricane, tornado, earthquake, flood, terrorism, fire, threatened or actual strike, labour difficulty, insurrection, war, public disaster, and/or unavoidable casualty.

Refunds: I acknowledge that the Giant Challenge Event fee and associated costs (including optional product purchases, spectator tickets, and donations) are non-refundable, including in circumstances where I am unable to attend due to illness or injury or a scheduling conflict, unless:1)GC cancels or materially delays or alters the Giant Challenge Event; 2) GC makes a significant change to the Venue; or 3) GC changes the date of the Giant Challenge Event so that I am no longer able to attend. In circumstances (1), (2) or (3) above, GC may either (i) offer me the right to attend a different Giant Challenge Event in the UK at no additional charge; or (ii) issue me with a refund of the Giant Challenge Event fee that I have paid at GC’s sole discretion acting reasonably, and if I agree, that the Minor shall attend a different Giant Challenge event then I shall not be entitled to any refund, but if I do not agree for the Minor to attend any other Giant Challenge Event offered to me, then GC shall issue me a refund of the Giant Challenge Event fee that I have paid.

Attitude and Behavior: On the day of the Giant Challenge Event, I agree to, and I agree on behalf of the Minor to: (i) behave appropriately at all times; (ii) act respectfully towards all people, equipment, property and facilities; and (iii) participate with a cooperative and positive attitude.

SUA Operations: I and my minor(s) hereby elect to participate with the SUA (Small Unmanned Aircraft) flight operations. I understand the low risk inherent in the SUA flight operations.

Alcohol & Drugs: I agree that: 1) I will not be under the influence of alcohol or any non-prescription drugs during my attendance at the Giant Challenge Event; and 2) I shall not consume alcohol excessively or be under the influence of any illegal drugs at the after party on the day of the GC event. I agree to take full responsibility for any alcohol I consume at the GC event.

Data Protection and Marketing: I agree that: 1) in the case of an emergency GC and/or Venue personnel may use the emergency contact details I provided when I registered for the Giant Challenge Event; 2) should I or the Minor receive medical assistance at the Giant Challenge Event, data collected on an accident form will be held on GC’s database and shall be handled in accordance with the terms of the Data Protection Act 1998 (as amended from time to time) in accordance with GC’s privacy policy, which is available at www.giantchallenge.co.uk.; and 3) I agree that GC may share any data I and the Minor provide to it, including, but not limited to, personal data collected from me by registering online and the Minor’s name, to any of its group companies and group business contacts within and outside the European Economic Area for use in connection with the Giant Challenge Event (even where the country or territory in question is not identified as one that maintains adequate data protection standards). By giving GC my personal information, I expressly consent to GC’s collection, use and disclosure of such personal information as described in GC’s privacy policy which can be found at www.giantchallenge.co.uk. When I submit personal information to GC, GC may use my personal information to contact me, and GC may provide it to certain third parties for marketing or promotional purposes. I understand that I have the right to ask GC not to process my personal data for marketing purposes and that I may always opt-out of receiving future e-mail messages and newsletters from GC or request that my information be removed from GC’s website or corrected by emailing GC at data@giantchallenge.co.uk.

Specific Rules: I acknowledge and agree that on the day of the Giant Challenge Event: 1) the Minor and I shall not urinate or defecate outside of designated areas at the Venue; 2) I shall not bring any non-service animals to the Venue; 3) the Minor shall not use any non-medically necessary wheeled equipment during his/her participation in the course at the Giant Challenge Event; 4) the Minor and I shall not wear any clothing or use any props or equipment that may pose a risk to myself, other participants, spectators or personnel; and 5) the Minor and I shall abide by all instructions and directions of GC and Venue personnel and all GC and Venue rules and regulations.

Photography: I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me or my Minor captured during the Giant Challenge Event by GC, its affiliated entities, contractors, sponsors and/or the media (“Relevant Other Parties”) become the sole property of GC and/or the Relevant Other Parties (as applicable). I acknowledge that such photographs, motion pictures, recordings, and/or likenesses of me or the Minor may be edited disseminated, adapted, modified copied, used and/or exploited in whole or in part in all media and formats throughout the world in perpetuity for any legitimate commercial or non-commercial purpose, including but not limited to promoting, advertising, and marketing GC and events held by GC, without prior notice or compensation. I further understand that GC and the Relevant Other Parties have the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses. I also grant GC the permission to use my name and the Minor’s name in connection with its legitimate commercial and non-commercial purposes including but not limited to promoting, advertising, and marketing GC and events held by GC without prior notice or compensation.

Rules: I agree that the Minor’s participation in the Giant Challenge Event is subject to:

the terms of this Agreement;

the Rules;

all directions, instructions and decisions of GC and Venue personnel on the day of the Giant Challenge Event;

the Minor being accompanied at all times by my Parent/Guardian/an adult aged 18 or over at the Giant Challenge Event.

Parent/Guardian’s Agreement and Acknowledgment of Understanding: I confirm that I am the parent or legal guardian of each Minor named below and that I have read this Agreement and fully understand its terms. I understand that by assenting to this Agreement I am limiting my rights, including my right to sue. I further acknowledge that I am accepting the terms of this Agreement freely and voluntarily. I confirm that either I or an adult aged 18 or over will accompany the Minor as either a spectator or participant at the Giant Challenge Event.