General Release and Liability Waiver – Trail Hero
Registering for Trail Hero 2024 General Release - 09/28/2024 9:00 AM - 10/08/2024 11:30 PM
ASSUMPTION OF RISK, RELEASE AND LIABILITY WAIVER

This Event may involve serious risk of injury. I understand that by signing this form, I am giving up the right to sue if I am injured while participating in this event.

Important Notice
Rock Crawling, trail riding, and driving off-road is an inherently dangerous task. Each participant assumes that risk when he or she participates in the Trail Hero event. The risk of serious injury or death cannot be eliminated and, in fact, will always be present at a high level. Participants are urged to advise their spouses and next of kin, if any, of this fact. By participating, all participants, both passenger(s) and driver, agree to the following.
In consideration of being permitted to participate in any event sponsored, promoted, or directed by 3D Entertainment, INC. DBA Trail Hero, the participant for himself/herself, his/her personal representatives, heirs, and next of kin, hereby releases the entity, all land owners, and their respective officers, guides, directors, promoters, sponsors, employees, agents, government agencies and volunteers (“releasees”) of all liability to the participant, whether caused by negligent act or omission of releasees or otherwise, while the undersigned is for any purpose participating in such event. It is fully understood by each of the participants that there is some inherent risk associated with this event, including damage to vehicles and injury or death to the individual or others.
In addition, the Participant agrees to indemnify and hold harmless the releasees from any loss, liability, damage, or cost they incur due to such participation by the participant, whether caused by releasees’ negligence or otherwise, and agrees to assume full responsibility and risk for bodily injury, death, or property damage from releasees’ negligence or otherwise while the participant is participating in this event.
As lawful consideration for being permitted by 3D Entertainment, INC. DBA Trail Hero and/or any of its affiliated entities (collectively, “Trail Hero”) to participate in and/or attend (“Participate”) the Trail Hero 2024 General Release - 09/28/2024 9:00 AM - 10/08/2024 11:30 PM at Hurricane, UT, at Sand Hollow State Park and Sand Mountain OHV (together with all related activities, the “Event”), I agree to this Assumption of Risk, Release and Liability Waiver (“Release”) and to the following:

1. I Understand And Assume All Risk Involved In Participating In The Event. I, [FIRST NAME][LAST NAME], have knowledge of what the Event involves. I understand that the Event and related activities may be physically and mentally intense. I understand and accept that Participating in the Event may involve dangerous activities, the danger of encountering known and unknown risks, and significant risk of SERIOUS BODILY INJURY, illness, disability, emotional trauma, damage to property and/or DEATH (“Injuries”). I represent that I am physically fit, in good health, and have no physical or mental problems that might prevent me from safely participating in the Event, and I am sufficiently trained and experienced enough to understand the risks involved in the Event. I accept and assume full responsibility for all risks associated with the Event, from any cause including, without limitation, negligence, gross negligence, defective products, unknown obstacles, equipment malfunction, inadequate training, failure to supervise and failure to warn of potential risks. I understand that these risks may be caused by Trail Hero, other participants, myself, spectators or other third persons.
2. I Understand Trail Hero Can Disqualify And/Or Restrict My Participation. I agree to at all times maintain my behavior in accordance with all applicable laws and generally accepted social practices. I agree that Trail Hero has the right, in its sole discretion, to at any time disqualify, remove me from or restrict my participation in the Event or any related activities or decline to award me any prize or other benefit: (i) if my behavior is at any point disruptive, may or does cause damage to person, property or the reputation of Trail Hero, or violates any applicable laws or policies; (ii) if based on my past behavior, Trail Hero determines that I may be disruptive or cause damage to person, property or the reputation of Trail Hero; or (iii) for any lawful reason.
3. Liability Waiver, Release And Promise Not To Sue. I, (and, if applicable, my Parent as defined in the attached Parental Consent Form) on behalf of myself and each of my successors, heirs and assigns, unconditionally and irrevocably waive liability, release, promise never to sue, forever discharge and relinquish any and all rights, claims, demands, suits, actions, losses, damages, costs and expenses, including attorneys’ fees and costs (collectively, “Claims”), that I may incur or have against Trail Hero, its parent, affiliates, Event production companies, landowners/lessors (including but not limited to the State of Utah, the Utah Department of Transportation, the Bureau of Land Management, The United State Government, and the State of Utah School and Institutional Trust Lands Administration), agents, contractors of the Event locations, hosts, sponsors, advertisers and each of their respective owners, officers, shareholders, directors, employees, agents, board(s) of trustees and beneficiaries (“Released Parties”), arising from or related to my Participation in the Event, eligibility, receipt and/or use of any prizes, travel, awards or other benefits related to the Event, including, without limitation, any Claims arising from or related to: (i) the actions or omissions of any of the Released Parties, other participants, spectators or other third parties; (ii) the inadequacy of any training or supervision; (iii) failure to investigate, keep safe or to warn of hazards known or unknown; (iv) any defect in or failure of the operation, installation, manufacture, and/or design of any equipment, stage sets, or wardrobe; (v) the conditions on or about the Event premises; (vi) the breach of any implied or express warranty and/or representation of any of the Released Parties; (vii) transportation; (viii) weather conditions; and/or (ix) any other operations associated with the Event, and, with respect to each of the foregoing, whether based on tort (including, without limitation, acts of negligence and gross negligence), contract or any other theory of recovery in law or equity, whether for compensatory or punitive damages, equitable relief or otherwise, and whether now known or unknown, suspected or unsuspected (all of the foregoing shall be collectively referred to as the “Released Claims”).
4. Acknowledgments of COVID-19 and Other Risks. I fully understand that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19”) is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 and/or any other communicable disease in any place where people are present; (b) no precautions, including the protocols that will be implemented from time to time by the Released Parties and/or third parties (including, but not limited to, federal and state governmental agencies) (collectively, the “Protocols”), can eliminate the risk of exposure to COVID-19 and/or other communicable diseases; (c) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to public health authorities (i) people with certain underlying medical conditions are or may be especially vulnerable, including, but not limited to, people with chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease, compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sickle cell disease, and type 2 diabetes, and (ii) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to my spouse, family members, and other contacts; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition. I FULLY UNDERSTAND AND KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS RELATED TO MY PARTICIPATION IN THE EVENT, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO ILLNESS AND/OR ANY COMMUNICABLE DISEASE (INCLUDING, WITHOUT LIMITATION, COVID-19), PERSONAL INJURY, DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, WHICH MIGHT RESULT FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF MYSELF, ANY OF THE RELEASED PARTIES (AS DEFINED BELOW), OR OTHER THIRD PARTIES. I ACCEPT PERSONAL RESPONSIBILITY FOR ANY AND ALL DAMAGES, LIABILITY, AND OTHER LOSSES THAT I OR ANY OF MY RELATED PERSONS MAY INCUR IN CONNECTION WITH THE FOREGOING RISKS.


5. Waiver of Unknown Claims. I expressly waive whatever benefits I may have under Section 1542 of the California Civil code (and any equivalent applicable law of the State in which this document is signed) which provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH DEBTOR OR RELEASED PARTY.”
6. Indemnity. On behalf of myself and each of my successors, heirs, and assigns, I (and, if applicable, my Parent) agree to defend (at Trail Hero’s request), indemnify and hold harmless each of the Released Parties from and against any and all Released Claims, and any and all third parties’ Claims, arising from or in connection with: (a) any breach or alleged breach of this Release; (b) my Participation in the Event, including, without limitation: (i) any Injuries to me; (ii) any Injuries to third parties directly or indirectly arising from my Participation in the Event; and (iii) and any other loss or damage that I may directly or indirectly cause to any real or personal property.
7. Consent To Medical Care. I (and, if applicable, my Parent) authorize each of the Released Parties to call for medical care for me or to transport me to a medical facility at my expense if medical attention is needed. I (and, if applicable, my Parent) also authorize any physician or other medical provider or facility to provide any emergency medical/surgical care. I (and, if applicable, my Parent) acknowledge and agree that none of the Released Parties is under any legal obligation to render assistance to me.
8. TRAIL HERO OWNS THE EXCLUSIVE RIGHT TO USE MY NAME AND LIKENESS FROM THIS EVENT FOR COMMERCIAL AND NON-COMMERCIAL USE. I irrevocably grant to Trail Hero its parent, its affiliates, and each of their licensees, successors and assigns, and each of the authorized photographers and/or filmers acting on their behalf (“Trail Hero”), without additional compensation, the unrestricted right to videotape, film, portray and photograph me and my actions and record my voice and other sound effects while I am present at the Event. I irrevocably grant to Trail Hero the right to use my name, image, likeness, voice and biography for any purpose and in any manner, including, without limitation, in connection with the distribution, advertising, promotion, commercial tie-in or other ancillary exploitation of the Event, Trail Hero’s (and/or its affiliated companies’) products, and any programming related thereto, in whole or in part, in all media and by all means now known or hereafter devised and in all languages, throughout the universe in perpetuity. My Participation in the Event along with any pictures, video footage or other recordings I may capture while participating in practice for or competition during the Event, including, without limitation, any footage captured with a “POV” camera regardless of its origin (collectively, the “Proceeds,”), will be deemed a “work-made-for-hire” specially commissioned by Trail Hero within the meaning of all applicable laws and, accordingly, Trail Hero will be the sole and exclusive owner thereof for all purposes. To the extent necessary to vest all of the rights in the Proceeds in Trail Hero, I hereby irrevocably assign to Trail Hero all of my right, title and interest of every kind or nature which I may have or hereafter acquire in the Proceeds.
9. Personal Footage. I agree that during the Event, I will not wear a camera which is not supplied by Trail Hero unless specially approved by Trail Hero in advance. I reserve the right to refuse to wear a camera if I decide wearing one would hinder my performance. If I keep or receive any print, negative, tape or other copy of any of the Proceeds, I agree I will retain it for my personal use only, and will not license or authorize its use by anyone else for commercial or private purposes. Trail Hero may, in its sole discretion, provide me with certain still images or footage of my performance (including footage shot on any “POV” camera I may wear) (collectively, “Footage”) on the terms of a limited, non-exclusive and non-transferable license (“License”) to use such Footage strictly on my personal social media pages or accounts (e.g., YouTube, Vimeo, Instagram), subject to the following terms and conditions: (a) my use of the Footage will be at my own risk, and Trail Hero is not making any representations or warranties with respect to the Footage; (b) I will not use the POV Footage in any way that tends to disparage, denigrate, tarnish or reflect adversely on Trail Hero or Trail Hero’s events, athletes, and/or products; (c) I will not deface, blur, cover, remove, black out or otherwise alter any Trail Hero logos or marks that may appear in the POV Footage; (d) I acknowledge that this License and/or my use of the Footage does not affect Trail Hero’s continued ownership of the Footage, including all elements and components thereof and relating thereto; (e) I may not license, sell, or otherwise transfer the Footage or any elements therein to any third party (including, without limitation, to any of my sponsors) without written pre-approval by an authorized representative of Trail Hero; and (f) I acknowledge that this License is granted in a certain spirit of collaboration, and in the event Trail Hero reasonably believes that I have breached this License or that I am using the Footage in a way that violates that spirit, I agree that Trail Hero may terminate this License and I will cease all use of the Footage.
10. Performance Data. By Participating in this Event, I agree that Trail Hero may collect data about me and my performance, including my age, gender, height, weight, speed, heart rates, airtime, G-forces, positioning data and other demographic and/or physiological data (“Performance Data”), and that Trail Hero may store, process, use, analyze and share such Performance Data.
11. Arbitration. I (and, if applicable, my Parent) unconditionally and irrevocably agree on behalf of myself and each of my successors, heirs, and assigns that, all disputes arising out of or relating to this Release or to the Claims, including without limitation, all claims based in contract or tort, shall be submitted to arbitration and resolved by a single arbitrator (who shall be a retired judge) in accordance with the Commercial Arbitration Rules in accordance of the Utah State Law then in effect. In addition, all questions regarding the arbitrability of the dispute, including whether I have agreed to arbitrate the dispute, shall be decided by such arbitration. I acknowledge and understand that by agreeing to resolve any and all such disputes by arbitration, I am giving up and waiving my right to file a lawsuit in court and have such dispute(s) resolved by a judge or a jury. All arbitration shall take place in Hurricane, Utah. I irrevocably and unconditionally consent to personal jurisdiction in Utah and venue in Washington Country, in any action, including without limitation, petitions to compel arbitration and to enforce that arbitration award, concerning a dispute between the parties or relating to this Release. Judgment on the arbitrator's award shall be final and binding, and may be entered in any competent court.
12. Miscellaneous. This Release, including the Parental Consent, Assumption of Risk, Release Liability Waiver and Guarantee (“Parental Consent”) attached hereto, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to the principles of conflicts or choice of laws. This Release, including the Parental Consent attached hereto, will be binding to the fullest extent permitted by law, and will be binding upon each of my heirs, successors and assigns. If any provision of this Release, including the Parental Consent attached hereto, be held to be invalid, illegal or unenforceable, such provision will be curtailed and limited only to the minimum extent necessary to comply with applicable law, and the validity, legality, and enforceability of the remaining provisions of this Release will not in any way be affected or impaired thereby.

I acknowledge and understand that this Release is an important legal document, and by signing this document I am waiving substantial legal rights I may otherwise have to recover damages for Injuries or losses, and sign it voluntarily and without inducement of any nature and intend for it to be enforced to the greatest extent allowed by law.

Each participant acknowledges and represents the following while participating:
1 – That he or she has read the foregoing release and waiver of liability and indemnity agreement.
2 – That he or she does at all times, while riding in a vehicle participating in an event, wear his or her respective safety harness.
3 – That the owner/driver certifies that he or she has inspected this vehicle and that the same certifies it to be in proper mechanical condition for participation in off-road and rock crawl driving type events.
4 – That the owner/driver has informed himself/herself about the event, either by prior participation or by investigation into the event and especially Trail Hero.
5 – That the driver or any other person(s) in a vehicle participating in any Trail Hero event, may choose to bypass any obstacle and, therefore, assumes all risk and liability, as indicated above.

Please Be Aware:
Although safety is generally everyone’s concern and certainly the highest priority of Trail Hero, the ultimate responsibility rests on the participants. Participants can, at any time, choose to bypass any obstacle or area where they feel uncomfortable or unsafe driving.