Gorilla Trail Terms and Conditions
ASSUMPTION OF RISK & RELEASE OF CLAIMS AGREEMENT
(With Terms and Conditions)
I wish to participate in the Gorilla Trail (“Event”) conducted by Bitsport India Private Limited (“Bitsport”) on the dates of 20th July, 2024 at Avalahalli State Forest, Bangalore (“Event Location”). As a precondition to participating in the Event, I am required to accept the terms of this Assumption of Risk and Release of Claims Agreement (the “Agreement”).
I undertake that I have read the Agreement, understood the contents thereof and agree to the following terms unequivocally:
- Assumption of Risk: I understand and acknowledge that, the Event and the activities associated with it are an extreme test of the participant’s physical and mental limits and such poses foreseeable and unforeseeable inherent and other risks, hazards and dangers (collectively referred to in this Form as “risks”) that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, damage, permanent disability, paralysis, death other loss to participant or others. Some of the inherent risks include:
1.1 Risks involved in running and cycling in a forest trail.
These risks include risk of falling, concussion, fractures, heat stroke, other heat inflicted injuries, injuries resulting from interfering with/disturbing the wildlife, injuries involving acts of God, and the potential for permanent paralysis and death.
1.2 Risks involved in decision making and conduct.
These risks include the risk that an Organizer staff member, representative, volunteer, contractor or co-participant may misjudge a participant’s capabilities, health or physical condition, misjudge some aspect of instruction, medical treatment, weather, terrain, water level, or route location, or, that one of those persons may not warn participant about one or more of the inherent risks of these Activities.
1.3 Risks connected with Event location.
I understand that Event Location may cause or contribute to delays or difficulties in communication, transportation, evacuation or medical care.
1.4 Supervision and Activities risks.
I understand that neither Organizer nor its staff, representatives, volunteers, contractors or anyone associated with them will be supervising the participant during the Activities or at any time. The participant agrees he/she is solely responsible for his/her own well-being at all times; before, during and after the Event and other Activities, including during free time and at all other times.
1.5 Risks regarding conduct.
The potential that participant, co-participant/s and/or third party/s may act in a negligent or intentional manner.
Accordingly, I knowingly assume all known and unknown risks associated with the Event and assume full responsibility for my participation in the Event.
- Waiver of Claims: I agree that I will not bring any claim against Bitsport, its affiliates, its directors, officers and agents with respect to any and all injury, disability, death, or loss or damage to person or property, or any resulting costs, resulting directly or indirectly from my participation in the event and hereby release Bitsport its affiliates, its directors, officers and agents from any and all liabilities, claims, demands, actions, causes of actions, costs and expenses of any nature whatsoever arising out of all injury, disability, death, or loss or damage to person or property, arising from my participation in the Event, to the fullest extent permitted under law.
3. Warranty of Physical Fitness. I warrant that I am physically fit and in a condition that will allow me to participate fully in the Event. I understand Bitsport has not made, nor will make, any investigation into my physical fitness or ability to participate in the Event, and Bitsport is relying on my warranty of my physical condition. I assume full responsibility for the payment of medical expenses incurred as a result of my participation in the Event.
4. Release of Claims: I understand and agree to waive all claims I may have against Bitsport, its affiliates, its directors, officers and agents (“Released Parties”) and agree that neither I, nor my heirs assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death, or other loss I may suffer resulting from my participation in the Event and the activities.
5. Indemnity: I shall protect, defend, indemnify, and save the Released Parties harmless (“indemnify” meaning protect by reimbursement or payment, including attorney’s fees and expenses) with respect to any and all claims brought by or on behalf of me, my spouse, a family member, a co-participant, or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with THE RISKS OR my enrolment or participation in the EVENT OR THE activities, including without limitation use of any equipment, facilities, or premises, without limit and without regard to the cause or causes or negligence, whether passive or active, of the Released Parties, and/or any breach by the Released Parties of any legal duty.
- Terms and conditions: I declare that I have read and understood the terms and conditions under Annexure – I of this Agreement. Annexure – I forms a part and parcel of this agreement and I agree to be bound under these terms and conditions.
ANNEXURE – I
- Each participant will have to execute this Assumption of Risk and Release of Claims agreement. If you fail to notify your consent this agreement you cannot participate in the Event. Together these terms and the Assumption of Risk and Release of Claims agreement form the agreement between a participant and Bitsport.
- Each participant shall adhere with all rules of the Event as notified by Bitsport from time to time.
- Bitsport will not supply any safety equipment such as helmets, elbow/knee pads etc. Participants are expected to carry and use their own safety equipment. Bitsport will provide the facility to rent/purchase such safety equipment from third-party vendors at the Event Location.
- Bitsport reserves the right to revoke the registration of any participant if Bitsport determines, at its sole discretion, that such participant is not physically fit, capable or equipped to participate in the event and the participant will have to adhere to Bitsport’s decision. If the participant fails to adhere to Bitsport’s decision or goes ahead and participates in the Event, Bitsport or its employees, agents or affiliates will not be held liable or responsible for any adverse event.