First Annual Bull RidingContest
Assumption of Risk, Waiver, and Release from Liability
I, the undersigned participant or parent/guardian of the undersigned participant in this riding bull contest (“Contest”), hereby stipulate and agree to abide by all Contest rules (including the Official Rules), to compete in a safe and reasonable manner, and to accept all judges’ rulings. I understand the associated risks inherent in riding a mechanical bull I certify that I am in good health and have consulted with qualified persons in the medical profession and obtained clearance for me to participant in this Contest. I agree to grant Sponsor a license to use my name, likeness, image, performance and interviews (including audio and/or video recordings of my participation in the Contest) before, during or after the Contest, in any and all media for purposes of promoting this Contest or others like it, or to support the Sponsor’s brand.
By signing below, I acknowledge and agree to this Assumption of Risk, Waiver, and Release from Liability (this “Agreement”).
By riding the mechanical bull, I accept any risks involved in participation, and all liability, and will hold harmless PDOP, their agents, owners, volunteers and all other person or entities acting in any capacity on their behalf for any damages to my property or injuries to my person. This includes, but is not limited to, damages or injuries incurred due to negligence, carelessness, or equipment failure. I hereby agree to release, indemnify, and discharge on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that riding a mechanical bull entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities to the activity.
The risks include, among other things: falling off or being thrown from the bull, which could result in musculoskeletal injuries including head, neck and back injuries.
Furthermore, PDOP staff/volunteers have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of equipment or facilities, including any such claims which allege negligent acts or omissions.
4. Should PDOP or anyone acting on their behalf be required to incur attorney’s fees and cost to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. Further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against PDOP I agree to do so solely in the State of Nevada, and I further agree that the substantive law of that state shall apply in that action without regards to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
7. I agree to abide by the safety instructions posted. I understand that riding involves a rotating, bucking motion that has risks that cannot by fully avoided due to the nature of the activity. These risks include, but are not limited to:
• Slipping or falling from the bull in an uncontrollable manner that results in physical injury.
• Bumping into, colliding, or otherwise making contact with walls, the floor, observers, the bull structure itself, or other objects in a manner that results in physical injury.
• Being struck by flying or falling objects of any kind.
• Injuries due to equipment failure, pieces of the bull structure dislodging, entanglement in footholds or handholds, and other mishaps related to the structure of the bull and related equipment.
• Injuries including but not limited to rope burns, broken teeth, eye injury, bruising, sprains, internal injuries, joint dislocation, bone breakage, full or partial paralysis, or death.
• If riding in an outdoor setting: inclement weather, sunburn, heat stroke, or dehydration.
• Experiencing anxiety, exhaustion, or other emotional and physical responses to the activity of bull-riding.
8. I acknowledge that I am not under the influence of alcohol or drugs, and that I do not have any pre-existing conditions that would put me at risk for riding. I understand that the operator is not responsible for determining your condition or ability.
9. I authorize PDOP to use pictures or videos of me or my child on the bull in promoting their riding bull operations.
By signing below, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived any right to maintain a lawsuit against PDOP on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Release, Indemnify, and Defend – I hereby release, waive, discharge, and hold harmless the Sponsor, and its respective parent companies, affiliates, subsidiaries, representatives, consultants, and contractors, and their respective officers, directors, employees, volunteers, representatives, designees and agents (hereafter jointly referred to as “the Released Parties”) from any and all claims, suits, liabilities, judgments, costs and expenses (“Claims”) for any property damage, property loss or theft, personal injury or illness, death or other loss arising from or relating to my participation in this Contest. I also agree to defend, indemnify and hold harmless the Released Parties from and against any Claims arising from or relating to my own acts or omissions in connection with my participation in this Contest.
Waiver – I waive any protections afforded by any statute or law in any jurisdiction whose purpose, substance, or effect is to provide that a general release shall not extend to claims which the person giving the release does not know or suspect to exist at the time of executing the release. This means, in part, that I am releasing unknown future claims. Representatives – I enter into this Agreement for myself, as well as for my heirs, assigns and legal representatives.
Consent for Emergency Treatment – I consent to medical treatment for emergencies that occur during or that are related to my participation in this Contest where I am unable to consent to such treatment. I understand the provisions of this Agreement apply to any treatment that might be provided to me under this Section.
Insurance – I understand that I may be solely responsible for any medical, health, or personal injury costs relating to my participation in this Contest.
Jurisdiction – This Agreement shall be governed in all respects by the laws of the State of Nevada. The parties agree to use the State of Nevada for Jurisdiction and the County of Franklin as Venue for any disputes between the parties related to this Agreement or the Contest.
Severability – If any term or provision of this Agreement is held to be illegal, invalid, or unenforceable, or the application thereof to any person or circumstance shall to any extent be illegal, invalid, or unenforceable under present or future laws effective during the term hereof which survive termination, then and in any such event, it is the express intention of the parties that the remainder of this Agreement, or the application of such term, clause, or provision other than to those as to which it is held illegal, invalid, or unenforceable, shall not be affected thereby, and each term, clause, or provision of this Agreement and the application thereof shall be legal, valid, and enforceable to the fullest extent permitted by law. I have read and fully understand this Assumption of Risk, Waiver, and Release from Liability and understand that it relates to surrendering and releasing valuable legal rights. I do so freely and voluntarily.
By signing below, I acknowledge and agree to this Assumption of Risk, Waiver, and Release from Liability (this “Agreement”).
By riding the mechanical bull, I accept any risks involved in participation, and all liability, and will hold harmless PDOP, their agents, owners, volunteers and all other person or entities acting in any capacity on their behalf for any damages to my property or injuries to my person. This includes, but is not limited to, damages or injuries incurred due to negligence, carelessness, or equipment failure. I hereby agree to release, indemnify, and discharge on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that riding a mechanical bull entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities to the activity.
The risks include, among other things: falling off or being thrown from the bull, which could result in musculoskeletal injuries including head, neck and back injuries.
Furthermore, PDOP staff/volunteers have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of equipment or facilities, including any such claims which allege negligent acts or omissions.
4. Should PDOP or anyone acting on their behalf be required to incur attorney’s fees and cost to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. Further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against PDOP I agree to do so solely in the State of Nevada, and I further agree that the substantive law of that state shall apply in that action without regards to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
7. I agree to abide by the safety instructions posted. I understand that riding involves a rotating, bucking motion that has risks that cannot by fully avoided due to the nature of the activity. These risks include, but are not limited to:
• Slipping or falling from the bull in an uncontrollable manner that results in physical injury.
• Bumping into, colliding, or otherwise making contact with walls, the floor, observers, the bull structure itself, or other objects in a manner that results in physical injury.
• Being struck by flying or falling objects of any kind.
• Injuries due to equipment failure, pieces of the bull structure dislodging, entanglement in footholds or handholds, and other mishaps related to the structure of the bull and related equipment.
• Injuries including but not limited to rope burns, broken teeth, eye injury, bruising, sprains, internal injuries, joint dislocation, bone breakage, full or partial paralysis, or death.
• If riding in an outdoor setting: inclement weather, sunburn, heat stroke, or dehydration.
• Experiencing anxiety, exhaustion, or other emotional and physical responses to the activity of bull-riding.
8. I acknowledge that I am not under the influence of alcohol or drugs, and that I do not have any pre-existing conditions that would put me at risk for riding. I understand that the operator is not responsible for determining your condition or ability.
9. I authorize PDOP to use pictures or videos of me or my child on the bull in promoting their riding bull operations.
By signing below, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived any right to maintain a lawsuit against PDOP on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Release, Indemnify, and Defend – I hereby release, waive, discharge, and hold harmless the Sponsor, and its respective parent companies, affiliates, subsidiaries, representatives, consultants, and contractors, and their respective officers, directors, employees, volunteers, representatives, designees and agents (hereafter jointly referred to as “the Released Parties”) from any and all claims, suits, liabilities, judgments, costs and expenses (“Claims”) for any property damage, property loss or theft, personal injury or illness, death or other loss arising from or relating to my participation in this Contest. I also agree to defend, indemnify and hold harmless the Released Parties from and against any Claims arising from or relating to my own acts or omissions in connection with my participation in this Contest.
Waiver – I waive any protections afforded by any statute or law in any jurisdiction whose purpose, substance, or effect is to provide that a general release shall not extend to claims which the person giving the release does not know or suspect to exist at the time of executing the release. This means, in part, that I am releasing unknown future claims. Representatives – I enter into this Agreement for myself, as well as for my heirs, assigns and legal representatives.
Consent for Emergency Treatment – I consent to medical treatment for emergencies that occur during or that are related to my participation in this Contest where I am unable to consent to such treatment. I understand the provisions of this Agreement apply to any treatment that might be provided to me under this Section.
Insurance – I understand that I may be solely responsible for any medical, health, or personal injury costs relating to my participation in this Contest.
Jurisdiction – This Agreement shall be governed in all respects by the laws of the State of Nevada. The parties agree to use the State of Nevada for Jurisdiction and the County of Franklin as Venue for any disputes between the parties related to this Agreement or the Contest.
Severability – If any term or provision of this Agreement is held to be illegal, invalid, or unenforceable, or the application thereof to any person or circumstance shall to any extent be illegal, invalid, or unenforceable under present or future laws effective during the term hereof which survive termination, then and in any such event, it is the express intention of the parties that the remainder of this Agreement, or the application of such term, clause, or provision other than to those as to which it is held illegal, invalid, or unenforceable, shall not be affected thereby, and each term, clause, or provision of this Agreement and the application thereof shall be legal, valid, and enforceable to the fullest extent permitted by law. I have read and fully understand this Assumption of Risk, Waiver, and Release from Liability and understand that it relates to surrendering and releasing valuable legal rights. I do so freely and voluntarily.