MODESTO 2016

IN CONSIDERATION of being permitted to compete, officiate, observe, work for, volunteer, or participate in any way in the activities and events (hereinafter collectively defined as "the ACTIVITIES") or for being permitted to enter for any purpose any RESTRICTED AREA (defined as any area requiring special authorization, credentials, or permission to enter or any area to which admission by the general public is restricted or prohibited), EACH OF THE UNDERSIGNED, for himself/herself, his/her personal representatives, heirs, and next of kin:

1. Acknowledges, agrees, and represents that he/she has or will immediately upon entering any of such RESTRICTED AREAS, and will continuously thereafter, inspect the RESTRICTED AREAS which he/she enters, and he/she further agrees and warrants that, if at any time, he/she is in or about RESTRICTED AREAS and he/she feels anything to be unsafe, he/she will immediately advise the officials of such and if necessary will leave the RESTRICTED AREAS and/or refuse to participate further in the ACTIVITIES.

2. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the promoters, participants, sanctioning organizations or any subdivision thereof, operators, owners, officials, rescue personnel, any persons in any RESTRICTED AREA, sponsors, advertisers, owners and lessees of premises used to conduct the ACTIVITIES, premises and event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or ACTIVITIES and each of them, their directors, officers, agents and employees, all for the purposes herein referred to as "Releasees," FROM ALL LIABILITY TO THE UNDERSIGNED, his/her personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

3. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and their insurance carrier, and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of or related to the ACTIVITIES WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

4. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the ACTIVITIES whether caused by the NEGLIGENCE OF THE RELEASEES or otherwise.

5. HEREBY acknowledges that THE ACTIVITIES ARE DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED, also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATORS OR PROCEDURES OF THE RELEASEES.

6. IF DESPITE THIS RELEASE, I OR ANYONE ON MY BEHALF MAKES A CLAIM AGAINST THE "RELEASEES", I AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES AND THEIR INSURANCE CARRIER, AND EACH OF THEM FROM ANY LITIGATION EXPENSES, ATTORNEYS FEES, LOSS, LIABILITY, DAMAGE, OR COSTS THEY MAY INCUR DUE TO THE CLAIM MADE AGAINST ANY OF THE "RELEASEES" NAMED ABOVE WHETHER THE CLAIM IS BASED ON THE NEGLIGENCE OF THE RELEASE OR OTHERWISE.

7. HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as board and inclusive as is permitted by the laws of the Province or State in which the EVENT(S) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

8. HEREBY understands and acknowledges that all fees and associated costs (including optional purchases and donations) paid in registration for this Eight51, Inc. event are NON-REFUNDABLE FOR ANY REASON, under any circumstances, including but not limited to injury, a scheduling conflict and/or event cancellation.

9. HEREBY understands that any and all photographs, motion pictures, recordings and/or likenesses of participants and spectators captured during the Eight51, Inc. event by Eight51, Inc. photographers, their affiliated entities or contractors and/or the media become the sole property of Eight51, Inc.. Each of THE UNDERSIGNED grants the right, permission and authority to Eight51, Inc. to use his/her name and any such photographs, motion pictures, videos, recordings and/or likenesses for any legitimate purpose, including, but not limited to promoting, advertising and marketing activities. THE UNDERSIGNED further understands that Eight51, Inc. has the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings and/or likenesses.

10. HEREBY acknowledges and understands that any online changes to registration, including but not limited to registration transfers, wave time changes and personal information, must be requested and all pertinent information must be received no later than 11:59 PM PST on Tuesday, 4 days prior to the event. Wave time changes may be made at event registration check-in as well. Registration transfers and deferments may be made on event day only if the ORIGINAL REGISTERED PARTICIPANT appears in person at the event and presents Valid ID.

Eight51, Inc. charges a Non-Refundable Administrative fee for Wave Time Changes, Registration Transfers and Registration Deferments. There is no charge for correcting errors related to spelling corrections, gender corrections, birthdate corrections and contact information updates. We reserve the right to refuse any changes for any reason. No changes of any kind can nor will be made between the online deadline and event day. Please see mudfactor.com/faq for more details.

11. HEREBY understands that creating or joining a team does not preclude nor override the registered wave time chosen on this form.

12. HEREBY understands that Eight51, Inc. may add wave times later in the day and/or expand/combine waves at event management’s discretion. Participants will be notified of wave time changes by the e-mail address registered with this form. Eight51, Inc. is not responsible for incorrect spellings in e-mail addresses. Eight51, Inc. is not responsible for e-mails that land in Spam or Trash folders.

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

Website Terms of Use

Mud Factor does not assume liability for damages as a result to the use of any service, product or any material found within this web site. This may include but is not limited to the use of the website system, any content or demonstrations accessed via this web site or any other site to which the web site may be linked to. We reserve the right to modify any material within this web site including but not limited to: product/ and service descriptions at any time without notice. The information posted is believed to be accurate and reliable at the time it was posted. We do not take responsibility for its use, nor for any infringements of rights and or patents of any third parties resulting from the use of the website. Links from third party websites from this site are provided solely as a convenience.

Security

Several methods of security are used including, encryption, firewalls and other technology and security procedures to help protect the accuracy and security of your personal information and prevent unauthorized access or improper use. For example, you will note that while using some features of the web site and online services, you will need to submit a password or some other type of authenticating information.

Privacy Statement

Your privacy is respected and we work hard to safeguard the privacy of your personal data. We realize that the Internet raises questions concerning the nature, use and confidentiality of information collected about consumers. We want you to know that we apply our long-standing commitment to safeguarding privacy to our Internet activities.

Personal Information

Your information is not shared and we do not disclose or sell any personally information (such as your name, address, telephone number or e-mail address) collected online on via the web site with other unaffiliated companies or organizations. In the future, should we decide to share such data with third parties for marketing, it will provide notification and the opportunity for its users to indicate whether they would prefer that the Company not provide such information about them to third parties. Because this information is a critical part of our business, it would be treated like our other assets in the context of a merger, sale or other corporate reorganization or legal proceeding.

How We Use Information

Information we collect is used principally to provide you with the service(s) and product(s) you have ordered and to let you know about other offerings which may be of interest to you. Postal and e-mail address information, for example, enables communication about services offered and ordered, as well as the proper provisioning and billing of those services.Information will be provided in response to subpoenas and other legal demands, and where we believe that disclosing this information is necessary to identify, contact or bring legal action against individuals who may be endangering public safety or interfering with property or services, or with our customers' or others' use of them.

How We Collect Information

Information is collected online by asking you for it, for example, when sign up for service. A customer's name, address (postal and e-mail) and telephone number are the most important pieces of information, but we might request other information, based on, for example, individual organization marketing services.

Password Protected/Secure Area Access

Accessibility and use of any password protected or secure areas of the website, is restricted to authorized users only. Unauthorized users that attempt to access any of these restricted areas of the website may be subject to prosecution.

Services Offered by Company

When you apply and register on the website you accept the terms and conditions that are applicable to that particular service. We do not warrant that that any service descriptions and/or content that is contained in the website is accurate, current, complete, reliable, or error-free.

Termination

Access may be terminated to the website along with any services with or without any cause, at any time. Any termination is to be accompanied by a written or electronic notice. We are not liable to you or any third party for service termination. Upon termination of any and all access to the website and services, your right to use the website and/or services is immediately revoked.

Internet Abuse

You are prohibited from engaging in any form of Internet or website abuse, including but not limited to the following:Distributing, publishing, or sending any kind of unsolicited or unwelcome email to any number of network users (commonly referred to as "junk mail" or "spam"), including, without limitation, mass promotions, unauthorized or unsolicited commercial advertising, and informational announcements, anywhere on the Internet. Posting a single article or substantially similar articles to an excessive number of newsgroups or mailing lists. Repeated or deliberate posting of articles that are off-topic according to the charter of the newsgroup or mail list where such articles are posted.Posting commercial advertising in a conference or newsgroup, unless it is specifically permitted to be posted within that group; or (e) violating the CAN-SPAM Act.

Refund Policy

Refund and Exchanges

This is the final cost after any coupon code has been applied.
*Absolutely NO REFUNDS once registration has been submitted.s.