ENTRY FEE JUST £10 IN ADVANCE (plus booking fee)
Open to anyone aged 16 and over
The process for signing up is simple - follow these two steps and you cant go wrong.
1. Purchase your ticket using the order form below (through The Ticket SELLERS)
2. Once your purchase is complete fill in the form below with your unique E Ticket Code given to you once payment is complete
1. Purchase your ticket using the order form below (through The Ticket SELLERS)
2. Once your purchase is complete fill in the form below with your unique E Ticket Code given to you once payment is complete
Prefer to sign up in person ? Attend one of the Deep Fitness Session for a sign up form or download one here
PARTICIPANTS AND PARENTS/GUARDIANS OF MINORS: READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
MINORS AGED 16 AND 17: YOU MAY ONLY PARTICIPATE IN THE DEEP FITNESS PURSUIT 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 INITIALED THIS AGREEMENT.
PARENTS/LEGAL GUARDIANS: IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR, THEN BY INITIALING THIS AGREEMENT YOU ARE CONSENTING TO THE TERMS OF THIS AGREEMENT AND YOU ARE AGREEING TO THE MINOR’S PARTICIPATION IN THE DEEP FITNESS PURSUIT 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 16 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 in the Deep Fitness Pursuit event and who is either aged 18 or over or is a Minor, and who has initialed this Agreement below;
“Inherent Risks” are described below in the paragraph headed “Assumption of Inherent Risks”;
“Minor” means the Participant in the Deep Fitness Pursuit event who has initialed this Agreement and who is aged 16 or 17 on the date of their initialing of this Agreement;
“Parent/Guardian” means the Minor's parent or legal guardian who has initialed this Agreement and is named below;
“Released Parties” are together Deep Fitness Pursuit 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 Deep Fitness Pursuit 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 Deep Fitness Pursuit or the Released Parties on my behalf;
Deep Fitness Pursuit is the 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 Deep Fitness Pursuit event takes place.
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 Parent/Guardian throughout this Agreement are only applicable if the Participant is a Minor.
Assumption of Inherent Risks: Deep Fitness Pursuit 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 course. The object is to complete the course. The Venue is part of the challenge and the Deep Fitness Pursuit event will usually be held in hostile environments that might include extreme heat or cold, snow, fire, mud, extreme changes in elevation and water. Some of the activities include runs, military style obstacles, going through pipes, traversing cargo nets, climbing walls, throwing or carrying or getting hit with heavy objects, and traversing muddy areas. In summary, the Deep Fitness Pursuit event is a hazardous activity that presents the ultimate physical and mental challenge to participants. I and Parent/Guardian acknowledge that the Deep Fitness Pursuit event is an extreme test of my physical and mental limits that carries with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely (without changing the challenging nature of the Deep Fitness Pursuit event) regardless of the care, measures and precautions taken by Deep Fitness Pursuit and are further described below (“Inherent Risks”). I and Parent/Guardian also understand that the Deep Fitness Pursuit event is an extremely strenuous event and that there are risks and dangers generally in taking part in such activities. I and Parent/Guardian understand that these hazards may be magnified due to the fact that the Deep Fitness Pursuit event is often conducted under what may be extreme conditions and circumstances.
I and Parent/Guardian 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) my encounter with Deep Fitness Pursuit event obstacles (e.g. natural and man-made water, road and surface obstacles, close proximity and/or contact with thick smoke and open flames, barbed wire, pipes, and electric shocks); 3) extremely challenging course conditions; 4) weather-related hazards (e.g. extreme heat, extreme cold, humidity, ice, rain, fog); 5) judgment and/or behaviour related problems by me during the event; 6) erratic or inappropriate behaviour by other participants and/or spectators; and 7) natural hazards (e.g. uneven terrain, rock falls, lightning strikes, earthquakes, wildlife attacks, contact with poisonous plants, marine life and/or ticks). Deep Fitness Pursuit will use reasonable care and skill to run the Deep Fitness Pursuit event and provide a Venue that is fit and suitable for the Deep Fitness Pursuit event taking into account the nature of the Inherent Risks.
I and Parent/Guardian 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 and Parent/Guardian understand that it is my and Parent/Guardian's responsibility to consult with my doctor (“GP”) prior to participating in the Deep Fitness Pursuit 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 or Parent/Guardian believe or become aware that any aspects of the Deep Fitness Pursuit event course, facilities or equipment are unsafe or pose unreasonable risks, I and Parent/Guardian agree to immediately notify appropriate DEEP FITNESS PURSUITL 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 and Parent/Guardian understand fully the Inherent Risks involved in the Deep Fitness Pursuit event and I assert that I am willingly and voluntarily participating in the Deep Fitness Pursuit event and Parent/Guardian asserts that he/she is willingly and voluntarily permitting his/her Minor's participation in the Deep Fitness Pursuit event. I and Parent/Guardian have read the preceding paragraphs and acknowledge that:
1) I and Parent/Guardian understand the nature of the Deep Fitness Pursuit event;
2) I and Parent/Guardian understand the demands of the activities at the Deep Fitness Pursuit event relative to my physical condition;
3) I and Parent/Guardian appreciate the potential impact of the types of injuries that may result from my participation in the DEEP FITNESS PURSUIT event;
4) I and Parent/Guardian hereby confirm that I and Parent/Guardian each knowingly assume all of the Inherent Risks of the DEEP FITNESS PURSUIT event; and
5) I and Parent/Guardian understand that Deep Fitness Pursuit recommends that I and Parent/Guardian check that I have health insurance to cover any injuries I may suffer as a result of participating in the DEEP FITNESS PURSUIT event.
Limitation of Liability: I and Parent/Guardian hereby forever waive, release, covenant not to Claim, and discharge DEEP FITNESS PURSUITL and the other Released Parties from any and all Claims arising out of my participation in the DEEP FITNESS PURSUIT event:
1) resulting from the Inherent Risks e.g. for personal injury (including death) including injury caused during practice runs, the DEEP FITNESS PURSUIT 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 DEEP FITNESS PURSUIT event;
EXCEPT THAT nothing in this Agreement shall limit or exclude either DEEP FITNESS PURSUITL 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.
Indemnity: I and Parent/Guardian hereby agree to reimburse DEEP FITNESS PURSUITL 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 DEEP FITNESS PURSUIT 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 DEEP FITNESS PURSUIT event; and 2) 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 DEEP FITNESS PURSUIT event;
EXCEPT FOR Claims arising from either DEEP FITNESS PURSUITL 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 DEEP FITNESS PURSUIT event.
Venue and Jurisdiction: I and Parent/Guardian 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 and Parent/Guardian 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 DEEP FITNESS PURSUITL relating to its subject matter, and cannot be modified or changed in any way by representations or statements by any agent or employee of DEEP FITNESS PURSUITL. I and Parent/Guardian each agree that this Agreement may only be amended by a written document duly executed by DEEP FITNESS PURSUITL on giving me at least 30 days written notice prior to the date of the DEEP FITNESS PURSUIT event. If I and Parent/Guardian do not agree to the amended terms of this Agreement I and Parent/Guardian must let DEEP FITNESS PURSUITL know in writing at least 7 days before the date of the DEEP FITNESS PURSUIT event (“Refusal”) and I and Parent/Guardian acknowledge that I shall not be permitted to take part in the DEEP FITNESS PURSUIT 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 and Parent/Guardian do not send DEEP FITNESS PURSUITL a Refusal I and Parent/Guardian 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 Parent/Guardian confirm that I am in good health and in proper physical condition to safely participate in the DEEP FITNESS PURSUIT event. I and Parent/Guardian confirm that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in the DEEP FITNESS PURSUIT event, or that would result in my participation creating a risk of danger to myself or to others.
• I and Parent/Guardian acknowledge that DEEP FITNESS PURSUITL recommends and encourages that I obtain medical clearance from my GP prior to my participation in the DEEP FITNESS PURSUIT event. I and Parent/Guardian confirm that neither I nor Parent/Guardian have been cautioned against me participating in the DEEP FITNESS PURSUIT event by any medical practitioner.
• I and Parent/Guardian understand it is my responsibility to continuously monitor my own physical and mental condition during the DEEP FITNESS PURSUIT event, and I and Parent/Guardian each agree to withdraw me immediately and to notify appropriate DEEP FITNESS PURSUITL 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 and Parent/Guardian authorise appropriate DEEP FITNESS PURSUITL personnel and emergency medical personnel at the DEEP FITNESS PURSUIT event to make emergency medical decisions on my behalf (including, but not limited to CPR and use of an Automated External Defibrillator). I and Parent/Guardian authorise DEEP FITNESS PURSUITL to secure emergency medical care or transportation for me when deemed necessary by DEEP FITNESS PURSUITL.
• I and Parent/Guardian acknowledge that DEEP FITNESS PURSUITL has instituted its rules for the protection of everyone attending the DEEP FITNESS PURSUIT event including its participants. I agree to familiarise myself with all Rules and to follow them throughout the DEEP FITNESS PURSUIT 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 DEEP FITNESS PURSUIT event. I and Parent/Guardian agree that DEEP FITNESS PURSUITL may stop or prevent my participation in the DEEP FITNESS PURSUIT 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 DEEP FITNESS PURSUIT event.
Removal from DEEP FITNESS PURSUIT event or Venue: I and Parent/Guardian acknowledge that DEEP FITNESS PURSUITL personnel and/or Venue personnel may prohibit or stop anyone from taking part in the DEEP FITNESS PURSUIT 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.
Alcohol & Drugs: I agree and Parent/Guardian agrees to ensure that: 1) I will not be under the influence of alcohol or any non-prescription drugs during my participation in the obstacle course at the DEEP FITNESS PURSUIT 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 DEEP FITNESS PURSUIT event.
Data Protection and Marketing: I and Parent/Guardian agree that: 1) in the case of an emergency DEEP FITNESS PURSUITL and/or Venue personnel may use the emergency contact details I provided when I registered for the DEEP FITNESS PURSUIT event;. When I submit personal information to DEEP FITNESS PURSUIT, DEEP FITNESS PURSUIT may use it to contact me, and DEEP FITNESS PURSUIT may provide it to certain third parties for marketing or promotional purposes. I that I have the right to ask DEEP FITNESS PURSUITL 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 DEEP FITNESS PURSUIT or request that my information be removed from DEEP FITNESS PURSUITL's website or corrected by emailing DEEP FITNESS PURSUITL
Specific Rules: I acknowledge and agree that on the day of the DEEP FITNESS PURSUIT event: 1) I shall not urinate or defecate outside of designated areas at the Venue; 2) I shall not bring any animals to the Venue; 3) I shall not use any wheeled equipment during my participation in the obstacle course at the DEEP FITNESS PURSUIT 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 and Parent/Guardian understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during the DEEP FITNESS PURSUIT event by DEEP FITNESS PURSUIT, its affiliated entities or contractors, and/or the media (“Relevant Other Parties”) become the sole property of DEEP FITNESS PURSUIT and/or the Relevant Other Parties (as applicable). I and Parent/Guardian 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 DEEP FITNESS PURSUIT and events held by DEEP FITNESS PURSUITL, without prior notice or compensation. I and Parent/Guardian further understand that DEEP FITNESS PURSUIT 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 and Parent/Guardian also grant DEEP FITNESS PURSUIT 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 DEEP FITNESS PURSUIT and events held by DEEP FITNESS PURSUIT without prior notice or compensation.
Rules: I and Parent/Guardian agree that my participation in the DEEP FITNESS PURSUIT event is subject to my compliance with: 1) the terms of this Agreement; 2) the Rules; 3) all directions, instructions and decisions of DEEP FITNESS PURSUIT and Venue Personnel on the day of the DEEP FITNESS PURSUIT event.
Age: I and Parent/Guardian confirm that I am aged 16 or over on the date that I am initialling 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 initialling this Agreement freely and voluntarily.
IF THE PARTICIPANT IS A MINOR (I.E. AGED 16 OR 17 ON THE DATE THEY INITIAL THIS AGREEMENT) THEN THEIR PARENT OR GUARDIAN MUST ALSO INITIAL 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 initialling this Agreement I am limiting my rights, including my right to sue. I further acknowledge that I am initialling 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 DEEP FITNESS PURSUIT event.
Refund: Refunds: I acknowledge that the Deep Fitness Pursuit 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) Deep Fitness Pursuit Limited cancels or materially delays or alters the Deep Fitness Pursuit event, 2) Deep Fitness Pursuit Limited makes a significant change to the Venue, or 3) Deep Fitness Pursuit Limited changes the date of the Deep Fitness Pursuit event so that I am no longer able to attend.
In circumstances (1), (2) or (3) above, Deep Fitness Pursuit Limited may offer me the right to attend a different Deep Fitness Pursuit event in the UK at no additional charge (and if I agree to this, I shall not be entitled to any refund). Alternatively Deep Fitness Pursuit Limited may issue me with a refund of my event fee at Deep Fitness Pursuit Limited’s sole discretion acting reasonably.
If I am unable to attend a Deep Fitness Pursuit event because I have been called to active military duty and I can provide official documentation regarding my deployment which conflicts with my participation in the Deep Fitness Pursuit event, Deep Fitness Pursuit Limited may (but is not obliged to) issue me with a refund of my event fee.
MINORS AGED 16 AND 17: YOU MAY ONLY PARTICIPATE IN THE DEEP FITNESS PURSUIT 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 INITIALED THIS AGREEMENT.
PARENTS/LEGAL GUARDIANS: IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR, THEN BY INITIALING THIS AGREEMENT YOU ARE CONSENTING TO THE TERMS OF THIS AGREEMENT AND YOU ARE AGREEING TO THE MINOR’S PARTICIPATION IN THE DEEP FITNESS PURSUIT 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 16 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 in the Deep Fitness Pursuit event and who is either aged 18 or over or is a Minor, and who has initialed this Agreement below;
“Inherent Risks” are described below in the paragraph headed “Assumption of Inherent Risks”;
“Minor” means the Participant in the Deep Fitness Pursuit event who has initialed this Agreement and who is aged 16 or 17 on the date of their initialing of this Agreement;
“Parent/Guardian” means the Minor's parent or legal guardian who has initialed this Agreement and is named below;
“Released Parties” are together Deep Fitness Pursuit 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 Deep Fitness Pursuit 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 Deep Fitness Pursuit or the Released Parties on my behalf;
Deep Fitness Pursuit is the 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 Deep Fitness Pursuit event takes place.
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 Parent/Guardian throughout this Agreement are only applicable if the Participant is a Minor.
Assumption of Inherent Risks: Deep Fitness Pursuit 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 course. The object is to complete the course. The Venue is part of the challenge and the Deep Fitness Pursuit event will usually be held in hostile environments that might include extreme heat or cold, snow, fire, mud, extreme changes in elevation and water. Some of the activities include runs, military style obstacles, going through pipes, traversing cargo nets, climbing walls, throwing or carrying or getting hit with heavy objects, and traversing muddy areas. In summary, the Deep Fitness Pursuit event is a hazardous activity that presents the ultimate physical and mental challenge to participants. I and Parent/Guardian acknowledge that the Deep Fitness Pursuit event is an extreme test of my physical and mental limits that carries with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely (without changing the challenging nature of the Deep Fitness Pursuit event) regardless of the care, measures and precautions taken by Deep Fitness Pursuit and are further described below (“Inherent Risks”). I and Parent/Guardian also understand that the Deep Fitness Pursuit event is an extremely strenuous event and that there are risks and dangers generally in taking part in such activities. I and Parent/Guardian understand that these hazards may be magnified due to the fact that the Deep Fitness Pursuit event is often conducted under what may be extreme conditions and circumstances.
I and Parent/Guardian 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) my encounter with Deep Fitness Pursuit event obstacles (e.g. natural and man-made water, road and surface obstacles, close proximity and/or contact with thick smoke and open flames, barbed wire, pipes, and electric shocks); 3) extremely challenging course conditions; 4) weather-related hazards (e.g. extreme heat, extreme cold, humidity, ice, rain, fog); 5) judgment and/or behaviour related problems by me during the event; 6) erratic or inappropriate behaviour by other participants and/or spectators; and 7) natural hazards (e.g. uneven terrain, rock falls, lightning strikes, earthquakes, wildlife attacks, contact with poisonous plants, marine life and/or ticks). Deep Fitness Pursuit will use reasonable care and skill to run the Deep Fitness Pursuit event and provide a Venue that is fit and suitable for the Deep Fitness Pursuit event taking into account the nature of the Inherent Risks.
I and Parent/Guardian 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 and Parent/Guardian understand that it is my and Parent/Guardian's responsibility to consult with my doctor (“GP”) prior to participating in the Deep Fitness Pursuit 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 or Parent/Guardian believe or become aware that any aspects of the Deep Fitness Pursuit event course, facilities or equipment are unsafe or pose unreasonable risks, I and Parent/Guardian agree to immediately notify appropriate DEEP FITNESS PURSUITL 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 and Parent/Guardian understand fully the Inherent Risks involved in the Deep Fitness Pursuit event and I assert that I am willingly and voluntarily participating in the Deep Fitness Pursuit event and Parent/Guardian asserts that he/she is willingly and voluntarily permitting his/her Minor's participation in the Deep Fitness Pursuit event. I and Parent/Guardian have read the preceding paragraphs and acknowledge that:
1) I and Parent/Guardian understand the nature of the Deep Fitness Pursuit event;
2) I and Parent/Guardian understand the demands of the activities at the Deep Fitness Pursuit event relative to my physical condition;
3) I and Parent/Guardian appreciate the potential impact of the types of injuries that may result from my participation in the DEEP FITNESS PURSUIT event;
4) I and Parent/Guardian hereby confirm that I and Parent/Guardian each knowingly assume all of the Inherent Risks of the DEEP FITNESS PURSUIT event; and
5) I and Parent/Guardian understand that Deep Fitness Pursuit recommends that I and Parent/Guardian check that I have health insurance to cover any injuries I may suffer as a result of participating in the DEEP FITNESS PURSUIT event.
Limitation of Liability: I and Parent/Guardian hereby forever waive, release, covenant not to Claim, and discharge DEEP FITNESS PURSUITL and the other Released Parties from any and all Claims arising out of my participation in the DEEP FITNESS PURSUIT event:
1) resulting from the Inherent Risks e.g. for personal injury (including death) including injury caused during practice runs, the DEEP FITNESS PURSUIT 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 DEEP FITNESS PURSUIT event;
EXCEPT THAT nothing in this Agreement shall limit or exclude either DEEP FITNESS PURSUITL 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.
Indemnity: I and Parent/Guardian hereby agree to reimburse DEEP FITNESS PURSUITL 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 DEEP FITNESS PURSUIT 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 DEEP FITNESS PURSUIT event; and 2) 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 DEEP FITNESS PURSUIT event;
EXCEPT FOR Claims arising from either DEEP FITNESS PURSUITL 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 DEEP FITNESS PURSUIT event.
Venue and Jurisdiction: I and Parent/Guardian 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 and Parent/Guardian 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 DEEP FITNESS PURSUITL relating to its subject matter, and cannot be modified or changed in any way by representations or statements by any agent or employee of DEEP FITNESS PURSUITL. I and Parent/Guardian each agree that this Agreement may only be amended by a written document duly executed by DEEP FITNESS PURSUITL on giving me at least 30 days written notice prior to the date of the DEEP FITNESS PURSUIT event. If I and Parent/Guardian do not agree to the amended terms of this Agreement I and Parent/Guardian must let DEEP FITNESS PURSUITL know in writing at least 7 days before the date of the DEEP FITNESS PURSUIT event (“Refusal”) and I and Parent/Guardian acknowledge that I shall not be permitted to take part in the DEEP FITNESS PURSUIT 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 and Parent/Guardian do not send DEEP FITNESS PURSUITL a Refusal I and Parent/Guardian 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 Parent/Guardian confirm that I am in good health and in proper physical condition to safely participate in the DEEP FITNESS PURSUIT event. I and Parent/Guardian confirm that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in the DEEP FITNESS PURSUIT event, or that would result in my participation creating a risk of danger to myself or to others.
• I and Parent/Guardian acknowledge that DEEP FITNESS PURSUITL recommends and encourages that I obtain medical clearance from my GP prior to my participation in the DEEP FITNESS PURSUIT event. I and Parent/Guardian confirm that neither I nor Parent/Guardian have been cautioned against me participating in the DEEP FITNESS PURSUIT event by any medical practitioner.
• I and Parent/Guardian understand it is my responsibility to continuously monitor my own physical and mental condition during the DEEP FITNESS PURSUIT event, and I and Parent/Guardian each agree to withdraw me immediately and to notify appropriate DEEP FITNESS PURSUITL 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 and Parent/Guardian authorise appropriate DEEP FITNESS PURSUITL personnel and emergency medical personnel at the DEEP FITNESS PURSUIT event to make emergency medical decisions on my behalf (including, but not limited to CPR and use of an Automated External Defibrillator). I and Parent/Guardian authorise DEEP FITNESS PURSUITL to secure emergency medical care or transportation for me when deemed necessary by DEEP FITNESS PURSUITL.
• I and Parent/Guardian acknowledge that DEEP FITNESS PURSUITL has instituted its rules for the protection of everyone attending the DEEP FITNESS PURSUIT event including its participants. I agree to familiarise myself with all Rules and to follow them throughout the DEEP FITNESS PURSUIT 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 DEEP FITNESS PURSUIT event. I and Parent/Guardian agree that DEEP FITNESS PURSUITL may stop or prevent my participation in the DEEP FITNESS PURSUIT 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 DEEP FITNESS PURSUIT event.
Removal from DEEP FITNESS PURSUIT event or Venue: I and Parent/Guardian acknowledge that DEEP FITNESS PURSUITL personnel and/or Venue personnel may prohibit or stop anyone from taking part in the DEEP FITNESS PURSUIT 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.
Alcohol & Drugs: I agree and Parent/Guardian agrees to ensure that: 1) I will not be under the influence of alcohol or any non-prescription drugs during my participation in the obstacle course at the DEEP FITNESS PURSUIT 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 DEEP FITNESS PURSUIT event.
Data Protection and Marketing: I and Parent/Guardian agree that: 1) in the case of an emergency DEEP FITNESS PURSUITL and/or Venue personnel may use the emergency contact details I provided when I registered for the DEEP FITNESS PURSUIT event;. When I submit personal information to DEEP FITNESS PURSUIT, DEEP FITNESS PURSUIT may use it to contact me, and DEEP FITNESS PURSUIT may provide it to certain third parties for marketing or promotional purposes. I that I have the right to ask DEEP FITNESS PURSUITL 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 DEEP FITNESS PURSUIT or request that my information be removed from DEEP FITNESS PURSUITL's website or corrected by emailing DEEP FITNESS PURSUITL
Specific Rules: I acknowledge and agree that on the day of the DEEP FITNESS PURSUIT event: 1) I shall not urinate or defecate outside of designated areas at the Venue; 2) I shall not bring any animals to the Venue; 3) I shall not use any wheeled equipment during my participation in the obstacle course at the DEEP FITNESS PURSUIT 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 and Parent/Guardian understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during the DEEP FITNESS PURSUIT event by DEEP FITNESS PURSUIT, its affiliated entities or contractors, and/or the media (“Relevant Other Parties”) become the sole property of DEEP FITNESS PURSUIT and/or the Relevant Other Parties (as applicable). I and Parent/Guardian 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 DEEP FITNESS PURSUIT and events held by DEEP FITNESS PURSUITL, without prior notice or compensation. I and Parent/Guardian further understand that DEEP FITNESS PURSUIT 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 and Parent/Guardian also grant DEEP FITNESS PURSUIT 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 DEEP FITNESS PURSUIT and events held by DEEP FITNESS PURSUIT without prior notice or compensation.
Rules: I and Parent/Guardian agree that my participation in the DEEP FITNESS PURSUIT event is subject to my compliance with: 1) the terms of this Agreement; 2) the Rules; 3) all directions, instructions and decisions of DEEP FITNESS PURSUIT and Venue Personnel on the day of the DEEP FITNESS PURSUIT event.
Age: I and Parent/Guardian confirm that I am aged 16 or over on the date that I am initialling 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 initialling this Agreement freely and voluntarily.
IF THE PARTICIPANT IS A MINOR (I.E. AGED 16 OR 17 ON THE DATE THEY INITIAL THIS AGREEMENT) THEN THEIR PARENT OR GUARDIAN MUST ALSO INITIAL 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 initialling this Agreement I am limiting my rights, including my right to sue. I further acknowledge that I am initialling 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 DEEP FITNESS PURSUIT event.
Refund: Refunds: I acknowledge that the Deep Fitness Pursuit 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) Deep Fitness Pursuit Limited cancels or materially delays or alters the Deep Fitness Pursuit event, 2) Deep Fitness Pursuit Limited makes a significant change to the Venue, or 3) Deep Fitness Pursuit Limited changes the date of the Deep Fitness Pursuit event so that I am no longer able to attend.
In circumstances (1), (2) or (3) above, Deep Fitness Pursuit Limited may offer me the right to attend a different Deep Fitness Pursuit event in the UK at no additional charge (and if I agree to this, I shall not be entitled to any refund). Alternatively Deep Fitness Pursuit Limited may issue me with a refund of my event fee at Deep Fitness Pursuit Limited’s sole discretion acting reasonably.
If I am unable to attend a Deep Fitness Pursuit event because I have been called to active military duty and I can provide official documentation regarding my deployment which conflicts with my participation in the Deep Fitness Pursuit event, Deep Fitness Pursuit Limited may (but is not obliged to) issue me with a refund of my event fee.