By indicating your acceptance, you understand, agree, warrant and covenant as follows:

Waiver and Release:

The undersigned, in consideration for Sub5 Race Management LLC allowing my participation in the Jay Peak Trail Running Festival acknowledge that my participation in the Jay Peak Trail Running Festival , run entails inherent risks such as death, injury and damage to property. Those risks include, but are not limited to, death, injuries and damages resulting from the following:

1. The negligence of Sub5 Race Management and its affiliated organizations which provide employees, goods or services and Jay Peak Resort in connection with the Jay Peak Trail Running Festival or their owners, employees, representatives, volunteers or agents; the negligence of guests, visitors or other persons who may be present at or participating in the Jay Peak Trail Running Festival ,; or the negligence of any applicable governmental entities;

2. Slips, trips, falls, crashes or other such accidents that occur while participating in the Jay Peak Trail Running Festival or which may be caused by other persons participation in the Jay Peak Trail Running Festival ; or

3. The negligence or lack of adequate training of Sub 5 Race Management or Jay Peak Trail Running Festival, employees, representatives, volunteers, or agents who seek to assist with medical or other help either before or after injuries have occurred.

I agree to release from all liability, discharge and promise not to take legal action against: (i) Sub 5 Race Management, and its affiliated organizations which provide employees, goods or services in connection with the Jay Peak Trail Running Festival , and their directors, owners, employees, representatives, volunteers or agents , (ii) any guest, visitor or other person present or participating in the Jay Peak Trail Running Festival ; (iii) any sponsor of the Jay Peak Trail Running Festival, their directors, owners, employees, representatives, volunteers or agents; or (iv) any applicable governmental entities, their directors, employees, representatives, volunteers or agents. I agree to release the aforementioned organizations and persons from any liability to me, my heirs, next of kin, assigns or personal representatives for any losses, damages, claims or demand arising out of my death, injuries or damages to property, even if their individual or collective negligence contributes to such death, injuries or damages.

Assumption of Risk:

I certify to Jay Peak Trail Running Festival , that I am eighteen (18) years of age or older, physically fit, have sufficiently trained for participating in the Jay Peak Trail Running Festival , and have not been advised against participating in the Jay Peak Trail Running Festival,or other similar activities by a qualified health professional. I freely and voluntarily assume complete personal responsibility for all risks and for my death or any injury or damage that may occur to me or my property as a result of these risks, even if such death, injury or damage occurs in a manner that is not foreseeable to me at this time. I realize that by voluntarily assuming the risks involved, I will be solely responsible for my death or any injury or damage that I sustain. I have read this Assumption of Risk thoroughly and understand the terms. My participation in the Jay Peak Trail Running Festival, and my execution of this Assumption of Risk are both purely voluntary and I elect to do so in spite of the risks. Moreover, I understand that Jay Peak Trail Running Festival, and/or those authorized by Jay Peak Trail Running Festival , will be taking photographs and making audio and video recordings of the Jay Peak Trail Running Festival , and its related events. I hereby irrevocably consent to and grant Jay Peak Trail Running Festival l, and/or anyone authorized by Jay Peak Trail Running Festival, the exclusive right to the ownership and use of (i) any and all photographs taken by Jay Peak Trail Running Festival , and/or those authorized by Jay Peak Trail Running Festival, that contain my image or likeness; (ii) any and all audio recordings made by , Jay Peak Trail Running Festival , and/or anyone authorized by Jay Peak Trail Running Festival, that contain my name or voice; and/ or (iii) any and all video recordings made by Jay Peak Trail Running Festival, and/or anyone authorized by Jay Peak Trail Running Festival, that contain my image, likeness, name or voice; for any lawful purpose whatsoever in connection with the Jay Peak Trail Running Festival, and its related events.



Sub 5 Race Management LLC Waiver

1. Limitation of Liability; Disclaimer of Warranties.

Sub 5 Race Management LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE Sub 5 Race Management LLC OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH Sub 5 Race Management LLC OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Sub 5 Race Management LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF Sub 5 Race Management LLC IS AT YOUR SOLE RISK. Sub 5 Race Management LLC IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Sub 5 Race Management LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.



Sub 5 Race Management LLC makes no warranty that the Sub 5 Race Management LLC services will be uninterrupted, secure or error free. Sub 5 Race Management LLC does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Sub 5 Race Management LLC sites. Sub 5 Race Management LLC is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Sub 5 Race Management LLC sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.



2 Indemnification. You agree to indemnify and hold each of Sub5 Race Management LLC harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys' fees, made by any third party due to or arising from or relating to your use of Sub 5 Race Management LLC or the violation of any term of this Agreement and Waiver.

3 Applicable Law; Consent to Jurisdiction. The Sub 5 Race Management LLC events (excluding linked sites) are controlled by Sub 5 Race Management from its offices within the State of New Hampshire, United States of America. By completing this event registration, both you and Sub 5 Race Management agree that the statutes and laws of the State of New Hampshire, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration, this Agreement and Waiver, the Terms of Use or other use of the Sub 5 Race Management LLC and its events. You agree that exclusive jurisdiction for any dispute with Sub 5 resides in the courts of the State of New Hampshire and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Hampshire in connection with any dispute including any claim involving Sub 5 or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.



4 Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the State of New Hampshire and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.



BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.