Please read this entire Acknowledgment and Assumption of Risks & Release and Indemnity Agreement (hereafter “Form”) carefully before continuing with your entry and/or signing. The adult participant (those 18 yrs. of age or older), or the participant’s legal guardian (for the participant and on his/her behalf), if applicable, must sign this Form.

In consideration of the services of The Spectacle in allowing me to participate in this scheduled THE SPECTACLE competitive Event and related activities (collectively, the “Event”) and other activities, I acknowledge and agree as follows:

I declare, as a condition of entry into the Event, that I:

(a) am physically fit and healthy;

(b) have undertaken sufficient training for the Event;

(c) am not aware of any illness, injury, physical disability or impairment which may cause me injury or death during or as a consequence of my participation in the Event;

(d) will disclose to the Organiser any personal medical conditions which may affect myself or any other person;

(e) have sufficient knowledge, common sense, experience and will use sufficient appropriate equipment to participate in the Event in a manner which will be safe to myself and others;

(f) have reviewed the course description(s) and maps for the Event and will read the Event race rules and will attend any Event safety briefing held by Event officials;

(g) will comply with all mandatory gear requirements (as specified here) and all rules and directions of the Organiser and Event officials and acknowledges that this compliance is important to ensure the safety of all participants of the Event;

(h) acknowledge the Organiser will not be responsible for the security of any of my personal belongings at the Event.

The Event takes place indoors or outdoors and can include but not be limited to: warm-up exercises; competitive running, both in practice and in the Event; demo-ing (trying out) gear; participation in clinics, training, demonstrations or other games and activities, attendance at any activities, use of any equipment, facilities or premises and traveling in planes, vans, buses or other vehicles to and from activities (the Event and other activities collectively referred to in this Form as “activities” or “activity”). Activities may be scheduled or unscheduled, mandatory or optional, whether or not authorized and/or conducted by THE SPECTACLE structured or unstructured and include free time.

I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Form as “risks”) of these activities can cause injury, damage, death or other loss to participant or others. The following describes some, but not all of the inherent risks, as applicable to participant’s activities:

1. Risks in any competitive or athletic activity.

Training for, practicing or competing in running or other events, associated activities, and other conditioning involves frequent and repetitive use of the arms and legs, extreme fitness and endurance, and pushing the limits of the participant’s speed and abilities.

2. Risks present in an outdoor environment.

Participants may be subject to: high altitude or mountainous terrain; severe storms or bad weather such as lightning, strong winds, rain, hail, snow and ice; fast moving water bodies and currents; extremely hot or cold weather; stinging, venomous and/or disease carrying animals or insects and other natural or man-made hazards. Hazards (both on land and above and below water level) may not be marked or visible and weather is always unpredictable.

3. Risks involved in decision making and conduct.

These risks include the risk that a THE SPECTACLE 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 (and/or participant’s legal guardian) about one or more of the inherent risks of these activities.

4. Running risks.

These risks include the risk of colliding with objects or people (including co-participants or spectators), tripping or falling down or encountering other water/road/trail hazards.

5. Personal health and participation risks.

The risk that a participant’s mental, physical or emotional condition (including any use or abuse of alcohol or prescription or non-prescription drugs), whether disclosed or undisclosed, known or unknown, combined with participation in these activities could result in injury, damage, death or other loss. Although THE SPECTACLE may review participant’s medical information, submitted in the registration process, THE SPECTACLE cannot anticipate or eliminate risks or 2 complications posed by a participant’s mental, physical (including fitness level) or emotional condition. I have sufficient competence, knowledge, common sense, experience, survival skills and will use sufficient appropriate equipment to participate in the Event in a manner which will be safe to myself and others.

6. Risks connected with location.

Activity location may cause or contribute to delays or difficulties in communication, transportation, evacuation or medical care.

7. Risks associated with premises.

Ruts, holes, water sources, rocks, uneven ground or other conditions may exist in and around the activities.

8. Equipment risks.

The risk that equipment used in activities may be misused, or may break, fail or malfunction. Participant (and/or the participant’s legal guardian) assumes full responsibility for choosing appropriate equipment and for the fit and condition of the equipment. THE SPECTACLE requires use of safety gear which may prevent or lessen injuries in some instances; however, use of safety gear is not a guarantee of safety, and injury can occur even with the use of this gear.

9. Supervision and activities risks.

I understand that neither THE SPECTACLE nor its staff, representatives, volunteers, contractors or anyone associated with them will be supervising participant during the activities or at any time. Adult participant agrees he/she is solely responsible for his/her own well-being at all times; or, if applicable, a participant’s legal guardian agrees to take sole responsibility for participant’s supervision before, during and after the Event and other activities, including during free time and at all other times.

10. Risks regarding conduct.

The potential that participant, co-participant/s and/or third party/s may act in a negligent or intentional manner.

11. Drone risks.

I understand that unmanned aerial vehicles (“UAVs”, also known as “drones”) may be used at the Event for media or other purposes and accept the risk of a collision with, and any damage or injury relating to, any UAV.

12. Risk regarding criminal/terrorist activity.

The potential that third party/s may commit criminal acts or acts of terrorism.

13. These and other risks may result in participants:

Falling partway or falling to the ground; being struck; colliding with objects (e.g., a UAV), people or water body; vehicle collision or rollover; reacting to high altitudes, weather conditions or increased exertion; becoming lost or disoriented; suffering gastro-intestinal complications or allergic reactions or experiencing other problems. These and other circumstances may cause heat or cold related illnesses or conditions (including hypothermia, cold water immersion, frostbite, hyperthermia, or heat exhaustion/stroke); dehydration; hyponatremia; drowning; high altitude sickness; heart or lung complications; broken bones; paralysis or other permanent disability; mental or emotional trauma; concussions; sunburn or other burns or other injury, damage, death or loss -- before, during or even after the participant participates in the Event or other activities.

I understand and agree:

The minimum age requirements, as determined on race day for such race, are as follows: Trail 21km, sixteen (16) years or older; Trail 50 km, eighteen (18) years or older; Trail 100km, eighteen (18) years or older; Trail 100 mile, eighteen (18) years or older. The events with minimum and maximum age limits, as determined on race day for such race, are as follows: Under eighteen road mile, ten (10) – seventeen (17) years old; AWD Road Mile under eighteen (Athletes with a Disability), ten (10) – seventeen (17) years old. The events with maximum age limits, as determined on race day for such race, are as follows: Road 5km Youth, seventeen (17) or younger; Trail 10km Youth, seventeen (17) or younger. All other events do not have a lower or upper age limit and it is up to the participant’s discretion to determine whether they participate in the Event.

I will review all materials received, accurately complete and agree to the registration information, documents and process, and rules and policies. I will obey all rules and policies, which include the Event Competition Rules, including those available at the Event website, with any applicable exceptions of the applicable national federation, applicable race sanctioning body, the International Triathlon Union Competition Rules; and all information included in the Event-specific athlete briefing session, as each of the foregoing may be amended, from time to time; and all traffic laws.

I acknowledge that in order to participate in the Event, I may be required to be a current member of, or purchase a one-day license from, an applicable race sanctioning body.

I further understand and agree that I am responsible for obtaining and maintaining my own insurance coverage (including the costs of my repatriation after the Event if I am an international competitor);

By submitting this entry, I agree to be bound by and comply with the applicable anti-doping rules including, without limitation, all policies, procedures and/or other rules adopted by THE SPECTACLE (as may be amended from time to time and at any time), and the authority given under those rules. I also agree to be bound by the World Anti-Doping Code and associated International Standards, as issued by the World Anti-Doping Agency (e.g., the International Standard for Therapeutic Use Exemptions, the List of Prohibited Substances and Prohibited Methods, and the International Standard for Testing and Investigations). I acknowledge that I may also be bound by the rules of any applicable national federation, international federation, race sanctioning body, or anti-doping organization with authority over me;

My final acceptance and participation in the Event is contingent upon THE SPECTACLE’s receipt and review of all required information and forms, including this Form; I am fully capable of participating without causing harm to myself or others.

I further agree that participating in these activities requires extreme fitness and endurance, that I am solely responsible for my conditioning and fitness before, during and after the activities, and that I, in conjunction with my physician, am responsible for determining whether these activities are appropriate for me, before I participate;

I will immediately notify an Event official if I believe or become aware that the race course, facilities, or equipment or other aspects of the race areas to be used are unsafe;

THE SPECTACLE contracts with individuals or organizations that are independent contractors (not its employees or agents) to provide some of the Event services and to conduct some of the activities participants will engage in. I acknowledge that THE SPECTACLE does not supervise or control these independent contractors and is not legally liable or responsible for their conduct. In addition, activities take place on premises or at facilities not owned or controlled by THE SPECTACLE, and THE SPECTACLE does not oversee or take responsibility for any aspect or condition of these independent facilities or premises;

I consent to have my personal details provided to the official race photography company which may contact me via email to alert me of when photos from the Event are available on its website, and I consent to having my name and contact details stored in THE SPECTACLE’s and/or any of its affiliates’ or related parties’ database and consent to receive emails from THE SPECTACLE and/or any of its affiliates or related parties. I acknowledge that I am able to opt-out of these services at any time.

By signing this form, I agree to release and waive the liability of MEL for any: death; physical or mental injury of an individual (including the aggravation, acceleration or occurrence of such an injury of the individual); the contraction, aggravation or acceleration of a disease of an individual; or the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual that is or may be harmful or disadvantageous to the individual or community or that may result in harm or disadvantage to the individual or community, other than that which was caused by reckless conduct. The information provided in this Form is not exhaustive, other unknown or unanticipated activities, inherent or other risks and outcomes may exist, and THE SPECTACLE cannot assure my safety or eliminate any of the risks.

I understand I can and should consult THE SPECTACLE representatives if I have further questions about the activities or the associated risks; and I am voluntarily participating with knowledge of the risks. Therefore, I assume and accept full responsibility for myself, for the inherent and other risks (both known and unknown) of the activities, and for any injury, damage, death or other loss I may suffer, resulting from those risks, including but not limited to the risk of my, a co-participant’s, a Released Party’s, a spectator’s, a volunteer’s and/or a third party’s passive or active negligence or other misconduct.

Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights.

I hereby acknowledge and assume all of the risks of participating in the Event and agree as follows: to release and not to sue THE SPECTACLE, any applicable federation and/or race sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Parties”), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrolment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty.

I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, 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. The aforementioned exclusion of liability shall not apply to damages caused by wilful misconduct and gross negligence by THE SPECTACLE and to injuries to life, body or health due to intentional or gross negligent breach of duty by THE SPECTACLE or a person used to perform an obligation of THE SPECTACLE; to defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s 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 my enrolment or participation in the activities, including without limitation use of any equipment, facilities, or premises howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.

I understand and agree:

Any dispute or claim/s I may have arising out of, relating to or in connection with this Form, my enrolment or participation in the activities, or any other aspect of my relationship with THE SPECTACLE:

1)Will be governed by New Zealand law (without regard to its “conflict of law” rules) and 2) unless settled by direct discussions, will be determined by binding arbitration as the sole and final remedy for all matters in dispute, in accordance with then-applicable arbitration rules as interpreted and governed by an arbitrator knowledgeable in the field and in commercial matters, acceptable to both the participant and THE SPECTACLE (or, failing that, one nominated by AMINZ – Arbitrators’ & Mediators’ Institute of New Zealand, shall conduct the arbitration). Each such arbitration shall be conducted in accordance with and shall be subject to the provisions of the Arbitration Act of 1996 or any enactment passed in amendment or substitution thereof. Required Venue: I agree that any arbitration proceeding, or any suit or other proceeding must be filed, entered into and/or take place only in Auckland, New Zealand. If I am signing as the participant’s legal guardian, I have the legal authority to act for the participant and on their behalf. If my guardian status is challenged or found invalid, I will defend and indemnify the Released Parties, to the fullest extent allowed by law and per the provisions of this Form, just as if I were the participant’s lawful legal guardian. In regard to my relationship with THE SPECTACLE, I agree that the contents of this Form will take precedence over any other forms or contracts I may sign (for parties other than THE SPECTACLE) in connection with these activities.

In no event may I (or anyone else on my behalf) without the prior written consent of THE SPECTACLE, its assignees, or its designees: (a) use any intellectual property of THE SPECTACLE and/or its affiliates, and/or any words or marks that refer to, or are suggestive of, or confusingly similar to, the Event, any Event logo, Event name, Event location, Event date, or Event race distance (collectively, “Event IP”), or (b) sell, market, distribute, or produce any products, events, merchandise, websites, or services that are Event-branded, or branded or marked using (i) any Event logo, (ii) any Event name, (iii) any Event IP, or (iv) or any THE SPECTACLE IP. I authorize THE SPECTACLE staff, representatives or contractors to inspect any of the equipment I use (or intend to use) in connection with the Event, including but not limited to inspection of bicycles for concealment of any motor or other artificial accelerating mechanism, by any inspection method selected by THE SPECTACLE.

I authorize THE SPECTACLE staff, representatives, contractors or other medical personnel to obtain or provide medical care for me, to transport me to a medical facility, and to provide treatment (including but not limited to evacuation, hospitalization, blood transfusions, surgery and medications) they consider necessary for my health. I agree to pay all costs associated with that care and transportation. I agree to the release (to or by THE SPECTACLE, the race sanctioning body (if any), insurance carriers, other health care providers and their staff, representatives or contractors) of any medical information or records necessary for treatment, referral, billing or other purposes. THE SPECTACLE reserves the right, in its sole discretion, to dismiss any participant from the activities, to deny or revoke entry of any applicant at any time, and/or to disqualify any participant from the Event. If I am dismissed or depart for any reason, I agree I am responsible for all costs of early departure whether for medical reasons, dismissal, personal emergencies or otherwise. If my entry application is denied or revoked, I agree THE SPECTACLE is not responsible for costs incurred or damages suffered by me or my family in excess of the amount of the entry fee. In the event that THE SPECTACLE denies or disqualifies any participant from the Event (either before or during the Event), THE SPECTACLE will not refund any entry fees to that participant where the participant has misrepresented 6 his/her eligibility to participate in the Event at the time of entry or has breached any of the conditions of this Form.

I acknowledge and agree that THE SPECTACLE, in its sole discretion and without liability (whether for safety reasons, legal reasons, or any other reason), may:

(a) at any time, with or without notice, change or modify the race course, distances, routes, elevation, ascents, difficulty level, event date, event timings or any other race-course or Event aspect; or (b) delay or cancel the Event (or any leg(s) of the race) if it believes the conditions are unsafe or otherwise unsuitable for the Event or due to COVID related safety matters and restrictions. If the race course or Event is changed, modified, delayed, or cancelled for any reason, including but not limited to acts of God or the elements (including without limitation, wind, rough water, rain, hail, hurricane, tornado, earthquake), acts of terrorism, fire, threatened or actual strike, labour difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, pandemic (including COVID), race course conditions, or any other cause beyond the control of THE SPECTACLE, there will be no refund of THE SPECTACLE's entry fee or any other costs incurred in connection with the Event.

I grant to THE SPECTACLE, its affiliates, designees and assignees the right and permission to photograph, film, record and/or otherwise capture in any media the name, image, voice, written statement, photograph and/or visual likeness of me and/or my friends or family members (collectively “images”), during the race or related activities. I expressly grant THE SPECTACLE an irrevocable licence to use, copy, adapt, edit and sublicence the images without compensation, for any purpose in any media throughout the world in perpetuity, including but not limited to use in broadcasts, photographs, publications, podcasts, webcasts, motion pictures, brochures, CDs, DVDs, internet websites, social media platforms, television, and/or in any related commercial, informational, educational, advertising, or promotional materials. Where the images include my friends or family members, I warrant I have their authority to grant such rights to THE SPECTACLE on their behalf. I understand that all ownership and copyright rights in the published images will be owned by THE SPECTACLE, its assignees, or its designees, and I waive any inspection or approval rights.

I understand and agree that my name, bib number and race results will be available to the public during and after the Event. THE SPECTACLE may assign this Form to other entity/s or individual/s (“assignees”) at any time, and any such assignment will grant assignees the full rights and protections accorded in this Form, consistent with THE SPECTACLE’s and other Released Parties rights and protections under this Form.

If I sign this Form both online and on-site, I agree that the on-site version of this Form, as that version may be amended from the online version, will be binding and control. I also understand that I may also be required to sign a version of this Form on-site. This Form is effective in regard to participant’s enrolment or participation in the activities from the date signed through the completion of all activities, and this Form will remain in full force and effect following completion of all activities. This Form is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Form is deemed unlawful or unenforceable, it will not affect the enforceability of the remaining provisions, and those remaining provisions will continue in full force and effect.

All races:

• You must adhere to the volunteer’s and marshal’s instructions at all times.

• Only registered athletes are able to take part in the event.

• Your race number must be clearly visible and attached to the front of you at all times.

• The Race Director reserves the right to withdraw any competitor they feel is in distress and would not be capable of completing the event at any stage.

• You must keep to the course

• Headphones are highly discouraged as there may be emergency vehicles moving through the course. If headphones are worn, ensure that the volume is set at a level where surrounding sound can be heard.

• Please respect any private or public property adjacent to the race course both before and during the event (No sneaky toilet breaks on public or private land). Competitors must not, approach, or interfere with any stock.

• Remove all of your rubbish. If seen littering you will be disqualified, plus you are putting the future of the race in jeopardy.

• Staff and medical vehicles will be moving through the course during the race. Please be respectful of this and move out of the way as quickly as possible. Normal road rules apply throughout, please move to the left and let faster traffic pass on the right. Be courteous to all participants.

Running / Walking Events specific race rules:

• The use of running with poles is permitted for all trail runs.

Trail Specific Personal Safety

• You must attend or read the compulsory race briefing for your race. Briefings will be posted on the website and sent out by email prior to race day. There will also be a race day briefing immediately prior to the start that will include current weather and trail conditions.

• Each race has specific check point and finish line cut-off times. You must reach the check points and finish line by the specified time or officials will remove you from the course and you will show as DNF in the results.

• The event takes place in challenging terrain with many hazards underfoot. There is also limited mobile phone coverage in the Maitai valley. Remember you are the person primarily responsible for your own safety.

• You must carry the mandatory gear at all times, unless instructed otherwise by the Race Director. All competitors must carry the same minimum mandatory gear items so no one is disadvantaged. If you feel more comfortable carrying more than what is required in the mandatory gear list then please do.

• You should consume enough food and drink to get you through the event, either as snacks, energy gels or electrolyte drinks.

• If it’s a hot day, do not underestimate the amount of water you need for this race!

• There is limited cell phone reception on the course.

• Any concerns or complaints can be made to info@thespectacle.co.nz and will be treated with confidentiality.

• Weather conditions – The weather can close in at any time of the year in this region. You do not want to be stuck out there without sufficient warm gear if you are injured.

• Access – Many parts of the course are inaccessible by large vehicles so there is no quick way out of the area.

Trail Specific Course Safety

• Remain in control at all times, especially on the steep downhill sections.

• The Dun Mountain descent is steep and fast so be sure to watch your speed, normal road rules apply. If you are tired or uncertain of the descent you may wish to walk.

• River Crossings: There are numerous shallow creek & river crossings throughout the course, the most likely to get your feet wet will be the Browning Stream. Depending on recent rainfall, stream levels can vary. The shallowest spot to cross is generally downstream of the intersection. If you’re in any doubt or very tired, tread carefully as there may be loose slippery rocks. If heavy rain results in any rivers becoming uncrossable, an alternative high water route will be used over the last few kilometres. If required, marshals will direct competitors accordingly.

• We have a range of expert medical services throughout the course and at the finish line. If you require medical assistance or come across an accident please make your way to the nearest aid station or checkpoint and report the accident.

Accident Response

Given the number of competitors on the course relative to the number of support crew, it is likely that in an accident or emergency, you or a fellow competitor may reach that person before the support crews do. If so, you should proceed as follows:

1. FIRST ON SCENE:

If you are the first on the scene please stop and assist the injured/distressed competitor & gather as much information as possible.

2. NEXT ON SCENE:

Talk to first on scene then proceed to the nearest radio (Aid Station / Medic / 4WD / Tail End Charlie / some Marshalls) to report the situation (even if that means returning the way you came) so we can get expert help on the scene ASAP.

3. OTHERS ON SCENE:

Stop to see if any assistance can be offered and proceed if not.

If you assist please take a note of the time you spend assisting the injured person and we may be able to credit your final race time, after verifying it, of course!

The Race Director reserves the right to amend or add rules for safety or other reasons.