By indicating your acceptance, you understand, agree, warrant, and covenant as follows:
Release and Waiver of Liability Agreement: all participants in the REVEL Mt Charleston Marathon & Half and related events (“Race”) are required to assume all risk of participation in the Race by signing this release and waiver of liability agreement.
The undersigned athlete ("Athlete") on behalf of himself/herself and on behalf of the Athlete's personal representatives, assigns, heirs, executors, hereby fully and forever releases, waives, discharges and covenants not to sue Brooksee LLC, the City of Las Vegas and its elected officials employees, Las Vegas Metropolitan Police Department and its officers and employees, Nevada Highway Patrol and department of Public Safety, the Nevada Department of Transportation, the US Forest Service and Department of the Interior, the Bureau of Land Management, the United States Government, Clark County and its elected officials and employees, USATF, any agencies whose property and/or personnel are used for staging, course route and support, official race parking, or finish venue, and any other sponsoring or co-sponsoring companies, individuals, and volunteers related to the Race (collectively, "Releasees") from all liability to the Athlete and his/her personal representatives, assigns, heirs and executors, for all loss(es) or damage(s) and any and all claims or demands therefore, on account of injury to the Athlete or property or resulting in the death of the Athlete, whether caused by the active or passive negligence of all or any of the Releasees or otherwise, in connection with the Athlete's participation in the Race. The Athlete represents and warrants that he/she is in good physical condition and is able to safely participate in the Race. The Athlete is fully aware of the risks and hazards inherent in participating in the Race and hereby elects to voluntarily compete in the Race, knowing the risks associated with the Race, including, without limitation, weather conditions such as high heat and/or humidity, traffic and the condition of the road, all such risks being known and appreciated by the Athlete. The Athlete hereby assumes all risks of loss(es), damage(s), or injury(ies) that may be sustained by him/her while participating in the Race. The Athlete agrees to the use of his/her name and photograph in broadcasts, newspapers, brochures and other media without advance notice or compensation. In the event the Race is delayed or prevented by reason of fire, threatened or actual strike, labor difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, acts of God or the elements (including, without limitation, hurricanes, tornadoes and earthquakes), or any other cause beyond the control of Brooksee LLC, there shall be no refund of the entry fee or any other costs of the Athlete in connection with the Race. The Athlete hereby grants to the medical director(s) of the Race and his or her agents, affiliates and designees, access to all medical records (and physicians) as needed and authorizes medical treatment as needed. The Athlete warrants that all statements made herein are true and correct and understands that Releasees have relied on them in allowing the Athlete to participate in the Race. The athlete understands and acknowledges that participation in track & field, road running, race walking, cross country, mountain, ultra, trail running, and hand cycle or other mobility impaired Events is inherently dangerous and represents an extreme test of a person’s physical and mental limits. The athlete understands and acknowledges the risks and dangers associated with participation in the Event and sport of track & field and related activities, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course or track conditions; land, water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). The athlete understands that these Risks may be caused in whole or in part by his/her own actions or inactions, the actions or inactions of others participating in the Event, or the negligent acts or omissions of the Released Parties defined below, and hereby expressly assumes all such Risks and responsibility for any damages, liabilities, losses or expenses which he/she incurs as a result of his/her participation in any Event. The athlete agrees to be familiar with and to abide by the Rules and Regulations established for the Event, including but not limited to the Competition Rules adopted by USA Track & Field, U.S. Paralympics, and any safety regulations established for the benefit of all participants. The athlete accepts sole responsibility for his/her own conduct and actions while participating in the Event, and the condition and adequacy of his/her equipment.
2. WAIVER OF LIABILITY
The Athlete understands that participation in the event is potentially hazardous, and that a registered party should not participate unless they are medically able and properly trained. You understand that events may be held over public roads and facilities open to the public during the event and upon which hazards are to be expected. Participation carries with it certain inherent risks that cannot be eliminated completely ranging from minor injuries to catastrophic injuries including death. You understand and agree that in consideration of being permitted to participate in the event, you and any registered party, the heirs, personal representatives or assigns of you or the registered party do hereby release, waive, discharge and covenant not to sue Releasees for any and all liability from any and all claims arising from participation in the event by you or any registered party, including death, injury, property damage, and lost or stolen items. 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 your acceptance to be a complete and unconditional release of all liability to the greatest extent allowed by law.
3. Desert Tortoise Wavier
By accepting this wavier, individuals acknowledge, by signature, the receipt of information on the life history of the desert tortoise, it’s protected status, protocols for dealing with tortoises if and when they are encountered, and the definition of “take”.
4. Desert Tortoise Information
THE THREATENED DESERT TORTOISE
Important Precautions for vehicle operators and those using desert tortoise habitats:
Stay on existing roadways and trails, or designated routes.
Do not exceed 25 MPH, except during authorized events.
Check the ground beneath vehicles for tortoises before the vehicle is moved.
Watch for tortoises in the road or trail, particularly on rainy days. If you see a tortoise in the trail, either wait for it to move or carefully drive around it.
Stay at least 5 feet away from any tortoise encountered. When tortoises feel threatened, they often empty their bladder, resulting in the loss of body water. It does not rain often in the desert and the tortoise may not be able to replace this water for months.
Do not throw out scraps of food. Garbage may attract ravens which prey on young tortoises.
Handle tortoises carefully and only if authorized to do so* ! Tortoises can be injured and die from improper handling. Do not approach tortoises unless absolutely necessary, as your presence can induce stress in the animal. When you must approach a tortoise, move slowly and approach from the rear of the animal. Pick up the tortoise gently and keep it level at all times. When handling large tortoises, grasp the animal with both hands, one at each side of the animal. When moving tortoises long distances, a cardboard box should be used. All personnel handling tortoises must wear surgical-type gloves to inhibit the transmission of diseases among tortoises. Not more than one tortoise can
be handled with each pair of gloves. Upper Respiratory Disease Syndrome is not transmissible to humans.
Legal Status and Threats
The Mojave population of desert tortoise (Gopherus agassizii) located north and west of the Colorado River is Federally listed as a threatened species under the U.S. Endangered Species Act of 1973. This Act makes it illegal to harass, collect or harm tortoises. Civil penalties of up to $12,000 and criminal penalties of up to $25,000 and 6 months in prison may be assessed for each count. Nevada State law also affords protection to the desert tortoise.
The Endangered Species Act allows for individuals of an endangered or threatened species to be taken incidentally to an otherwise lawfully activity, as long as conditions of the U.S. Fish and Wildlife Service’s Biological Opinion are followed. “Take” includes harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, picking up or collecting or attempting to engage in any such conduct. Harm includes significant habitat modification or degradation that impacts a listed species by interfering with breeding, feeding or sheltering behavior.
The tortoise was listed because of direct losses and threats to tortoise populations and habitat. Desert tortoises are impacted by increased raven predation on juveniles, collection by humans, vandalism , losses on roads, off highway vehicle (OHV) activities and Upper Respiratory Disease Syndrome. Tortoise habitat is lost directly to urbanization, agriculture, road construction, military activities and other uses.
The tortoise occurs in southern Nevada, western California, southwestern Utah, western Arizona, and northwestern Mexico. In Nevada tortoises are found in creosote bush, cactus-shadscale, scrub and Joshua tree woodland habitats below 5000’ elevation.
Tortoise populations are patchily distributed and densities range from a few animals per square mile up to 200 per square mile. A tortoise will live in the same general area of less that one square mile during its life span of 50 to 100 years. This slow moving desert reptile ranges in size from 2 to 15 inches long and is soil colored. Tortoises can be very difficult to see because of their color, shape and behavior. Well adapted to their desert environment, tortoises spend up to 98% of their time in burrows they dig. Burrows are crescent shaped and are most often found at the base of bushes or in wash banks. A tortoise may excavate and use many burrows. Some burrows are used for only a short period of time while others may be used for years.
Tortoises usually spend part of each day above ground from March to October. Tortoises are especially active during warm days when it is overcast or raining. At these times, they seek water that collects in puddles. Water often puddles in ruts in roads, trails, and attract thirsty tortoises. Available drinking water is essential to tortoise survival. The diet of tortoises, which are vegetarians, includes a wide variety of plants.
There are several clues that can be used to tell male and female tortoises apart, however, only tortoises greater than seven inches long can be sexed reliably. Males tend to be larger than females, have a longer tail, longer upward curving gular horns, larger chin glands, and have a concave plastron (bottom portion of shell). Sexual maturity for tortoises occurs in March and April, and egg laying is from May to July. Clutches contain 1 to 14 eggs and a mature female may lay up to 3 clutches annually. The eggs are covered with soil and hatch after 80 to 130 days during August or September.
Predators are usually only a problem for young tortoises. Eggs are eaten by Gila monsters, foxes, coyotes, snakes and badgers. Predation is the greatest cause of mortality for hatchlings. The shell of juvenile tortoises does not harden for five or more years and young tortoises may fall prey to ravens, hawks and eagles, coyotes, foxes, bobcats, badgers, skunks, and feral dogs, and cats. While successful predation on adults is rare; coyotes, foxes bobcats, eagles, and feral dogs have been known to prey on tortoises. Habitat quality can affect predation in certain habitats.