Someone is going to die with this one. I mean, really?
I am just not tough enough for this...
Can any lawyers speak to this stuff? At what point will these things get shut down due to lawsuits?
They could add language stating AAA arbitration agreed to . . . and here you go, Googled a race waiver, and one of first things to come up is the Tough Mudder form, which includes this clause:
Mediation and Arbitration:
In the event of a legal issue, I agree to engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims arising out of my participation in the TM event shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. The cost of such action shall be shared equally by the parties.
^^oops! She actually only used a panty liner but it turned out to be a heavy day. Bet she doesn't make that mistake again.