PARTICIPANT WAIVER AND RELEASE OF LIABILITY,
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
For
and in consideration of USA Track & Field, Inc. (“USA Track &
Field”) allowing me, the undersigned, to participate in the USA Track
& Field sanctioned event described
above (the “Event” or
“Events”); I, for myself, and on behalf of my spouse, children,
guardians, heirs and next of kin, and any legal and personal
representatives, executors,
administrators, successors and assigns,
hereby agree to and make the following contractual representations
pursuant to this Waiver and Release of Liability, Assumption
of Risk and Indemnity Agreement (the “Agreement”);
1.
I hereby represent that (i) I am at least eighteen (18) years of age
(or this Agreement is agreed to by my parent, natural guardian, or legal
guardian (the “Guardian”));
(ii) I am in good health and in proper
physical condition to participate in the Event; and (iii) I am not under
the influence of alcohol or any illicit or prescription drugs
which
would in any way impair my ability to safely participate in the Event. I
agree that it is my sole responsibility to determine whether I am
sufficiently fit and healthy
enough to participate in the Event,
that I am responsible for my own safety and well-being at all times and
under all circumstances while at the Event site.
2. I understand and
acknowledge that participation in track & field, road running, race
walking, cross country, mountain, ultra, and trail running Events is
inherently
dangerous and represents an extreme test of a person’s
physical and mental limits. I understand and acknowledge 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”). I
understand that these Risks may be caused in whole or in part by my 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 I hereby
expressly assume all such Risks and
responsibility for any damages, liabilities, losses or expenses which I
incur as a result of my participation in any Event.
3. I agree 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 and any safety regulations established for
the benefit of all participants. I accept sole responsibility for my own
conduct and actions while participating in
the Event, and the condition and adequacy of my equipment.
4.
I hereby release, waive and covenant not to sue, and further agree to
indemnify, defend and hold harmless the following parties: USA Track
& Field, Inc., its members,
clubs, associations, sport
disciplines and divisions; United States Olympic Committee (USOC); the
event directors, the host organization and the facility, venue and
property
owners or operators upon which the Event takes place; and any other
organizers, promoters, sponsors, advertisers, coaches and officials for
this Event; law
enforcement agencies and other public entities
providing support for the Event; and each of their respective parent,
subsidiary and affiliated companies, officers,
directors, partners,
shareholders, members, agents, employees and volunteers (Individually
and collectively, the “Released Parties” or “Event Organizers”), with
respect
to any liability, claim(s), demand(s), cause(s) of action,
damage(s), loss or expense (including court costs and attorneys’ fees)
of any kind or nature (“Liability”) which
may arise out of, result
from, or relate in any way to my participation in the Event, including
claims for Liability caused in whole or in part by the negligent acts or
omissions of the Released Parties. I further agree that if, despite
this Agreement, I, or anyone on my behalf, makes a claim for Liability
against any of the Released
Parties, I will indemnify, defend and
hold harmless each of the Released Parties from any such Liabilities
which any may be incurred as the result of such claim.
5. As a
condition of my participation in the Event, I hereby grant USA Track
& Field, Inc., the event director and host organization a limited
license to use my name,
likeness, image, photograph, voice, video,
athletic performance, biographical and other information (collectively,
“Likeness”), in any media platform or format
whatsoever, and to
distribute, broadcast and exhibit these without charge, restriction or
liability, but only for the purposes of advertising or promoting the
Event, USATF,
or the sport of Athletics. The foregoing grant,
however, does not constitute consent for USATF or any third party to use
my Likeness in an endorsement of any product
or service without my specific written consent.
I
hereby warrant that I (or the Guardian, if I am under the age of 18) am
of legal age and competent to enter into this Agreement, that I have
read this Agreement carefully,
understand its terms and conditions,
acknowledge that I will be giving up substantial legal rights by signing
it (including the rights of my spouse, children, guardians, heirs
and
next of kin, and any legal and personal representatives, executors,
administrators, successors and assigns), acknowledge that I have signed
this Agreement without
any inducement, assurance or guarantee, and
intend for my signature to serve as confirmation of my complete and
unconditional acceptance of the terms, conditions and
provisions of
this Agreement. This Agreement represents the complete understanding
between the parties regarding these issues and no oral representations,
statements
or inducements have been made apart from this Agreement.
If any provision of this Agreement is held to be unlawful, void, or for
any reason unenforceable, then that
provision shall be deemed
severable from this Agreement and shall not affect the validity and
enforceability of any remaining provisions.
If the participant is
under the age of 18, the Guardian hereby agrees to release and discharge
the Released Parties as follows: a) The Guardian acknowledges and
understands
that the Event is inherently dangerous and represents an extreme test
of a person’s physical and mental limits. Further, the Guardian
acknowledges and
understands the Risks, as defined above. b) The
Guardian acknowledges the rights waived by both the Guardian and the
participant by accepting this Agreement. c) The
Guardian
acknowledges that the Guardian will indemnify the Released Parties from
any and all Liability which may arise out of, result from, or relate in
any way to the
participant’s participation in the Event, including
claims for Liability caused in whole or in part by the negligent acts or
omissions of the Released Parties.