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