For and in consideration of USA Track & Field, Inc.
(“USA Track & Field”); the University City Memorial Day Run, Inc.; the City
of University City; The University City Green Center; U City in Bloom; the
University Public Library; and the University Heights #1 subdivision allowing
me, the undersigned, to participate in the USA Track & Field sanctioned
University City Memorial Day Run (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 older; (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 road
running and race walking 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
Competitive 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.; the University
City Memorial Day Run, Inc.; the City of University City; The University City
Green Center; U City in Bloom; the University Public Library; and the
University Heights #1 subdivision its members, member clubs, associations,
sport disciplines and divisions; United States Olympic Committee (USOC); the
Event Directors, Organizers and Promoters, Sponsors, Advertisers, Coaches and
Officials; the Host Organization and the Facility, Venue and Property Owners or
Operators upon which the Event takes place; 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 reasonable 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.
I hereby warrant that I 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.