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”);
- 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.
- 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 man made
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.
- 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.
- 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, 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.
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.
Having
read this waiver and knowing these facts and in consideration of your
accepting my entry, I, as a Guardian, for myself and anyone entitled
to act on my behalf, waive and release the race director and other
race officials, City of Saint Charles, Big River Race Management, Big
River Running Company, Department of Energy (DOE), USAT &F,
Missouri Conservation, Stoller Newport News, Chandler Hill Vineyards
and all sponsors, their representatives and successors from all
claims of any kind arising out of my participation in this event,
even though that liability may arise out of negligence or
carelessness on the part of the persons named in this waiver. This is
binding upon my heirs, executors, and administrators. I also
understand that my picture may be used in the promotion of this
event.