STATESMAN CAP10K WAIVER AND RELEASE OF LIABILITY
1. In order to participate in the 2016 Austin American-Statesman Cap10k (“Cap10k”), the I (the Participant and, if the Participant is under the age of 18, the parent or legal guardian of the Participant, collectively “I”), on behalf of myself, any minor Participant identified below, and any representatives, heirs, and next of kin, hereby acknowledge and agree to the conditions of participation identified in this Waiver and Release of Liability.
2. By participating in the Cap10k, I accept and agree to comply with the terms of this Waiver and Release of Liability and certify that the information provided below is complete and accurate.
3. I also agree to abide by the Statesman Cap10k Participation Guidelines and the decisions of any event official, and acknowledge that the race committee may refuse, in its sole reasonable discretion, to permit any entry to the Cap 10k.
4. I acknowledge and understand that participation in the Cap10k could result in serious injury, illness, or death, and that I should not participate unless medically able and properly trained.
5. I ASSUME ALL RISKS ASSOCIATED WITH THE MY PARTICIPATION IN THE CAP10K, INCLUDING, BUT NOT LIMITED TO, FALLS, CONTACT WITH OTHER PARTICIPANTS, THE EFFECTS OF WEATHER (INCLUDING HEAT AND HUMIDITY), TRAFFIC, AND THE CONDITIONS OF THE COURSE, ALL SUCH RISKS BEING KNOWN AND APPRECIATED BY ME.
6. HAVING READ THIS WAIVER AND KNOWING THESE FACTS, AND IN CONSIDERATION OF ACCEPTANCE OF MY ENTRY INTO THE CAP10K, I WAIVE AND RELEASE THE AUSTIN AMERICAN-STATESMAN, AND ANY OTHER INDIVIDUALS, FIRMS, AND ORGANIZATIONS ASSOCIATED WITH THE RACE, THEIR REPRESENTATIVES, AND SUCCESSORS, FROM ALL CLAIMS OF LIABILITIES OF ANY KIND RESULTING IN WHOLE OR IN PART FROM MY PARTICIPATION IN THE 2016 CAP10K OR THE ACTS OR OMISSIONS BY ANY ORGANIZATION, FIRM, OR INDIVIDUAL THAT TAKE PLACE IN CONNECTION WITH THE 2016 CAP10K. This waiver is binding on My heirs, legatees, administers, and assigns.
7. In the event of an emergency or injury, I grant permission to officials of the Cap10k to provide onsite medical treatment and, if deemed necessary by the Cap10k or its officials, to transport Me to a hospital emergency room for medical or surgical treatment. The Cap10k will take reasonable actions to attempt to contact, as appropriate, the emergency contact designated below.
8. I give full authorization to the Cap10k and its medical staff, employees, agents, and/or subcontractors to secure medical care or treatment for Me. This treatment may include assistance from approved and licensed medical staff providing medical care at the race, or the nearest physician, hospital, trained nurse, or EMT in the event of illness or injury that requires immediate attention, as determined by the Cap10k staff. In the event that I become unconscious or unable to communicate, and an emergency or injury has occurred, I give permission to the treating medical institution and/or medical providers to hospitalize and administer the appropriate treatment deemed medically necessary.
9. I grant to the Cap10k and its medical staff and designees access to My medical records and physicians, as well as other information relating to medical care that may be administered to Me due to My in the Cap10k.
10. I acknowledge and agree that I am solely responsible for any and all costs associated with the transport, medical care, and treatment that may arise from events that transpire during My participation in the Cap10k. I authorize the Cap10k to provide My contact information to any medical service provider seeking such payment.
11. I acknowledge and agree that My entry fee is non-refundable. I further acknowledge and agree that if the race is cancelled by the Cap10k, the race has no obligation for any expenses that I may incur pertaining to My planned participation, whether for travel, lodging, meals, or any other matter. I agree that any legal claim or dispute arising out of or in any way relating to My participation in the Cap10k will be governed by the laws of Texas and will be adjudicated exclusively by and in the Courts of Texas that are located in Travis County.
12. I hereby grant to the Austin American-Statesman, the Cap10k, and its sponsors and affiliates, full permission to use My name and any photographs, videotapes, motion pictures, recordings, or any other record of My participation in the Cap10k for any legitimate purpose.
TO THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN IF THE PARTICIPANT IS UNDER THE AGE OF 18: READ THIS FORM COMPLETELY AND CAREFULLY. BY SIGNING BELOW, YOU ARE REPRESENTING THAT YOU HAVE THE AUTHORITY TO ENTER THIS AGREEMENT ON BEHALF OF THE MINOR PARTICIPANT IDENTIFIED ABOVE. YOU ARE AGREEING TO LET THE MINOR PARTICIPANT ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT THERE IS A CHANCE THAT THE MINOR PARTICIPANT MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THIS ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE AGREEING TO ALL OF THE ABOVE-MENTIONED TERMS AND CONDITIONS AND ARE GIVING UP THE MINOR PARTICIPANT’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE AUSTIN AMERICAN-STATESMAN IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO THE MINOR PARTICIPANT OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THIS ACTIVITY.
STATESMAN CAP10K PARTICIPATION GUIDELINES
• Participants shall not compete in any manner which, in the judgment of the race officials, interferes with race operations, other participants, or the integrity of the competition.
• Participants shall not reproduce, alter, or duplicate official bib numbers.
• Participants shall not transfer official bib numbers or timing devices – or rights to obtain such numbers or devices – to anyone or any organization for any purpose, including charity auction, lottery, or other fund-raising efforts.
• Running strollers and baby-joggers are permitted. However, Participants with strollers should start at the back of the field, and they must yield the right of way to other participants.
• No pets are allowed at the Cap10k.
• Physically-trained wheelchair athletes using rigid-frame wheelchairs may participate in the Cap10k. No motorized wheelchairs are permitted. Wheelchair athletes must use only their own physical power to move their wheelchairs or be pushed by an able-bodied, registered participant. In accordance with International Paralympic Committee (IPC) rules, hand-cycles, hand-bikes, hand-cranks, or other gear- or lever- driven devices will NOT be permitted at the Cap10k. All self-propelled wheelchair athletes must wear a protective helmet. Only helmets that have ANSI, CEN, ASTM, CPSC, Australian, Canadian, or SNELL certifications will be accepted. The helmet must be worn for the duration of the race with the chin-strap fastened. All wheelchair athletes competing in the event must check in with the Start Line Coordinator with the wheelchair and helmet they will use in the race no later than one hour before the start of the race on the morning of the event, in order to ensure that the chair and helmet meet the event safety requirements. The decision of the Start Line Coordinator is final.
• Other than approved rigid-frame wheelchairs and/or strollers or baby-joggers, no wheels are allowed, including roller blades, skateboards, bicycles, etc.