For and in consideration of USA Track & Field, Inc. (“USATF”) allowing me, the undersigned,
to participate in the USATF
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 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 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 that
participation involves risks and dangers which include, without
limitation, the potential for serious bodily injury,
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 this event.
3. I
agree to be familiar with and to abide by the USATF Bylaws, Operating
Regulations, and Competition Rules
established for the Event, including 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
understand that there will be no refunds for any reason and that emails may be
used to send me information about this or other events.
4. I
hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify,
Defend and Hold Harmless the
following parties: the USOC, USA Track & Field, Inc.,
its Associations and Sport Disciplines, Event Organizers, Event
Directors and Promoters, Sponsors, Advertisers, Coaches
and Officials; Venue and Property Owners 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.