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 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 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., 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.
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