Participant Waiver for Race Registration:
2017 RUN FOR THE CHOCOLATE:
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 this Agreement is agreed to by my parent, natural guardian, or
legal guardian (the “Guardian”)); (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
Competition 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, clubs, associations, sport disciplines
and divisions; United States Olympic Committee (USOC); the event directors, the
host organization and the facility, venue and property owners or operators upon
which the Event takes place; and any other organizers, promoters, sponsors,
advertisers, coaches and officials for this Event; 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 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.
5. As a condition of my participation in the Event, I hereby
grant USA Track & Field, Inc., the event director and host organization a
limited license to use my name, likeness, image, photograph, voice, video,
athletic performance, biographical and other information (collectively,
“Likeness”), in any media platform or format whatsoever, and to distribute,
broadcast and exhibit these without charge, restriction or liability, but only
for the purposes of advertising or promoting the Event, USATF, or the sport of
Athletics. The foregoing grant, however,
does not constitute consent for USATF or any third party to use my Likeness in
an endorsement of any product or service without my specific written consent.
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.