For and in
consideration of NASA Langley Research Center Exchange allowing me, the
undersigned, to participate in the NASA Langley Research Center Exchange sanctioned
100 Year Dash 10K event; 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 am
responsible for children under the age of 16 participating in the event or
accompanying me on center. I agree that my child is medically able and
properly trained to participate in this activity. I agree to abide by any
decision of a race official relative to my child’s ability to safely complete
the run, however, I also acknowledge that government or race officials are not
responsible to know my child’s medical condition or his/her ability to
participate in and complete this event. I am responsible for my child while on
Center, including on the race course. I assume all risks associated with
participating in the race including, but not limited to; falls, contact with
other participants, volunteers and spectators; the effects of the weather,
including high heat and/or humidity; traffic and the conditions of the road;
and holes and obstructions along the route, all such risks being known and
appreciated by me. I
agree that it is my sole responsibility to determine whether I and my
responsible child are 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 NASA
Langley Research Center 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: NASA Langley Research Center, its members,
member clubs, associations, sport disciplines and divisions; NASA Langley Exchange;
Langley Air Force Base; 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.
5. 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.