WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
For and in consideration of
USA Track & Field, Inc. (“USA Track & Field” or “USATF”) allowing me,
the registrant, to participate in the USA Track & Field sanctioned event I
am registering for herein (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 also 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 sports 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 (as defined in Section 4
below); 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 or the actions or inactions of others
participating in or organizing the Event, 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, except to the
extent caused by the gross negligence and/or willful misconduct of any of the
Released Parties (as defined in Section 4 below).
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, as relevant and applicable in each instance: USATF, 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, except to the
extent caused by the gross negligence and/or willful misconduct of any 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 may be incurred as the result of such claim, except
to the extent caused by the gross negligence and/or willful misconduct of any
of the Released Parties, as relevant and applicable in each instance.
5. As a condition of
my participation in the Event, I hereby grant USA Track & Field, 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 accepting 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 accepted this Agreement without any inducement,
assurance or guarantee, and intend for my acceptance 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, except to the extent caused by the gross negligence
and/or willful misconduct of any of the Released Parties.