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.