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.