You must read
and agree to the following waiver in order to participate in this event.
I know and
understand that participation in endurance sports is a potentially hazardous
activity. I attest that I am medically able and properly trained for the Event and
agree to abide by any decisions of a race official relative to my ability to
safely complete the run. I assume all risks associated with running in this
event, including to but not limited to: falls, contact with other participants,
effects of the weather, traffic, the condition of the road, and
gastrointestinal discomfort. All such and related risks being known and
appreciated by me. Having read and understood this waiver and in consideration
of your accepting my entry, I for myself and anyone entitled to act on my
behalf, waive and release RacePenguin LLC, Premier Races, USA Track & Field,
race organizers, volunteers, all sponsors, their officers, employees, agents,
representatives and successors from all claims or liabilities of any kind
resulting from my participation in this event even though that liability may
arise out of negligence or carelessness on the part of the persons named in
this waiver.
No Refunds – No
refunds will be given for any reason regardless of the reason the event is
cancelled. In the event that inclement
weather conditions should require cancellation of the race before it is to
start or early termination after it has started because of safety concerns, I
understand that the race WILL NOT be rescheduled. I also understand and agree
that my entry fee WILL NOT be refunded.
No Transfers
- Registration may not be transferred to another participant for any reason.
Giving your race number, bib, or chip to another participant is strictly
prohibited.
1. I hereby
represent that (i) I am at least eighteen (18) years of age or older (or that
this document is also agreed to by my parent or legal guardian); and (ii) I am
in good health and in proper physical condition to 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, trail running, cycling,
triathlon, and any other type of endurance sports 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 (as
defined 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, 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 all the rules and regulations established for
the Event, including but not limited to any Competition Rules adopted by USATF,
any anti-doping rules as established by the appropriate entity, 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 RacePenguin, LLC, Premier Races, USATF, and, if applicable,
the following parties: United States Olympic Committee (USOC); the event
directors, organizers and promoters, sponsors, advertisers, coaches and
officials; the local organizing committee 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 (or my parent, natural guardian, or legal 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.
6. As a
condition of my participation in the Event, I hereby grant RacePenguin, LLC,
Premier Races, Fleet Feet Sports, USA Track & Field, Inc. 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 Event, RacePenguin,
Premier Races, Fleet Feet Sports, 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.
7. I certify
that the birth date and age information provided in my member profile and
confirmed at the beginning of the entry process is true and accurate.
8. If the
participant is under the age of 18, the parent, natural guardian, or legal
guardian (the “Guardian”) hereby agrees to release and discharge USATF 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.