I understand that any and all fees paid by me in association with this event are non-refundable and non-transferable. I
permit the use of my contact information by Hawai'i Island Racers, its sponsored events, and sponsors. COFFEE TRAIL
RUN 2023 RACE WAIVER
Ka’u Coffee Trail Run
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 the Ka'u Coffee Trail Runs to be held on September 23, 2023 (the “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 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. I consent to receive medical treatment which may be advisable in the event of illness or
injuries suffered by me during this event and I agree to pay for the costs of my medical treatment.
2. I understand and acknowledge that participation in road running Events is inherently dangerous and represents an extreme test of
a person’s physical and mental limits. 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; traffic hazards; 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 the 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, the race instructions, 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, volunteers, coaches and officials; Big Island Race
Events; Coconut Grove Marketplace, and any other venue and property owners or operators upon which the Event takes place; law
enforcement agencies and other public entities providing support for the Event, including the State of Hawaii and County of Hawaii;
and each of their respective parent, subsidiary and affiliated companies, officers, directors, managers, 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 give permission for the free use of my name, voice or picture in any broadcast, telecast, advertising promotion or other account
of the Event and I permit the use of my contact information by the Event Organizers. I agree that electronic submission of this
application constitutes agreement to all the terms of this waiver and release statement. I understand that any and all fees paid by me
in association with this event are non-refundable and non-transferable.
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 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.
If the participant is under the age of 18, the Guardian here by 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, including claims for Liability caused in whole or in part by the
negligent acts or omissions of the Released Parties.
I agree to abide by any decision of a race official relative to any aspect of my participation in this virtual event, including the right of
any official to deny or suspend my participation for any reason whatsoever. I attest that I having read the rules of the virtual race
scheduled for September 2023 including the terms in this waiver, the timeline of the virtual event, and agree to abide by them. I
assume all risks to me associated with running on my own as part of this virtual activity, including but not limited to: falls, contact with
other pedestrians, the effects of the weather, including high heat and/or humidity, traffic and the conditions of the road or trail, all
such risks being known or unknown and appreciated by me when out running on my own without any type of support from local
officials or event organizers.
Having read this waiver and knowing these facts and in consideration of your accepting my entry, I, for myself and anyone entitled to
act on my behalf, waive and release Hawai'i Island Racers LLC, or JTL Timing, the city of my choice to run at, and all event
sponsors, their representatives and successors from all claims or liabilities of any kind arising out of my participation in this virtual
event, and waive my ability to bring any legal action against the entities outlined in this waiver as I am voluntarily elected to run on
my own as part of this virtual event. I grant permission to all of the foregoing to use my photographs which I may share online as
part of the event, personal data provided during registration and post-event reporting, video or audio recordings, or any other record
of this event for any legitimate purpose. I understand that this event does not provide for refunds in the event of a cancellation, and
by signing this waiver, I consent that I am not entitled to a refund if the event is canceled before or during the event.
I understand that any and all fees paid by me in association with this event are non-refundable and non-transferable. I permit the
use of my contact information by Hawai'i Island Racers, its sponsored events, and sponsors.
I AGREE that electronic submission of this application constitutes agreement to all the terms of this waiver and release statement.