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.
