IMPORTANT please READ!!!!!!!
For and in
consideration of USA Track & Field, Inc. (“USA Track & Field” or
“USATF”) allowing me, the registrant, to participate in the USA Track &
Field sanctioned event I am registering for herein (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 this
Agreement is also agreed to by my parent, natural guardian, or legal guardian
(the “Guardian”)); (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 sports 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 in Section 4 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 or the actions or inactions of others participating in or organizing
the Event, 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, except to the extent caused by the gross negligence
and/or willful misconduct of any of the Released Parties (as defined in Section
4 below)
.
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 Competition 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, as relevant and
applicable in each instance: USATF, its members, clubs, associations, sport
disciplines and divisions; United States Olympic Committee (USOC); the event
directors, the host organization and the facility, venue and property owners or
operators upon which the Event takes place; and any other organizers,
promoters, sponsors, advertisers, coaches and officials for this Event; 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 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, except to the extent caused
by the gross negligence and/or willful misconduct of any 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 may be incurred as the result of such claim, except to the
extent caused by the gross negligence and/or willful misconduct of any of the
Released Parties, as relevant and applicable in each instance.
5.
As a condition of my participation in the Event, I hereby grant USA Track &
Field, the event director and host organization 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 the Event, 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.
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 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.
If the
participant is under the age of 18, the Guardian hereby 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, except to the extent caused by the gross negligence
and/or willful misconduct of any of the Released Parties.and agree to all terms and conditions listed above