For and in consideration of USA Track & Field, Inc., its
affiliates, members, member clubs, associations, sport disciplines and
divisions (“USATF”) allowing me, the undersigned, to participate in the
USATF 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 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,
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 (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 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 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, 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.