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. The undersigned Participant on behalf of himself/herself and on behalf of Participant’s personal representatives, assigns, heirs,
executors, hereby fully and forever releases, waives, discharges and covenants not to sue the Stronach Group, City of Arcadia, Methodist
Hospital of Southern California, Westfield Santa Anita, Kathy Kinane and Kinane Events, Southern California Association/USA Track and Field,
Inc., and all municipal agencies whose property and/or personnel are used, including medical personnel, volunteers, staff, and all other
sponsoring or co-sponsoring companies, organizations, or individuals, related to the Events (collectively "Releasees") from all liability to the
Participant and his/her personal representatives, assigns, heirs and executors, for all loss(es) or damage(s) and any and all claims or demands
therefore, on account of injury to the Participant or property or resulting in the death of the Participant, whether caused by the active or
passive negligence of all or any of the Releasees or otherwise, in connection with the Participant’s participation in the Events.
4. 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 formy own conduct and actions
while participating in the Event, and the condition and adequacy of my equipment.
5. 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.
6. I hereby grant Kinane Events, dba Derby Day 5K, a limited license to use my name, likeness, image, voice, video, athletic performance,
biographical and other information (collectively, “Likeness”), in any 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 to use my Likeness in an endorsement of any product or service without my specific written consent.
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.