WAIVER & ACKNOWLEDGEMENT OF INHERENT RISKS AND DANGERS
1. For and in consideration of USA Track & Field, Inc., its affiliates, members, member clubs, associations, sport disciplines, and divisions (“USATF”), The Runner's Edge, Boyne USA, Inc., Big Sky Resort LLC, and all other promoters, sponsors, organizers and volunteers of this event, their affiliated or parent companies, subsidiaries, and the officers, directors, shareholders and/or members, agents and employees of each, as well as all medical, law enforcement and other personnel and volunteers assisting with this event, the owners of the property through which the event course traverses and their representatives, successors and assigns allowing me, the undersigned, to participate in the USATF sanctioned event (Rut Mountain Runs) 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”).
2. 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 have registered for. 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.
3. I understand and acknowledge that participation in track & field, road running, race walking, cross-country, mountain, ultra, and trail running Events may be 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, also including the dangers of traversing steep, exposed, rocky, and possibly unstable terrain; dangers associated with physical activity at high altitude, falling, and collisions with other people, vehicles and fixed or moving objects; the dangers of road and trail conditions, surface hazards, weather conditions that can change drastically in a short time, and inadequate clothing (“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.
4. 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.
5. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless USATF (and all other individuals and organizations set forth in paragraph 1 of this agreement), 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.
6. 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.
7. As a condition of my participation in the Event, I hereby grant USA Track & Field, Inc., and all other entities and individuals set forth in Paragraph 1 of this Agreement, 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.
8. 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.
9. 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 and all other entities and individuals set forth in Paragraph 1 of this agreement, as follows:
a. The Guardian acknowledges and understands that the Event is 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.
10. This waiver and release shall be governed by Montana Law and exclusive jurisdiction for any such claims shall be in State District Court in Madison County, Montana, or in a Federal District Court in Montana
11. By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care.
I HEREBY ACKNOWLEDGE THAT I (OR MY CHILD) HAVE HEALTH INSURANCE THAT WILL COVER ANY INJURY EXPERIENCED IN THIS EVENT.
I have carefully read this complete form, fully understand its contents and sign the same of my own free will and accord. If I am signing on behalf of a minor, I verify that I am the parent or guardian of the minor and that I have the authority to enter this agreement on the minor’s behalf.
