PARTICIPANT WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
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");
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.
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 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 (including communicable 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).
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 I accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment.
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
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.
I know that running can be a hazardous activity and that I should not enter and run unless I am medically able and properly trained. I assume all risks associated with running, including, but not limited to, falls, weather conditions including high heat and/or humidity, contact with other participants, the effects of the road and traffic on the course, all such risks being known and appreciated by me. Having read this waiver and knowing these facts, I for myself and anyone entitled to act on my behalf, waive and release Potomac River Running, Inc., Potomac River Running Charitable and Educational Events Inc., Commonwealth Race Management, Inc., and all event partners, sponsors and volunteers, their representatives and successors from all claims or liability of any kind arising out of my participation in this race even though that liability may arise out of negligence or carelessness on the part of the persons named in this waiver. Further, I grant permission to all of the foregoing to use any photographs, motion pictures, or other record of this event for any legitimate purpose without compensation to me. For safety reasons, I agree not to officiate with any of the following: Wheelchairs, strollers, baby joggers, skates, pets or headsets. I understand that there are no refunds should severe weather cancel the event. I further understand that this event may change date or location if required by local authorities. I agree that my email address will be added to the Potomac River Running and Commonwealth Race Management email list.
I know that running in an event that is organized as a virtual activity where I run on my own, at a date and time of my choosing, in a location and running route of my choosing, which will not have any support or security measures in place by Commonwealth Race Management, PR Races, Potomac River Running, is a potentially hazardous activity, which could result in injury or death. I attest that I have read the rules of the virtual race as scheduled, including the terms in this waiver, the timeline of the virtual event, and agree to abide by them. I acknowledge that I am participating in the activity outlined by this virtual event by my own free will and at my own personal risk. I assume all risks to me associated with running on my own as part of this virtual activity, including but not limited to: falls, contact with other pedestrians, the effects of the weather, including high heat and/or humidity, traffic and the conditions of the road or trail, all such risks being known or unknown and appreciated by me when out running on my own without any type of support from local officials or event organizers. I will not participate in a virtual event unless I am medically able and properly trained, and by my signature, I certify that I am medically able to perform this event, and am in good health, and I am properly trained. I further agree to abide by the Center for Disease Control (CDC)'s recommendations for the prevention of the spread of COVID-19 and attest to having read the CDC's guidance at: https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.html. I attest that if my community has a shelter in place order, that I will only participate in the virtual event by using a personal treadmill, and I will not run outside in the community during the duration of a shelter in place order. I agree to follow all pedestrian safety ordinances including running on a sidewalk where available and not in the road. I agree to follow the rules of the road if no sidewalk or multi-use trail is available and I will run against oncoming traffic and not with traffic.
RESTON ASSOCIATION WAIVER
Partici pa nt in Event/ Athletic Event on Reston Facilities
I hereb y vo lun tarily register for the (name of event) to be held on____________________________________________________________________________ _. I under stand
and acknowledge that the (name of event) ("Activity") is sponsored and promoted by (spo nsoring organization) and sanctioned by (sanctioning body - if applicable).
I here by assume all risk and agree to accept full responsibility and liability for any damages or bodily m1uries I or an y of my dependents may cause, sustain, or suffer arising out of participation in the above referenced Activity, including any such damages or bodily injuries occurring during, resulting from, or related to any travel to or from the Activity.
I here by agree to be fully liable for and I hereby agree to waive and release on behalf of myself and my heirs, successors and assigns, the Reston Association, its Board of Directors, officers, employees, agents, volunteers, and members from any and all in juries , bo dily injuries, costs, damages, causes of action, claims and any consequential and incidental damages arising out of or resulting from any injury, death, or damage to property which I or my dependent may sustain, suffer, or cause as a result of my participation in the above referenced Activity, including any such in jurie s, costs, damages, causes of action, claims and any consequential and inciden tal damages occurring during, resulting from, or related to any travel to or from the Activity.
I further agree to indemnify, reimburse, and forever hold harmless the Reston Association, its Board of Directors, officers, employees, agents, volunteers, and members from any and all injuries, bodily injury, costs, damages, causes of action, claims and any consequential and incidental damages, including attorn eys fees, arising out of or resulting from any injury, death, or damage to property which I or my dependent may sustain, suffer or cause as a result of participation in this Activity, including any such injuries , costs, damages, causes of action, claims and any consequential and incidental damages occurring during, resulting from, or related to any travel to or from the Activity.
I am aware of the risks associated with participation in this Activity and here by accept and ass ume on beha lf of myself or dependent full responsibility for any and all such risks, including, without limita tion, the need to check with a physician before engaging in this Activity, including any physical activity asso ciated \Vith this Activity. I understand that participation in this Activity may involve activities where injury can occur and shall be undertaken at my sole risk and expense. I hereby certify that I am physica lly fit and have not been otherwise informed by a physician. I under stand that Reston Association does not employ physicians and that its staff cannot and do not diagnose medical problems.
I further represent that I or my dependent currently have and carry health insurance and agree that an y claim for medical treatment or other purposes shall be made against such health insurance and tl1at m y own or dependent's own personal health insurance shall be primary insurance and the primary source of health insurance coverage in the event that I or my dependent sustain or suffer any bodily injury or medical crisis which participating in this Activity.
1 acknowledge that I have read and voluntarily agree to the terms of this Indemnification and \Vaiver. If any portion of this Indemnification and Waiver shall be held invalid for any reason under the laws of the United Sta tes, Virginia, or Fairfax County, those parts that are not held invalid shall continue in full force and effect.
In addition, I promise to abide by the rules and regulations adherent to this activity or event and to exercise care and caution for my personal safety and that of my fellow par ticipants. I understand further that Reston's pathways may have irregularities and I have familiarized myself with these conditions.
Participant
Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Patent or Guardian Waiver
I am the parent or guardian of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , a minor, and on tl1e minor's behalf and on my behalf and on behalf of all other parents or guardians of the minor, I accept the release and waiver of liability at the top of this form as inducement for allowing my child, or this minor, to participate in tl1e above named activities or event(s). I further authorize any emergency medical care, which may be necess ary. I represent and warrant that I have the authority to give this release.
Parent / Guardian
Date: _ _ _ _ _ _ _ _ _ _
Assumption of Risk and Waiver of Liability Relating to
Coronavirus/COVID-19
I hereby acknowledge, on behalf of myself and my participating children, that novel coronavirus ("COVID-19") infections have been confirmed throughout the United States, including cases in Virginia. In accordance with the most recent guidance and protocols issued by the World Health Organization ("WHO"), the Centers for Disease Control and Prevention ("CDC") and the Virginia Department of Health ("VDH")(collectively the "Public Health Agencies") for slowing the transmission of COVID-19, I hereby agree, represent, and warrant that neither I, nor such participating children, shall visit or utilize the facilities, events, activities and programs of the Reston Association (the "Association") (other than any exclusively online services and programs) within fourteen (14) days after (i) returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, or (iii) exposure to any person who has a suspected or confirmed case of COVID-19. The CDC Travel Health Network is continuously updating this list and I agree that I am aware of this list and the countries listed. I agree to check the CDC Travel Health Notices list (https://www .cdc. iw v/coronavirus/2019-ncov /trav elers/index.html ) prior to attending or utilizing the facilities, events, activities, and programs of the Association, on a daily basis if necessary. I hereby agree, represent, and warrant that neither I, nor such participating children, shall attend or utilize the facilities, events, activities and programs of the Association if I, he or she (i) experiences symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, or (ii) has a suspected or diagnosed/confirmed case of COVID-19. I agree to notify the Association immediately if I believe that any of the foregoing access/use restrictions may apply.
The Association has taken certain steps to implement recommended guidance and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19, including, without limitation, the access/use restrictions set forth above. I acknowledge and agree that the Association may revise its procedures at any time based on updated recommended guidance and protocols issued by the Public Health Agencies and further agree to comply with the Association's revised procedures prior to utilizing the facilities, activities or programs of the Association.
I hereby agree that the Association cannot guarantee that I, such participating children or any other person, will not become infected with COVID-19. I further acknowledge and agree that, due to the nature of the facilities, events, activities, and programs offered by the Association, social distancing of six (6) feet may not be possible at all times. I fully understand and appreciate that attending Association facilities, events activities and programming could increase my risk and my child or children's risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child or children and I may be exposed to or infected by COVID-19 by attending Association activities, events, programming and facilities and that such exposure or infection may result in being placed in quarantine, personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including but not limited to Association employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child or children or myself, including, but not limited to, personal injury, disability, death, illness, damage, loss, claim, liability, or expense or any kind, that I or my child or children may experience or incur in connection with my child or children's attendance at Association facilities, events activities or programming. On my behalf and on behalf of my child or children, I hereby release, covenant not to sue, discharge, and hold harmless and indemnify the Association, its employees, Members, Directors, agents, and representatives, of and from any and all claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of the Association, its employees, agents and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Association facilities, events, activities or programming.
Further, I grant permission to all the foregoing to use my name, voice and images of myself in any photographs, motion pictures, results, publications or any other print, videographic or electronic recording of this event for legitimate purposes.
This event follows the standard running industry policy: All entry fees are non-refundable. We reserve the right to postpone or cancel the event due to circumstances beyond our control such as a natural disaster or emergency or as required to protect the safety of participants and staff. No refunds will be issued under these circumstances. We reserve the right to change the details of the event without prior notice. I understand that my entry fee is nonrefundable and bib numbers are non transferable.
By submitting this entry, I acknowledge (or a parent or adult guardian for all children under 18 years) having read and agreed to the above release and waiver including the no refund policy.
