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 to participate in USA Track & Field activities (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.

Revised 3/20/20

2026 Jingle Bell Beach Run 5K & 1-Mile:

I am participating in the 2026 Jingle Bell Beach Run (5K and/or 1-mile). 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.  I agree to comply with the rules, regulations, and event instructions. I understand that participating in a road race is a potentially hazardous activity and can result in serious injury or death. I also know that the roads will not be closed to traffic entirely; there will be traffic on the course route. I am aware of and I expressly assume all inherent risks associated with participating in this event, including, but not limited to: falls, contact with other participants, and objects, the effects of weather, including high heat and humidity and/or wet and rainy conditions, traffic, shoulders of the roads and sidewalks, overall conditions of the road, conditions of post race awards areas, and any other serious injuries that may result including death. In consideration of accepting this entry, I for myself and anyone entitled to act on my behalf, my heirs, executors, administrators or anyone else who might claim on my behalf, WAIVE, RELEASE AND DISCHARGE the Jingle Bell Beach Run, Hawaii Sport Events LLC, Rani and William Henderson, Coconut Grove Marketplace and its tenants, Coconut Grove Retail XIII, LLC, Athena Management, Inc., SVN | GO Commercial, LLC, Revocable Trust of Eugene K. Gregory, County of Hawaii Police Department, State Of Hawaii Sheriff Division, State of Hawaii Dept. of Transportation, USA Track and Field, all Sponsors and Volunteers, State of Hawaii, County of Hawaii, the United States of America, from any and all claims of personal injury, bodily injury, property damage, other damages, losses and/or death caused by the negligence of any of them arising out of my participation in this event, including pre and post race activities. If I am an Operator or Occupant of a Stroller or an Assisted Wheelchair, I agree that I am fully responsible for my own safety and the safety of the occupant of the Stroller or Assisted Wheelchair. (Safety is defined as doing everything reasonably necessary to avoid or prevent an accident, including, but not limited to, operating at a safe speed and with safe equipment and avoiding risks). I understand that Animals are NOT ALLOWED during this event, as it is sanctioned by USATF and the policy does not allow animals to participate in competitions. I CONSENT to receive medical treatment that may be advisable in the event of illness or injuries suffered by me during this event, and I agree to pay for all costs of my own medical treatments. I PERMIT the use of my contact information by Hawaii Sport Events LLC, its sponsored events and sponsors. I ATTEST that I have been made fully aware of the risks that may be involved with participating in this event. I CERTIFY that I am physically fit and have sufficiently trained for competition in the Jingle Bell Beach Run.

CONSENT FOR USE OF PHOTOGRAPHS AND IMAGES

NOTICE: This event is being photographed and/or video recorded for non-commercial promotional purposes. Your presence constitutes consent that your image may be used, without compensation or legal recourse. No images will be used in any form to promote third-party commercial enterprises.

I CONSENT to the use of photographs and images. (In an effort to enhance promotions for our event and activities, your photograph may appear in the local newspaper or other journals, as we visually capture you enjoying your experiences on the Big Island.) As such, I hereby give Hawaii Sport Events LLC, the right and permission to use, re-use, publish and re-publish photographs(s), slides, videotape, other film images and/or other likenesses taken of me during my participation in the event. Hawaii Sport Events LLC may use the images in whole, or in part, individually or in conjunction with other images in any medium and for any purpose, including, but not limited to illustration, promotion, advertising and trade, and to use my name in connection therewith. I hereby DISCHARGE Hawaii Sport Events LLC from any and all claims and demands arising out of, or in connection with, the use of the images.

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By signing this, I AGREE to all the terms of this waiver and release statement.

I UNDERSTAND that any and all fees paid by me in association with this event are non-refundable and non-transferable.

I UNDERSTAND that any registration after the 11/30 deadline does not guarantee an event shirt for the participant.