Halloween Tricks and Treats 5K / 2.5K Run/Walk

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Halloween Tricks and Treats 5K / 2.5K Run/Walk

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Indianapolis, IN US 46216
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Waiver

USA Track and Field

For and in consideration of USA Track & Field, Inc. (USATF) allowing me, the undersigned, to participate in the USATF 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 persons physical and mental limits. I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, 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.I agree to be familiar with and to abide by the USATF Bylaws, Operating Regulations, and Competition Rules established for the Event, including 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: the USOC, USA Track & Field, Inc., its Associations and Sport Disciplines, Event Organizers, Event Directors and Promoters, Sponsors, Advertisers, Coaches and Officials; Venue and Property Owners 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.

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.

Race Fee Refunds

There are no refunds for athletes who withdraw or do not show up for this event.

Race Transfers

An athlete can transfer to another event in the same calendar year. Athletes must pay any price increases or race upgrades. Athletes cannot roll a race over to the following year.

Event participation and entry fees are non-transferable to another person. This is considered fraud by USAT and will result in a possible suspension from USAT for a period up to two years.

Cancellation of an Event

If a race is cancelled or delayed due to severe weather no refunds or credits will be issued. Fun-Races also reserves the right to alter or cancel any portion of a race.

Authorization for Photo/Video Use

Any pictures/videos captured of you on race weekend may be used by Fun-Races for promotional purposes.

FUN-RACESS ATHLETE WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

WARNING: READ THIS DOCUMENT CAREFULLY. I UNDERSTAND AND AGREE THAT THE FOLLOWING IS A COMPLETE RELEASE AND WAIVER, AND THAT BY SIGNING IT, I GIVE UP ANY CLAIM FOR INJURY OR ILLNESS OF ANY KIND, INCLUDING RESULTING IN MY DEATH, OR LOSS OR DAMAGE TO MY PERSONAL PROPERTY. I FURTHER UNDERSTAND THAT, BY SIGNING THIS AGREEMENT, I WAIVE MY RIGHT TO A JURY TRIAL.

In consideration for allowing me, the undersigned, to participate in the Fun-Racess 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) as follows:

I hereby permit the free use of my name, photograph, video and other records of my participation with Fun-Races for any legitimate purpose, including without limitation promotional materials, broadcasts, telecasts and the press.

I understand, agree and represent that running, biking, swimming, training for and/or participating in a triathlon or other multisport or running event, regardless of distance or duration, all of which are the actives in which I may participate produced by Fun-Races (the “Activities”) are dangerous and strenuous activities that carry with them the risk and potential of serious illness, injury, property damage and even death. I further understand, agree and represent that I am voluntarily participating in the Activities with a full understanding of the risks and fully assume all of the risks associated with my participation in the Activities. I hereby attest and verify that I am physically fit and have completed sufficient preparation to enable me to participate in the event and agree that it is my sole responsibility to determine whether I am sufficiently fit and free from any physical or mental impairment to allow me to participate safely in any of the Activities. I further understand and agree that it is my responsibility to maintain any and all equipment used by me during my participation in the Activities and assume all responsibility for such maintenance.

On Behalf of myself, my spouse, children, parents, next of kin, heirs, assigns, representatives and all persons acting by, through or on behalf of me or my estate, I HEREBY RELEASE, WAIVE and FOREVER DISCHARGE FUN-RACES, including any of its officers, directors, members, managers, volunteers, employees, agents, sponsors, other participants, operators, officials, any persons in any area used by or under the control of such parties, advertisers, owners and lessees of premises used to conduct any Fun-Races activity (the “Premises”) and each of them, their officers and employees (collectively "Released Parties"), from any and all liability to me, my spouse, children, parents, next of kin, heirs, assigns, representatives and all persons acting by, through or on behalf of me or my estate for any and all loss, damage or harm of any nature, and any claim or demands therefore, on account of injury to me, illness, damage to my property or my death, whether caused by the negligence, active or passive, of any of the Released Parties or otherwise while I am participating in any activity related or ancillary to any of the Activities identified above.

I hereby covenant and agree not to sue any of the Release Parties identified in Paragraph 4 above for any of the claims that I have waived, released or discharged in Paragraph 4 above. I agree to indemnify and save and hold harmless the Released Parties and each of them from any loss, liability, damage or cost, including attorneys’ fees, arbitration fees, and costs, incurred in connection with any action or arbitration brought, by me or by any other party on my behalf, or that they may otherwise incur due to my presence in or upon the Premises or in any way competing, officiating, observing, working for, or for any purpose participating in any activity related or ancillary to Fun-Races and whether caused by the negligence, active or passive, of the Released Parties or otherwise.

This Agreement represents the complete understanding between the parties regarding the matters covered by this Agreement, and I have not relied upon any oral statements or representations other than what is set forth in writing in this Agreement.

This Agreement may not be modified, unless such modification is embodied in a writing executed by officers of Fun-Races.

I acknowledge and agree that this Agreement is made and entered into in the State of Indiana. This Agreement will be governed and enforced in accordance with the laws of the State of Indaina without regard to choice of law provisions.
All claims, disputes, questions, or controversies arising out of or related to this Athlete Waiver and Release, Assumption of Risk and Indemnification

Agreement, including without limitation the construction or application of any of the terms, provisions, or conditions of this Agreement or any claims arising out of or related to my participation in any activity related to or ancillary to Fun-Races activities (“Arbitrable Controversies”), will be resolved exclusively in final and binding arbitration in accordance with the Commercial Rules of the American Arbitration Association (“AAA”), or successor rules then in effect. Any such arbitration must be initiated and completed in Indianapolis, Indiana and will be conducted and administered by AAA, or, in the event AAA does not then conduct arbitration proceedings, a similarly reputable arbitration administrator. The arbitrator will apply the substantive law (and the law of remedies, if applicable) of the State of Indiana, and the arbitrator is without jurisdiction to apply any different substantive law. I acknowledge that I am voluntarily agreeing to waive my right to a jury trial and to submit any and all Arbitrable Controversies, claims, causes of action or demands to final and binding arbitration in the State of Indiana. The arbitrator shall be vested with full authority to enforce the indemnification provision above in the event of any action or arbitration and shall award attorneys’ fees and costs, including the costs and fees associated with the arbitration, pursuant to Paragraph 5 above.

Should any of the provisions of this Agreement be declared or be determined to be illegal, invalid or unenforceable, the validity of the remaining parts, terms or provisions shall not be affected. Any illegal or invalid part, term or provision shall be deemed not to be a part of this Agreement.
Signature pages transmitted by facsimile or in the form of a PDF shall be deemed to be original signature pages.

I have carefully read this agreement and understand that it is a release and waiver of liability, an agreement to indemnify Fun-Races and the other Released Parties, and a promise not to sue or make a claim and is intended to be as broad as possible (the “Release”). I am aware that this Release is a contract between the Released Parties and me and that I cannot participate in any Fun-Races activity unless I enter into this Release, which I am doing of my own free will. In executing this Release, I acknowledge that I have not relied on any representations, inducements or promises made by the Released Parties and that I am under no obligation of any kind to sign this Release (other than as a condition of participating in the Fun-Races activity). I further represent that I am at least 18 years of age at the time I execute this Agreement.

This waiver, release and indemnification agreement specifically embraces each and every activity sanctioned, authorized or promoted by the Released Parties and applied to each and every program or activity in which I may participate, and has the same effect as if executed after each and every activity or program in which I participate so that the parties herein intended to be released and indemnified shall be fully and effectively released and indemnified as to each and every event herein above described.

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