WAIVER - Hill Country Trivium:
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Each participant must read and sign this waiver/release.
In consideration of my entry being accepted in the Hill Country Trivium, I, intending to be legally bound, do hereby, for myself, my heirs, executors and assigns, waive, release and forever discharge any and all rights and claims for damages that I might have or which may hereafter accrue to me against the Event Organizers, Selah Adventures LLC, Tejas Trails LP, Traverse Running, LLC, Event Data Solutions, Inc., RunSignUp.com, USATF, race volunteers, Marble Falls ISD, their representatives or successors arising out of my association with or participation in the Hill Country Trivium.
I know that participating in the Hill Country Trivium entails walking or running or biking great distances over uneven roads. I understand that this is a potentially hazardous activity and that I should not enter and participate unless I am medically able and properly trained. I understand that I do not need a physical examination to participate in the Hill Country Trivium and that I participate at my own risk. I assume all risks associated with participating in this race.
I agree to comply with any and all rulings of the Event officials. I understand that decisions of the Race officials, and any decisions made after appeal through the Event Directors are final.
I further understand that neither the Hill Country Trivium organizers & Staff nor volunteers of the Hill Country Trivium will be responsible for my personal property. If I leave any items of personal property unattended for any reason, I understand that I assume the risk for all losses.
I hereby consent to emergency treatment in the event of my injury or illness. This treatment may be provided by various care providers including, but not limited to EMT personnel, or other local medical personnel. I agree to comply with all directives of medical personnel. I understand that a medical evacuation by air or land may be necessary at my expense, and that I assume the risk that such vehicle or aircraft may crash.
I further understand that I assume the risk of any illness or injury resulting from dietary supplements such as ephedrine or creatine based products, over-the-counter drugs or prescription medication I may take prior to or during the race. If I am directed to cease participating in the Hill Country Trivium for medical reasons, I will comply. I further acknowledge that I have no medical history or condition that would preclude me from participating in the Hill Country Trivium.
I understand that if this race cannot be held because of an “act of god” or circumstances beyond control, any expenses incurred or entry fees paid by me will not be refunded. I release the rights to all photographic material, motion picture, recordings, computer information, and any other record of this event to be used for legitimate purpose without any obligation or compensation to me.
All persons under the age of 18, unless emancipated, must have the written consent of a parent or legal guardian to compete in the Hill Country Trivium. I, the undersigned parent or guardian, hereby consent to the applicant’s participation and waive and release all rights for damages as is more fully set forth above. I understand that the Hill Country Trivium Committee reserves the right to reject my entry at any time. If any part of this waiver is deemed unenforceable, it shall not void the remaining sections of the waiver.
I also understand that this is a USA Track and Field Sanctioned event and all USATF rules and regulations govern this event. 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. 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 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: 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.
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. Further, I hereby grant full permission to any and all of the foregoing to use any photographs, motion pictures, recordings, or any other record of this event for any legitimate purpose including commercial advertising. I agree to all conditions listed above.