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CINCINNATI COBRA RACE on the Crosstown Climb

Cincinnati, OH 45214

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$25.00 + $2.91 SignUp Fee

Waiver

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”);
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 (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).
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.




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