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Foot Locker Cross Country Championships West Regional

Walnut, CA 91789

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Waiver

Foot Locker Cross-Country National Championships presented by HOKA® and all related events and activities, including without limitation, any and all Regional and/or Qualifier Competitions, any and all transportation to, from and between Event locations, and any and all product and fitness testing at the Event (collectively “Events”). 

TO BE HELD ON OR ABOUT:   November 30th & December 7th 2024, through Completion of Championship Race on December 14th 2024. 

In consideration for the opportunity to participate in the Foot Locker Cross-Country National Championships presented by HOKA® Event and all related travel, Events and activities associated with Foot Locker Retail, Inc., Deckers Outdoor Corporation as the brand HOKA®, and Event, I agree to the following:  

1. NCAA/HIGH SCHOOL ELIGIBILITY 
I understand and agree that if I am, or may become, a student-athlete I am responsible for my eligibility and/or amateur standing. I am aware of, and agree to comply with, all applicable rules, regulations, and bylaws of my state, territory, national association(s), the NCAA and of any other governing bodies that may be applicable to me (“the Rules”). I understand the consequences of any failure to comply with the Rules, including but not limited to, loss of my eligibility to participate in future athletic contests in any sport and loss or forfeiture of any athletic scholarships. 

IF PARTICIPANT IS AN AMATEUR ATHLETE, PARTICIPANT’S PARENT OR LEGAL GUARDIAN MUST READ AND CHECK BOX BELOW: 

To the extent applicable, I have verified with my school, athletic director, and/or the governing body of my sport(s) that participation in the Event(s) does not violate any rules including, but not limited to, rules of eligibility for sport participation at my school and rules affecting my amateur status in any sport. 

2. RELEASE FROM LIABILITY  
I forever discharge and release (and covenant not to sue) Foot Locker Retail, Inc., a corporation with its principal office at 330 West 34th Street, New York, New York 10001, and Deckers Outdoor Corporation as the brand HOKA®, a corporation with a principal place of business located at 250 Coromar Drive, Goleta, CA 93117 and all of their direct or indirect owners, officers, directors, shareholders, employees, agents, affiliated entities, agencies, representatives, contractors, successors, assigns, subsidiaries, partners, board members, commissioners, directors, officers, contractors, consultants, sponsors, subcontractors, independent contractors, insurers, all Event sponsors, coordinators, advertisers, volunteers, and staff, and all owners or lessors of premises used in connection with the Event, including (if applicable) US Track & Field, Inc. (collectively the “Released Parties”) from any and all claims or legal action (of any nature, known, or unknown, in law or in equity), injuries (including death), losses, damages (including those directly or indirectly arising from any such death, disability, illness, including without limitation, COVID-19, any variation thereof, and any other pathogen), or bodily injury or property damage, demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in or attendance at the Event(s), including transportation related to the Event(s), even if it is due to the negligence, action or inaction of the Released Parties, to the fullest extent permitted by law. 

I VOLUNTARILY ASSUME ALL RISK AND DANGER of personal injury (including death), sickness (including illness and other risks of exposure of COVID-19 or any other communicable disease or illness, or a bacteria virus or other pathogen capable of causing a communicable disease or illness), lost, stolen, damaged or confiscated property, and all other hazards arising from, or related in any way to, the Event(s), whether occurring prior to, during, or after the Event(s), however caused and whether by negligence or otherwise and hereby release the Released Parties from any and all claims that I may have (or that hereafter accrue) against any of the Released Parties and that relate in any way to: (i) exposure to COVID-19; (ii) entry into, or presence within or around, the Event(s) (including all risk related thereto); (iii) compliance with any protocols or safety requirements applicable to the Event(s); or (iv) any interaction between me and any person or any personnel of any of the Released Parties present at the Event, in each case whether caused by any action, inaction, or negligence of any Released Parties or otherwise.  

Participant acknowledges that the RELEASED PARTIES MAKE NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EVENT and agrees that the Released 

Parties will not, under any circumstance, be liable for consequential, indirect, special or similar damages. I shall defend, indemnify, and hold harmless the Released Parties against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, arising out of or resulting from, in whole or in part, my participation in the Event, including without limitation while preparing for, participating in and/or traveling to or from the Event, and any claim of a third party related to COVID-19 due to my engaging in the Event, whether arising from negligence of the Released Parties or otherwise, to the fullest extent permitted by law.  

3. ASSUMPTION OF RISK 
In connection with the Event(s) and my participation therein, I assume full risk and responsibility for any death, disability, illness (including without limitation, COVID-19, any variation thereof, and any other pathogen) or bodily injury that I may suffer or contract, or damage to or loss of property that may be caused, arising from any cause whatsoever, or any death, disability, illness, or bodily injury or property damage to another person arising from my participation in the Event. 

Participation in or attendance at the Event(s) involves inherent risks and dangers of accidents, personal and bodily injury (including death) and property loss or damage, and severe social and economic losses. These may result from my own actions or inactions or negligence, as well as the actions or inactions or negligence of others, the rules of play, and the condition of the facilities, field, and equipment or vehicles and airplanes. Further, there may be other risks not known to me and not reasonably foreseeable at this time. I understand and I have considered and evaluated the nature, scope and extent of the risks involved, and I voluntarily choose to assume all such risks, both known and unknown, even those risks that result from the negligence of the Released Parties (defined below) or others and assume full responsibility for my participation in the Event(s). I warrant that I am physically and mentally able to fully participate in the Event. I consent to treatment in the event of an emergency or other incident in which, in the reasonable judgment of the onsite personnel, I require medical care. I further agree to pay all costs associated with such medical care and to indemnify and hold harmless the Released Parties (as defined below) from any costs or claims arising from such medical care. I acknowledge that Foot Locker Retail, Inc. and Deckers Outdoor Corporation as the brand HOKA® may cancel or reschedule any of the Event(s) at their sole discretion. 

I expressly acknowledge an inherent risk of exposure to COVID-19 exists in any place where people gather, including at the Event, and that no precautions can eliminate the risk of exposure to COVID-19. COVID-19 is an extremely contagious disease that can lead to severe illness and death. While people of all ages and health conditions have been adversely affected by COVID-19, certain categories of people have been identified by public health authorities as having greater risk based on age and underlying medical conditions. I understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, death, or property damage. I acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including the Released Parties. I understand that while the Released Parties have implemented preventative measures to reduce the spread of COVID-19, the Released Parties cannot guarantee that I will not become infected with COVID-19 while at the Event and that it may increase my risk of contracting COVID-19. I ACKNOWLEDGE THAT I AM VOLUNTARILY ENTERING THE PREMISES TO ENGAGE IN THE EVENT WITH KNOWLEDGE OF THE DANGER INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE RELATED TO COVID-19, ARISING FROM MY BEING ON THE PREMISES OR ENGAGING IN THE EVENT, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR 

OTHERWISE. I am familiar with federal, state, and local laws, orders, directives, and guidelines related to COVID-19, including the Centers for Disease Control and Prevention (CDC) guidance on COVID-19. I acknowledge that the CDC and many public health authorities still recommend practicing social distancing, hand sanitation, and use of face coverings. I agree to follow all instructions of the Released Parties while on the Premises to participate in the Event. I agree not to enter the Premises if I am experiencing symptoms of COVID-19, such as cough, shortness of breath, fever, difficulty breathing, chills, fatigue, muscle or body aches, headache, sore throat, congestion or runny nose, nausea or vomiting, diarrhea, new loss of taste or smell, have a confirmed or suspected case of COVID-19, or have come in contact in the last 14 days with a person who has been confirmed or suspected of having COVID-19. 

4. PHOTO, VIDEO AND NIL AUTHORIZATION  
I hereby grant to Foot Locker Retail, Inc. and Deckers Outdoor Corporation as the brand HOKA®, and all of their direct or indirect owners, officers, directors, shareholders, employees, agents, affiliated entities, agencies, representatives, contractors, successors, assigns, subsidiaries, partners, board members, commissioners, directors, officers, contractors, consultants, sponsors, subcontractors, independent contractors, insurers, all Event sponsors, advertisers, volunteers, and staff, and all owners or lessors of premises used in connection with the Event, including (if applicable) US Track & Field, Inc. 

(collectively the “Released Parties”) permission to film, photograph, video record and otherwise record my image, voice, quotes, avatar, name, biographical data, silhouette, body dimension, shape, posture, personal property, or any other aspect of my attendance at the Event (collectively the “Recording”) and the right, throughout the world, in perpetuity, to register for copyright, to use and to assign and/or license others to use all or any portion of the results thereof (or a reproduction thereof), in all media and in any manner now known or hereafter developed, in connection with the Event or otherwise without any additional consideration. I shall have no right of approval and no legal claim arising out of any use or editing of the Recording or my name. Release Parties shall have no obligation to use any of the rights I grant. I represent that it is not necessary for Released Parties to obtain permission from or to pay any third party in connection with the rights granted in this paragraph. 

I hereby grant and authorize to the Released Parties, the absolute right and permission to edit, alter, copy, copyright, use, reproduce, exhibit, publish, distribute and make use of any and all photographs, videos, photographic portraits or pictures, videotapes, motion pictures, sketches, recordings or any other graphic or digital  reproductions of me, to be used in and/or for any and all promotional materials, including but not limited to, newsletters, flyers, posters, brochures, advertisements, campaigns, fundraisers, fundraising letters, annual reports, press kits and submissions to journalists, websites, social media/networking sites, any and all print and digital communications, and for any other lawful purpose whatsoever, without payment or any other consideration. This authorization extends to all languages, media, formats, and markets now known or hereafter devised. This authorization shall continue in perpetuity. 

I release and transfer forever without reservation and without compensation or other consideration (i) all rights in and to my participation in the event and the reproduction or other transcriptions of the event by video, film, or any other methods, and (ii) the use of my name, picture, portrait, likeness, avatar, or identification in all media and modes of advertising or promotion of or by the Released Parties and their respective designees, for or in connection with the Event, Foot Locker Retail, Inc., and for any other purpose.  

5. AUTHORIZATION TO COLLECT AND USE DATA.  

While engaging in the Event, Participant acknowledges that Participant may provide to Released Parties: (1) information such as Participant’s name, contact information, age, gender, and other demographic, physical, physiological or identifying characteristics specifically requested from Participant; and (2) data regarding Participant’s use or interaction with Release Parties’ products or services including any feedback, comments or ideas Participant provides about the product, testing, or Participant’s experience during the Event (collectively “Event Data”). Participant’s participation in the Event is voluntary. By participating in the Event and providing the Event Data to Released Parties, Participant hereby grant Released Parties permission to collect, capture, record, and store the Event Data, and grant to Released Parties a license to use the Event Data for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services. 

I agree to be contacted by and receive marketing and other communications from the Released Parties and their respective designees via the contact information provided below (including, without limitation, via the email address provided). I agree that my personal information may be used and shared by Released Parties for purposes including advertising, promotion, analytics and as otherwise provided in our Privacy Statement, as Privacy Statement, may be updated from time to time.   

 6. LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS 
Participant hereby grants to Released Parties a perpetual license to use all comments, feedback and ideas Participant may share with them, without notice, compensation or acknowledgement to Participant, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services. 

7. CONFIDENTIALITY 
Participant understands that, during the Event, Participant may be exposed to ideas, designs, discoveries, inventions, and trade secrets, including footwear, apparel and equipment designs under development, fabrication processes, innovative materials, drawings, business and marketing plans, sales data, and research about biomechanics and exercise physiology. Participant agrees that all of Foot Locker’s files, data, and information are and shall remain the property of Foot Locker and as such may not be used, or copied or distributed to third parties, without the express prior written consent of Foot Locker. Participant’s obligations of non-disclosure with respect to Foot Locker’s proprietary information shall remain in effect for five years from the date Participant gains access, so long as such information has not entered into the public domain. 

8. ENTIRE AGREEMENT/SEVERABILITY.  This Participant Release constitutes the sole and entire agreement of the Released Parties and Participant with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Participant Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Participant Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Participant Release is binding on and shall inure to the benefit of the Released Parties and Participant and our respective successors and assigns. 

I agree that this Consent and Release is intended to be as broad and inclusive as is permitted by law, and further agree that if any portion hereof is held invalid, the balance shall nevertheless continue in full legal force and effect. 

Participant may, at Participant’s option, purchase insurance to cover Participant and Participant’s property. To the fullest extent permitted by law, Released Parties are not responsible for any loss Participant may sustain while participating in the Event or Event related activities, or any loss or damage to property belonging to Participant or Participant’s guests, and Participant acknowledges that Released Parties have not arranged for, nor carry, any insurance of any kind where Participant is an additional insured on the policy.  

Participant or Participant’s parent or legal guardian (if a minor) warrants that all statements made herein are true and correct and understand that Released Parties have relied on them in allowing Participant to participate in the Event. PARTICIPANT or PARTICIPANT’S PARENT/LEGAL GUARDIAN (if a minor) HAS READ THE FOREGOING AND INTENTIONALLY AND VOLUNTARILY SIGNS AUTHORIZATION, AND UNDERSTANDS THAT PARTICIPANT IS ASSUMING THE RISK OF, AND RELEASING AND HOLDING HARMLESS THE RELEASED PARTIES IN CONNECTION WITH PARTICIPANT’S PARTICIPATION IN THE EVENT.  

I CERTIFY THAT:  Participant has their parent or legal guardian’s consent or is over the age of 18.

For additional eligibility rules, please visit the NSAF transgender policy (click here).




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