I certify as a material condition to my being permitted to enter this race that I am physically fit and sufficiently trained for the completion of this event and that my physical condition has been verified by a licensed Medical Doctor. By submitting this entry, I acknowledge (or a parent or adult guardian for all children under 18 years) having read and agreed to the above waiver.
I agree that I am now a member of the Southern Tier Cross Country series, and I know that running in and volunteering for organized group runs, social events, and races with this series are potentially hazardous activities, which could cause injury or death. I will not participate in any series organized events, group training runs or social events, unless I am medically able and properly trained, and by my signature, I certify that I am medically able to perform all activities associated with the series and am in good health, and I am properly trained. I agree to abide by all rules established by the series, including the right of any official to deny or suspend my participation for any reason whatsoever. I attest that I have read the rules of the club agree to abide by them. I assume all risks associated with being a member of this series and participating in series activities which may include: falls, contact with other participants, the effects of the weather, including high heat and/or humidity, traffic and the conditions of the road, trails, rocks, chipmunks, and deer bites, all such risks being known and appreciated by me. I understand that bicycles, skateboards, baby joggers, roller skates or roller blades, animals, and personal music players are not allowed to be used in series organized activities and I agree to abide by this rule. Having read this waiver and knowing these facts and inconsideration of your accepting my membership, I, for myself and anyone entitled to act on my behalf, waive and release the Southern Tier Cross Country, all series sponsors, their representatives and successors from all claims or liabilities of any kind arising out of my participation with the series, even though that liability may arise out of negligence or carelessness on the part of the persons named in this waiver. I grant permission to all of the foregoing to use my photographs, motion pictures, recordings or any other record for any legitimate promotional purposes for the series.
I agree to opt-in for being contacted with includes but is not limited to email, text, mailings, and other forms of digital, and/or physical means.
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 andmake 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 impairmy 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 safetymeasures; 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 bymy own actions or inactions, the actions or inactions ofothers
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 formy 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., itsmembers,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