WAIVER & RELEASE OF LIABILITY

EVENT: THE 12KS OF CHRISTMAS RUN & WALK RACES -  6K, 12K, KIDS DASH & VIRTUAL RACES (6K RUN/WALK/VIRTUAL & 12K RUN/WALK/VIRTUAL)

WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE USA RACE TIMING & EVENT MANAGEMENT, LLC AND OTHER PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.

ACCIDENT WAIVER AND RELEASE OF LIABILITY (AWRL)

IN CONSIDERATION of USA Race Timing & Event Management, LLC dba USA Race Timing (herein collectively referred to as “Company”) allowing me to participate in any Company (the "Event" or "Events") whether now or in the future, I, for myself, and on behalf of my spouse, children, parents, 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");

I understand and acknowledge the physical and mental rigors associated with running and walking, and realize that running, jogging, walking and other portions of such Events are inherently dangerous and represent an extreme test of a person's physical and mental limits. I understand that participation in any portion of the event involves risks and dangers which include, 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; accidents, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Company and Event Organizers; and other undefined risks and dangers which may not be readily foreseeable or are presently unknown ("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 acts, inaction or negligence 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 the Event, and RELEASE Company and its agents and representatives for any and all liability arising out of my participating in this event.

I hereby represent that (i) I am in good health and in proper physical condition to participate in the Event; and (ii) 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. I certify that I am physically fit, have sufficiently trained for participation in the event and have not been advised otherwise by qualified medical personnel.

I agree to be familiar with and to abide by the Rules and Regulations established for the Event and terms herein. I also accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment.

I understand that at this event or related activities, I may be photographed or submit photographs of myself, my family, friends and others. I agree to allow any photo taken or submitted by myself, pertinent race information, and video or film likeness to be used for any legitimate purpose by Company, the event holders, sponsors and/or assigns. I FURTHER GRANT Company and their licensees the right, permission, and authority to use my name, voice, picture, or photograph, email in any broadcast, telecast, commercial advertisement, promotion, or other account of an Event, and I WAIVE any rights to future compensation to which I might otherwise have been entitled for such use.

Company, its staff and volunteers are not responsible for my personal items that are stored in/around the event area during check-in, race time and check-out and Company makes no guarantee to prevent any damage or theft to my belongings.

I understand that the race entry is non-refundable and non-transferrable. If the event is cancelled, postponed, turned into a virtual or in person race or any other change I understand that I will not be able to obtain a refund and that this event is a fundraiser. I understand that Company has the right to pull my race number/disqualify me at any time if I try to sell my race number illegally (Craigslist, Facebook, etc). I also understand that if I illegally transfer my race number to another person, I release Company and all entities associated with the event. I will accept all responsibility for any legal or medical ramifications that may arise from an unauthorized transfer.

This AWRL shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. As a participating athlete, I certify that all the information provided on my race entry form is true and complete. I have read this AWRL, and certify my consent to the terms herein. 

I hereby understand and release Company and it’s affiliates from acts of God, weather, COVID-19 and all other diseases and illnesses, and any and all unforeseen events and actions leading up to, during and post event.

I understand that all participants must pick up their own registration packets. I understand that my friend or family member will not be able to pick up my packet for me.

I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: the Event Owners, Organizers and Promoters, Race Directors, Sponsors, Advertisers, Beneficiaries, Host Cities, Local Organizing Committees, Venues, Company, it’s employees and volunteers, and all municipal agencies whose property and/or personnel are used, 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 to my participation in the Event, including claims for Liability caused in whole or in part by the negligence 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 Liability which any may be incurred as the result of such claim.

I understand that this event route/pathway may be located solely or in a combination of roads, bicycle/running/walking trails, paths, pathways, boardwalks, sidewalks (herein collectively referred to as “pathways”) and that it may cross pathways that are not shut down. Even if volunteer, police, fire, ems, park ranger or any officer of the law or individual is near an intersection, whether they are directing traffic or not, it is my responsibility to stop, look both ways and if I deem it safe, to cross pathways at my own risk. I waive all rights to sue or claim negligence against Company whether the pathways are open or closed. Company is not responsible for any accidents, injury or death due to crossing the pathways as I am doing so under my own power, at my own risk and by my own judgment which I declare to be of sound body and mind. I also understand and agree to hold Company as well as the owners/managers of the pathways harmless for debris and natural objects that may have fallen or been placed on or near the pathways in addition to defects in/on the pathways which include but are not limited to raised areas, gravel, mulch, dirt, tree roots, cracks, holes, uneven surfaces, slippery and wet conditions, snow, ice and deteriorating portions of the pathways. 

I understand that this event may have a virtual component and possibly could be turned full virtual and Company has no liability of where I run, the conditions of the pathways or terrain. If I am on a pathway is my responsibility to stop, look both ways and if I deem it safe, to cross the pathways at my own risk. I waive all rights to sue or claim negligence against Company whether the pathways are open or closed. Company is not responsible for any accidents, injury or death due to crossing the pathways, uneven terrain or any other hazards on the pathway/route that I choose to run or walk as I am doing so under my own power and at my own risk.

I agree that Company has not instructed, encouraged, requested or inferred that I should run outside or in a public space and I am participating either in person or virtually at a location/s that I deem safe from COVID-19 and all other diseases. I agree that wherever I participate, inside or outside, virtual or in person, I am practicing social distancing and do not hold Company liable for any reason in regards to COVID-19 as I am doing so on my own free will. I agree that if I have COVID-19 I will not be able to attend nor participate in the event. Additionally if I have come into contact with anyone who has or had COVID-19 within the past 21 days I will not be able to attend nor participate. This includes participants and volunteers.

I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by registering for this event and participating herein (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I agree to this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for this registration 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. I have read this AWRL, and certify compliance by completing this registration which is the electronic equivalent of my signature.

PARENT GUARDIAN WAIVER FOR MINORS (Less than 18 years old)

If you are registering a participant under the age of 18 you agree and confirm that you are the Parent and/or Legal Guardian to the minor you are registering and that you have the authority to make legal decisions for the minor. I hereby accept and agree to all of the terms and conditions of this Agreement on behalf of the minor in connection with the minor's participation in the Event(s). The person registering the minor is the parent and natural guardian or legal guardian and does hereby represent that he/she is, in fact, acting in such capacity and agrees to save, hold harmless and indemnify each and all parties referred to above from any and all liability, loss, claim or damage whatsoever made as a result of participation in this event. I further certify that the athlete is in good physical condition, and that event officials have my permission to authorize emergency medical treatment, if necessary. I certify that the information provided on the race entry form is true and complete. If, despite this Agreement, I, or anyone on the minor's behalf, make 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 have read this AWRL, and certify compliance by completing this registration which is the electronic equivalent of my signature.