Waiver of Claim
SPECTRUM TRAIL RACING AND USATF WAIVER OF LIABILITY AND ASSUMPTION OF RISK
For and in consideration of USA Track & Field, Inc., its affiliates, members, member clubs, associations,
sport disciplines and divisions (“USATF”) allowing me, the undersigned, to participate in the USATF
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 older (or that this document is also
agreed to by my parent or legal guardian); and (ii) I am in good health and in proper physical condition to
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 (as defined 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, 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 all the rules and regulations established for the Event,
including but not limited to any Competition Rules adopted by USATF, any anti-doping rules as
established by the appropriate entity, 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 USATF, and, if applicable, the following parties: United States Olympic Committee (USOC);
the event directors, Event Data Solutions, Inc., organizers and promoters, sponsors, advertisers, coaches and officials; the local
organizing committee 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.
5. I hereby warrant that I (or my parent, natural guardian, or legal 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.
6. As a condition of my participation in the Event, I hereby grant USA Track & Field, Inc. 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 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.
7. I certify that the birth date and age information provided in my member profile and confirmed at the
beginning of the entry process is true and accurate.
8. If the participant is under the age of 18, the parent, natural guardian, or legal guardian (the
“Guardian”) hereby agrees to release and discharge USATF 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, including claims for Liability caused in whole or in part by the
negligent acts or omissions of the Released Parties.
FLAT ROCK RANCH LIABILITY WAIVER
Trail running is a hazardous experience or activity with varying surface and environmental condition. It is different than road running in that it is done on partially improved and unimproved trails and roads, as well as on naturally rugged terrain. In consideration of receiving permission to enter upon the property, Flat Rock Ranch, or the owners, the Dreiss Family, the undersigned/participant hereby releases and discharges and forever acquits Flat Rock Ranch and owner of their respective officers, directors, servants, employees, and agents of any and all liability claims and demands including all attorney fees incurred in defense there of arising out of whatever expressed or implied of Flat Rock Ranch or the owners and their respective officers, agents, servants, and employees while at Flat Rock Ranch arising out of or as a result of the undersigned participating in any activity of any type on Flat Rock Ranch including but not limited to mountain biking. The liability release shall be binding upon the assignee, distributors, heirs, next of kin, and administrators of undersigned and may be pled by Flat Rock Ranch and the owners as a complete bar defense against any claim, demand, action, or cause of action by or on behalf of the undersigned.
By signing this liability release, the participant hereby acknowledges and expressly represents that:
1. Participant is duly aware of the risks and hazards inherent upon entering Flat Rock Ranch.
2.Participant elects voluntarily to enter Flat Rock Ranch and run on the premise.
3. Participant assumes the duty of knowing the present condition of Flat Rock Ranch.
4. Participant recognizes that Flat Rock Ranch may become more hazardous and dangerous during the time the undersigned is present on Flat Rock Ranch.
5. By virtue of the participant's presence on Flat Rock Ranch, the participant acknowledges participant is acceptance of the condition of Flat Rock Ranch and all risks attendant thereto. Participant agrees to stay on marked trails.
6.Participant recognizes that falls and collisions with pedestrians, and other mountain bikes and vehicles do occur and assumes all risks and responsibility for such accidents and injuries.
7. If I sustain any injury as a result of any of the aforementioned risks and hazards, I agree not to sue any of the above mentioned.
8. Participant is over 18 years of age and is of sound mind or that he/she is younger than 18 years of age, he/she is accompanied by a parent or guardian who is over 18 years of ago and of sound mind who has read the foregoing liability release, understands it and signs it voluntarily. Furthermore the undersigned being at least 18 years of age indemnifies the aforementioned entitles against any and all claims which may result from minor participation in the aforementioned activity.