Terms & Conditions

Race Participation Waiver Form Number 1

Preface:

The minimum age for the Event is 13 unless the event is designated as a Kids’ Race.  ALL participants must read and initial waivers listed below.  If registering for an event electronically, you acknowledge and agree to the terms of this Waiver.  Those under 18 must have a legal guardian read and initial waivers listed below.

WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE USA ENDURANCE SPORTS, LLC, bda “USA ENDURANCE” AND OTHER PARTIES. DO NOT ENTER INTO THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.

Waiver Form Number 1:

WAIVER AND RELEASE OF LIABILITY

           ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

IN CONSIDERATION of USA ENDURANCE SPORTS, LLC, dba USA ENDURANCE, a Nevada Limited Liability Company (“USA ENDURANCE”), allowing me to use and/or access USA ENDURANCE’s registration system, 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, assigns, agents, and representatives, hereby fully release USA ENDURANCE, its officers, agents, representatives, employees, subsidiaries, and contractors (collectively, “Released Parties”) from any and all liabilities, claims, causes of action, or suits arising from or connected to my use of USA ENDURANCE’s registration system, including without limitation, my participation in any events for which I registered using USA ENDURANCE’s registration system (“Events”). 

THE EVENTS MAY INVOLVE INHERENTLY DANGEROUS ACTIVITIES.  I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, permanent disability, paralysis and death; loss or damage to property; exposure to extreme conditions and circumstances; accidents, illness, 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 Event Organizers; and other undefined harm or damage which may not be readily foreseeable, and other 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 acts, inaction or negligence of the Released Parties, 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. 

I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the Released Parties 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 or the use of USA ENDURANCE’s registration system, including without limitation 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, including all reasonable attorneys’ fees incurred in connection therewith.  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 entering into it (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 have signed this Agreement freely and voluntarily, 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 remaining provisions.  This Agreement shall be governed by the laws of the State of Nevada, irrespective of conflict of law principles.  All actions arising from or related to this Agreement or your use of USA ENDURANCE’s registration system shall be tried exclusively in Clark County, Nevada.  You hereby consent to the jurisdiction of said County or District Court and waive any and all objections regarding jurisdiction or venue.  By using USA ENDURANCE’s registration system, you agree to be bound by the terms herein.

Race Participation Waiver Form Number 2

Preface:

WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE USA ENDURANCE SPORTS, 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.  BY REGISTERING FOR AN EVENT YOU ACKNOWEDGE AND AGREE TO THE TERMS OF THIS WAIVER.

Waiver Form Number 2:

WAIVER AND RELEASE OF LIABILITY

ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

IN CONSIDERATION of USA ENDURANCE SPORTS, LLC and USA TRACK AND FIELD allowing me to participate in any USA TRACK AND FIELD sanctioned event the “Event” or “Events” as either a member of USA TRACK AND FIELD or non-member of USA TRACK AND FIELD, 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”;

1.       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 and will not be 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.

2.        I understand and acknowledge the physical and mental rigors associated with foot racing, and realize that running 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 involves risks and dangers which include, without limitation, the potential for serious bodily injury, permanent disability, paralysis and death; loss or damage to property; exposure to extreme conditions and circumstances; accidents, illness, 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 Event Organizers; and other undefined harm or damage which may not be readily foreseeable, and other 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 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.

3.        I agree to be familiar with and abide by the Rules and Regulations established for the Event, including but not limited to the Competitive Rules adopted by USA TRACK AND FIELD and the Guide to Prohibited Substances and Prohibited Methods of Doping adopted by the United States Anti-Doping Agency.  I also 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:  USA ENDURANCE SPORTS, LLC, USA TRACK AND FIELD, USA TRIATHLON, the Event Organizers and Promoters, Race Directors, Sponsors, Advertisers, Host Cities, Local Organizing Committees, Host Cities, Host Agencies and Departments, Venues and 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 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 signing it (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 have signed this Agreement freely and voluntarily, 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 remaining provisions.