WAIVER & RELEASE OF LIABILITY FOR PARTICIPANTS
AGREEMENT & RELEASE OF LIABILITY
By signing below, I confirm that I have voluntarily registered to participate in Lam Research Heart & Soles Run, hosted by the Silicon Valley Leadership Group Foundation. I am aware that my participation in this running/walking event and THE SPORTS OF RUNNING AND WALKING INVOLVE NUMEROUS RISKS OF INJURY, including, but not limited to, falls, condition of the course, breathing difficulties, the effects of weather, loss of control, collisions with other participants, traffic and natural and man-made objects and I voluntarily assume those risks, as well as those that may not be apparent. I confirm that I am physically fit and have trained appropriately for completion of this event.
COVID-19 & INFECTIOUS DISEASES
I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed or infected by COVID-19 by attending or participating in the Event. I agree to comply with and adhere to any and all required COVID-19-related safety practices instituted by the Silicon Valley Leadership Group Foundation required for participation at the Event. I agree to comply with all CDC and event organizer guidelines, present or future, as necessary. I agree that I will not participate in the Event should I develop clear symptoms and/or receive a positive test for COVID-19 in the fourteen days prior to the Event.
As lawful consideration for being permitted by the Silicon Valley Leadership Group Foundation to participate in the Lam Research Heart & Soles Run, I AGREE TO RELEASE FROM ANY LEGAL LIABILITY AND AGREE NOT TO SUE the Silicon Valley Leadership Group Foundation, the City of Santa Clara, Santa Clara University, Palmer College of Chiropractic West, Lam Research, their trustees, officers, volunteers, agents, corporate sponsors and employees for any and all injuries caused by or resulting from any participation in the Lam Research Heart & Soles Run for the sports of running and walking, whether or not such injury or death was caused by alleged negligence.
PUBLICITY AND PHOTO RELEASE
By signing this release, I consent to my voice, name, and/or likeness being used, without compensation, in any and all media in perpetuity. I hereby release the Silicon Valley Leadership Group Foundation and all of their sponsors, partners, and affiliates as well as their successors, assigns, and licensees from any liability.
EMAILS & NON-REFUNDABILITY
I acknowledge that providing my email address on the entry form entitles the Silicon Valley Leadership Group Foundation to email me regarding related topics. I also understand that my registration for this event is non-refundable and non-transferable.
PARENTS/GUARDIAN WAIVER FOR MINORS (UNDER AGE 18)
The undersigned parent and legal guardian does hereby represent that they are, in fact, authorized to act on behalf of the minor and are acting in such capacity and agree to hold harmless and indemnify the Silicon Valley Leadership Group Foundation, as well as each and all of the parties referred to above from all liability, loss, claims, and damages that may arise from the Lam Research Heart & Soles Run. In addition, the parent or legal guardian accepts full responsibility for the care and supervision of the registered minor during the above-described event.
USA Track and Field Insurance
For and in consideration of USA Track & Field, Inc. (“USA Track & Field” or “USATF”) allowing me, the registrant, to participate in the USA Track & Field 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 this Agreement is also agreed to by my parent, natural guardian, or legal guardian (the “Guardian”));
(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 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, 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 sports of track & field and related activities, including without limitation, the potential for serious bodily injury, sickness and disease (including
communicable 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 in Section 4 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 or the actions or inactions of others participating in or organizing the Event, 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,
except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties (as defined in Section 4 below).
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 Competition Rules adopted by USA
Track & Field 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 the following parties, as relevant and applicable in each
instance: USATF, its members, clubs, associations, sport disciplines and divisions; United States Olympic Committee (USOC); the event directors, the host organization
and the facility, venue and property owners or operators upon which the Event takes place; and any other organizers, promoters, sponsors, advertisers, coaches and
officials for this Event; 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 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, except to the extent caused by the gross negligence
and/or willful misconduct of any 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 may be incurred as the result of
such claim, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties, as relevant and applicable in each instance.
5. As a condition of my participation in the Event, I hereby grant USA Track & Field, the event director and host organization 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 the 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.
I hereby warrant that I (or the 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.
If the participant is under the age of 18, the Guardian hereby agrees to release and discharge the Released Parties 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, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties.