By registering for a Via Marathon event, I agree, warrant and covenant as follows: In consideration of Via’s acceptance of this event registration, I, undersigned, do hereby waive and release Via Events, Inc. (and its affiliates, Via of the Lehigh Valley, Inc. and Via Foundation, Inc.), SVE Mid-Atlantic Timing, Freedom High School, the City of Allentown, the City of Bethlehem, the City of Easton, the County of Lehigh, the County of Northampton, the Pennsylvania Department of Transportation, the Township of Salisbury, the Township of Bethlehem, the Township of Palmer, the Township of Lower Macungie, the Borough of Freemansburg, the Borough of Wilson and any other municipality, if any, which the event route goes through, all officials and employees, officers and directors of the aforementioned, all volunteers, all sponsors, officials, race directors, and their representatives, successors, and assigns from any and all injuries and/or death, damages (including but not limited to direct, indirect, incidental, special or consequential damages, including, for example, lost wages), liabilities, claims, costs and expenses arising from or in connection with my participating in this event. I accept all risks associated with participation in this event including but not limited to sickness, injury, fall, effects of the weather, route conditions, or contact with non-participants or other participants. I attest that I am physically fit and have sufficiently trained for this event. I understand that my registration fee and all associated costs are non-refundable. I understand that headphones, animals on or off leashes, bicycles, skates, skateboards, baby joggers/strollers, and bandit pacers are prohibited and violation will result in disqualification. I understand that if I am an early bird starter, the race course does not officially open until the official lead vehicle or lead cyclist passes me. All participants should be able to complete the course within an average of a 14-minute per mile pace. I understand that course maintenance and street closures will cease along the course based on average of a 14-minute per mile pace, with all maintenance ceasing at noon. I agree as a walker to move aside to allow runners to pass freely. I agree to abide by any and all rulings of event officials, even if such ruling results in my disqualification. I have read and understand the rules set forth by the USTAF pertaining to long distance running and agree to abide by them. I have read and understand that any photographs, videos, or other records of this event which may include my name, image or voice, become the property of Via Events, Inc. and may be used for any legitimate purpose, including but not limited to promotions benefiting Via Events, Inc. (or its affiliates, Via of the Lehigh Valley, Inc. or Via Foundation, Inc.). I have read and fully understand the terms of this event registration, waiver and release. I understand that I am voluntarily giving up substantial rights by clicking “I agree” or signing below and I intend my clicking “I agree” or my signature below to be a complete and unconditional waiver and release of liability to the fullest extent allowed by the law. If I am registering third parties, I represent and warrant that I have been duly authorized to act as agent on behalf of such parties in performing this event registration. I agree to indemnify, defend and hold Via Events, Inc. (and its affiliates Via of the Lehigh Valley, Inc. and Via Foundation, Inc.) and their respective officers, directors, employees and volunteers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with my participation in this event. By completing this event registration, waiver and release, I agree that the statutes and laws of the State of Pennsylvania, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration, waiver and release. I agree that exclusive jurisdiction for any dispute with Via Events, Inc. (and/or its affiliates Via of the Lehigh Valley, Inc. or Via Foundation, Inc.) with respect to this event registration, waiver and release resides in the courts of the State of Pennsylvania and I further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Pennsylvania in connection with any such dispute If any provision of this event registration, waiver and release shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this event registration, waiver and release and shall not affect the validity and enforceability of any remaining provisions. When registering a relay team or multiple participants in one transaction, all participants agree to the waiver.
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 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; (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 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; 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 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 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 Track & Field, Inc., its members, 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 remaining provisions.