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Event Waivers

WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE USA TRIATHLON AND OTHER PARTIES AS DEFINED BELOW, INCLUDING BUT NOT LIMITED TO AMERICA MULTI-SPORT, INC., ITS OFFICERS, EMPLOYEES, SUBCONTRACTORS, AND VOLUNTEERS. 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.


WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT IN CONSIDERATION of AMERICA MULTI-SPORT, INC. allowing me to participate in any AMERICA MULTI-SPORT, INC. sanctioned event (the "Event" or "Events"); 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 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 triathlon, duathlon, or other multi-sport events, including a Mud-Man obstacle course, and realize that running, bicycling, swimming and/or other portions of such Events, including muddy obstacle courses, 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; obstacle design; obstacle construction; 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").


3. 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 herein, 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.


4. I agree to be familiar with and abide by the Rules and Regulations established for the Event, including but not limited to the rules adopted by MUNCIE MULTI-SPORT, INC. I also accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my chosen clothing and equipment.


5. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: MUNCIE MULTI-SPORT, INC., the Event Organizers and Promoters, Race Directors, Sponsors, Advertisers, Host Cities, Local Organizing Committees, 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 attorney’s 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 inwhole or inpart 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.


6. 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 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.


USA Track Field WAIVER


For and in consideration of USA Track & Field, Inc. (USATF) allowing me, the undersigned, to participate in the USATF 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 persons 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 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 USATF Bylaws, Operating Regulations, and Competition Rules established for the Event, including 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: the USOC, USA Track & Field, Inc., its Associations and Sport Disciplines, Event Organizers, Event Directors and Promoters, Sponsors, Advertisers, Coaches and Officials; Venue 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 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.


COVID-19 INFO and Precautions


We strongly encourage maintaining the recommended 6ft social distance per CDC guidelines. This should be pretty easy considering we've drastically reduced the number of people per race with staggered start times and you're in the great outdoors on over 75 acres. Please be mindful of others in this regard. Currently, masks will be required in the congregating areas such as check in, start/finish line etc. Once you are on the course it is up to each individual if they want to wear a mask or not. Hand sanitizer will be available if needed/asked for at each water station.


If you or anyone you've been in recent contact with has or is displaying symptoms of COVID-19, you should remain at home. If you are waiting on the results of a COVID-19 test, you should remain at home. By registering for this event, you acknowledge the inherent risk of contracting an illness via proximity to other people.


We will continue to monitor the situation and will take all necessary precautions to protect the health and safety of our participants, staff, volunteers and spectators.


5k Dog Participation WAIVER


- One dog per human participant

- Human participant must be at least 16 yrs old

- Dog must be leashed at all times.

- Leash must be nonretractable and 8 ft in length or less.

- Dog waste must be cleaned up immediately.


POLICIES


STROLLERS

With many of the trails hosting single track sections, multiple races and multiple loops, please do not bring a stroller onto any trail run courses. With that being said, please note the minimum age to participate in a Viking Dash Trail Run is 6.


RACE FEE REFUNDS

There are no refunds for athletes who withdraw or do not show up for a America Multi-Sport event.


RACE TRANSFERS

An athlete can transfer registration to a different distance within the same event. Athletes must pay any price increases or race upgrades. Athletes cannot roll a race over to the following year.


Transfer Policy

We understand that things come up and life sometimes gets in the way of your plans to race. We have come up with some options for you the athlete to change your race plans. Listed below is the information on transfers and how they can be completed.


If you have any questions please contact us at [email protected]


Same Athlete Switches within a race (i.e. Sprint to Olympic) Athletes are allowed to switch to a different race distance within the same race day. Most race days are going to have multiple races within the race 5K, 10K, 13.1 etc.) An athlete may complete this transfer through their confirmation email. There will be a $9 fee charged to the athlete’s account. This transfer must be complete by the Thursday before the race by 11:59PM. Athlete Transfers their registration to another person (i.e. Mike Jones to Sarah Jones)


Athletes are allowed to transfer their registration to another athlete before race day. An athlete may complete this transfer through their confirmation email from Active. There will be a $9 fee charged to the athlete’s account! This transfer must be complete by the Thursday at 11:59 PM before the race.


Same Athlete Switch from One Race to Another

An athlete may transfer a registration from one race to another. The athlete must email at [email protected] and request a transfer. This must be completed by 5PM on Wednesday of the week of the earliest race in the desired switch. A code will be given to the athlete for 50% of the cost of race fee for the race being switched into. The race must be the same type of race or the athlete will have to pay the price difference. The athlete will not be refunded the fee of the race they originally registered for and be cancelled from the original race.


CANCELLATION OF AN EVENT

If a race is cancelled or delayed due to severe weather, act of God, security/safety concerns, government orders and or any action deemed a suitable high risk for the organizer and its operational systems: no refunds or credits will be issued. America Multi-Sport also reserves the right to alter or cancel any portion of a race.


Timing Chip

Lost/stolen/swallowed by a bass fish in the lake: Either way; we reserve the right to charge your registration account $35 to replace it. Make sure you hand it back at the Finish Line!

AUTHORIZATION FOR PHOTO/VIDEO USE

Any pictures/videos captured of you on race weekend may be used by America Multi-Sport for promotional purposes.


Race size policy

If an event sub-category is less than 50 participants at the finish line: We will not offer AG awards


Post race mailings of SWAG:

We are happy to mail you just about anything from the race; awards, shirts, plaques…however; we ask you send an e-mail to [email protected] and we’ll require a check for $9.00 be sent for the shipping. You will have 2 weeks to request to pick up any awards, etc.