TRACKTOWN USA PARTICIPANT WAIVER
TrackTown USA Participant Liability Wavier and Release
NCAA/HIGH SCHOOL ELIGIBILITY. I understand and agree that if I am, or may become, a student-athlete, I am responsible for my own eligibility and/or amateur standing. I am aware of, and agree to comply with, all applicable rules, regulations, and bylaws of my state association, the NCAA and of any other governing body (“the Rules”). I understand the consequences of any failure to comply with the Rules, including but not limited to, loss of my eligibility to participate in future athletic contests in any sport.
*Please Read Carefully*
For purposes of this “Participant Waiver,” the term “Events” refers collectively to any and all events, activities, programs, or training sessions organized, hosted, sanctioned, or otherwise affiliated with TrackTown USA, whether now or in the future, and regardless of date or location. This includes, without limitation, any TrackTown USA event I participate in during the current or any future event season, in any capacity, including as an athlete, volunteer, contractor, or staff member.
“TrackTown USA” includes, collectively, Track Town USA, Inc., Track Town Events, LLC, TrackTown International, LLC, and each of their affiliates, subsidiaries, successors, assigns, and licensees. In consideration of the opportunity to participate in any such Event, I acknowledge and agree that:
1. WAIVER AND RELEASE
I, FOR MYSELF AND ON BEHALF OF MY HEIRS, ESTATE, INSURERS, SUCCESSORS AND ASSIGNS, HEREBY FULLY AND FOREVER RELEASE AND DISCHARGE TRACKTOWN USA, THE UNIVERSITY OF OREGON, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, REPRESENTATIVES, CONTRACTORS, AND INSURERS, AS WELL AS ALL EVENT SPONSORS, ADVERTISERS, VOLUNTEERS, AND STAFF, AND ALL OWNERS OR LESSORS OF PREMISES USED IN CONNECTION WITH THE EVENTS (COLLECTIVELY THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION I MAY HAVE FOR DAMAGES FOR PERSONAL OR BODILY INJURY, DISABILITY, DEATH, LOSS OR DAMAGE TO PERSON OR PROPERTY RESULTING FROM OR ARISING OUT OF MY PARTICIPATION IN ACTIVITIES, INCLUDING WITHOUT LIMITATION ANY CLAIMS ARISING FROM MY EXPOSURE TO OR CONTRACTION OF INFECTIOUS DISEASES OR THE EFFECTS THEREOF, BUT EXCLUDING CLAIMS ARISING FROM THE RELEASED PARTIES’ GROSS NEGLIGENCE OR RECKLESS OR INTENTIONAL MISCONDUCT.
2. ASSUMPTION OF RISK
Participation in or attendance at the Event involves inherent risks and dangers of accidents, personal and bodily injury (including death) and property loss or damage. These may result from my own actions or inactions, as well as the actions or inactions of others, the rules of play, and the condition of the facilities and equipment. I voluntarily choose to assume all such risks and assume full responsibility for my participation. I consent to treatment in the event of an emergency and agree to pay all associated costs. I agree to indemnify and hold harmless the Released Parties from any claims arising from such care.
3. INFECTIOUS DISEASE COMPLIANCE
I agree to comply with all public health guidance and workplace policies of TrackTown USA in response to infectious diseases. I acknowledge that exposure is possible even with mitigation efforts, and I accept the associated risks.
4. AUTHORIZATION TO RECORD AND USE RECORDINGS, NAME AND EVENT INFO
I hereby grant TrackTown USA and its partners, sponsors, and licensees permission to film, photograph, and otherwise record my name, image, likeness, biographical information, or voice at the Event (collectively the “Recording”) and the right to use all or any portion of the Recording, in any format now known or later developed, for any lawful purpose, including commercial purposes – including but not limited to social media, promotional, marketing, and documentary-style content – without further notice or compensation. I waive any right of approval or claim related to such use, including any claims for defamation or invasion of privacy.
5. LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS
I grant to TrackTown USA a perpetual, irrevocable license to use any feedback I share, without notice, compensation or acknowledgment, for any lawful purpose including marketing and service improvement.
6. NOTICE: ARBITRATION AGREEMENT
This Agreement includes a binding arbitration clause. By signing below, you agree to resolve disputes with TrackTown USA and the Released Parties exclusively through final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Hearings will be held in Eugene, Oregon unless otherwise agreed. Oregon law governs this Agreement.
7. SEVERABILITY
If any provision of this Agreement is found to be invalid, the remaining provisions shall remain in full force and effect.
8. PRIVACY NOTICE
I understand that TrackTown USA may collect limited personal information such as my name and email address for the purposes of event administration and communications. TrackTown USA handles such information in compliance with the Oregon Consumer Privacy Act and does not sell or use personal data for targeted advertising.