TrackTown USA Participant Waiver
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 “Volunteer Waiver” document, the term “Event” or “Events” will refer to all 2025 events operated by or in association with TrackTown USA in Oregon, California or any other location and its associated trainings that I may attend now or in the future, at any locations it may be held, any and all transportation to, from and between any TrackTown USA event locations, all product given/provided at any TrackTown USA event, and all other activities related to any TrackTown USA event and to my participation in any TrackTown USA event. “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. Terms for this “Volunteer Waiver” expire December 31, 2024. In consideration of the opportunity to participate in one or more Events, 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 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 VOLUNTEER ACTIVITIES, INCLUDING WITHOUT LIMITATION ANY CLAIMS ARISING FROM MY EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER 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. Further, there may be other risks not known to me and not reasonably foreseeable at this time. I have considered the nature and extent of the risks involved, and I voluntarily choose to assume all such risks, both known and unknown, and assume full responsibility for my participation in the Event. I consent to treatment in the event of an emergency or other incident in which, in the reasonable judgement of the on-site personnel, I require medical care. I further agree to pay all costs associated with such medical care and to indemnify and hold harmless the Released Parties from any costs or claims arising from such medical care.
3. COVID-19 AND OTHER INFECTIOUS DISEASES ASSUMPTION OF RISK AND COMPLIANCE. I expressly affirm that I will abide by any and all public health guidance and orders from the Oregon Governor’s Office, the Oregon Health Authority, and the Centers for Disease Control, and such other federal, state or local health authorities with authority over the jurisdiction where the Event is being held, recommending any mitigation measures in response to COVID-19 and other infectious diseases. I agree to comply at all times with all applicable local, state, and federal laws, regulations, orders and guidance with respect to the workplace and workforce, including without limitation, all laws, regulations, guidance and orders implemented to prevent the spread and transmission of COVID-19 or other infectious diseases, including without limitation rules and recommendations regarding face coverings, social distancing, and other guidance. I will similarly comply at all times with all reasonable workplace policies of TrackTown USA implemented to prevent the spread and transmission of COVID-19 or other infectious diseases. If I develop symptoms of illness immediately prior to or during an Event then I will immediately follow relevant health guidance, will inform TrackTown USA and will cooperate with TrackTown USA’s efforts to mitigate further spread to other volunteers, participants, or others. I hereby expressly affirm that I am aware and acknowledge that TrackTown USA cannot prevent the possibility of exposure to COVID-19 and other infectious diseases at its Events or during any transportation to, from and between any Event, and I further affirm that I am aware of and acknowledge the potential health risks that may occur if I am exposed to COVID-19 or other infectious diseases, including but not limited to injury or death to myself, family members, or other individuals to whom I’m in close contact with.
4. AUTHORIZATION TO RECORD AND USE RECORDINGS, NAME AND EVENT INFO. I hereby grant TrackTown USA permission to film, photograph, video record and otherwise record my image, voice, or any other aspect of the recording at the Event (collectively the “Recording”) and the right, throughout the world, in perpetuity, to register for copyright, to use and to assign and/or license others to use all or any portion of the results thereof (or a reproduction thereof), for commercial and non-commercial purposes , in all media and in any manner now known or hereafter developed, in connection with the Event or otherwise without any additional consideration. I shall have no right of approval and no legal claim arising out of any use or editing of the Recording or my name (including any right of publicity).
5. LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. I hereby grant to TrackTown USA a perpetual, irrevocable license to use all comments, feedback and ideas I may share with it, without notice, compensation or acknowledgement to me, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
6. ARBITRATION. In the event of any dispute between me and any of the Released Parties (defined above), such dispute shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (but not its Procedures for Large, Complex Commercial Disputes). The hearing shall be conducted in Eugene, Oregon unless both parties consent to a different location and this Participant Release shall be governed by Oregon law, without reference to its conflicts of law principles. The decision of the arbitrator shall be final and binding upon all parties, and judgement upon the award rendered pursuant to such arbitration may be entered in any court of competent jurisdiction.
7. SEVERABILITY. If any portion of this agreement is held to be invalid, the remaining portions will survive in full force.