SPEED TECHS LLC

RELEASE AND WAIVER OF LIABILITY AND INDEMNITY

AGREEMENT

 

PLEASE READ CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS.

 

In consideration of being allowed to participate in any way in a Speed Techs training program, meet, event, or activity (an “Event”), I, on behalf of myself, and my participant child or ward (if applicable,

in which case “I,” “me,” and “my” in the following provisions shall also apply to my participant child or ward, as appropriate), and

my personal representatives, heirs, assigns, and next of kin, acknowledge and agree that:

 

1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis

and death, and while particular skills, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist;

 

2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF

ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERS, AND ASSUME FULL

RESPONSIBILITY FOR MY PARTICIPATION. I hereby certify that I am healthy and capable of participating in one or more Speed Techs Events;

 

3. I willingly agree to comply with the stated and customary terms and conditions for participation. I also agree that I will inspect the facilities and equipment to be used, and if I observe any unusual hazard or anything unsafe during my presence or participation, I will bring this to the attention of Speed Techs and remove myself from participation immediately;

 

4. I will respect the spirit of fair play, clean competition and non-violence, and behave accordingly on and off the track, and I agree to comply with and be bound by Speed Techs Code of Conduct, which can be found at this link:  Speed_Techs_Code_of_Conduct.docx

 

 

5. I further agree to abide and be bound by the rules, regulations, and Handbook LINK TO BE ADDED and policies of Speed Techs, as well as the rules, policies and procedures promulgated by AAU and USATF, as they may be amended from time to time. I agree to be subject to the jurisdiction of the AAU and USATF and agree that any sanctions imposed by the entities extend to my participation in all Speed Techs events or activities, or events and activities of other Track and Field, and that such sanctions may be posted publicly and may include information regarding the misconduct involved. Information about the AAU can be found at this link: https://aausports.org/Governance-Policies/AAU-Codebook.  Information about the USATF can be found at this link: https://www.usatf.org/governance

 

6. I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE SPEED TECHS (AND EACH OF THEIR

RESPECTIVE AFFILIATES, ADMINISTRATORS, DESIGNEES, LICENSEES, AGENTS, COACHES,

OFFICERS, DIRECTORS, AND EMPLOYEES), OTHER PARTICIPANTS, OPERATORS, VENDORS,

SPONSORING AGENCIES, SPONSORS, ADVERTISERS, AND OWNERS AND LESSEES OF PREMISES USED IN CONNECTION WITH AN EVENT (“RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY,

DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY ASSOCIATED WITH MY

PRESENCE OR PARTICIPATION, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW;

 

7. I HEREBY AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY EACH OF THE RELEASEES FROM ANY LOSS, LIABILITY, CLAIM, DAMAGE, JUDGMENT, LEGAL FEES, OR COSTS ARISING FROM OR INCURRED DUE TO MY PARTICIPATION IN OR OTHERWISE IN CONNECTION WITH THE EVENT, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW;

 

8. I am responsible for all property I bring into the Speed Techs Event sites, and I agree that the Releasees shall have no responsibility for any loss or damage to my property;

 

9. I irrevocably grant to Speed Techs and its designees, agents and licensees (with no obligation to compensate me) the right and license, throughout the world, in any and all forms of media currently existing or hereafter created, to use, reproduce, adapt, publicly distribute, perform, display, broadcast, acquire, activate, retain, and transmit my name, nickname, initials, autograph, facsimile signature, voice, biographical data, statements, performance, video and/or film portrayals, photograph and/or electronic likeness and image and/or facsimile image of me in connection with (i) the promotion of the sport of track; (ii) the promotion or exhibition of one or more track events sanctioned or organized by Speed Techs ; and/or (iii) any non-commercial use. I understand that Speed Techs may not use my image in a manner that creates or implies an endorsement of a commercial product or service without my prior consent and represent and warrant that I have the right to grant such consent on behalf of myself.

 

10. I expressly agree that (a) this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT is governed by the laws of the State of Louisiana, USA, and is intended to be as broad and inclusive as is permitted by Louisiana law, and that if any portion hereof is held invalid, it is agreed that the balance shall nonetheless continue in full legal force and effect; and (b) for the purposes of any action or proceeding arising out of or related to this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, I expressly submit to the jurisdiction of all federal and state courts located in the State of Louisiana.

 

 

11. I certify that I have NOT:

 

a. Been convicted of, received a deferred sentence or adjudication for, or pled guilty or no contest at any time for, have been charged with (a diversion agreement will be considered a charge unless and until the agreement is fulfilled and the charge(s) dismissed), or have a pending charge for, any felony or misdemeanor or other crime involving vehicular bodily harm. For purposes of clarity, this includes juvenile offenses if such offense would fall under any of these categories in the prior sentence, if they were committed by an adult.

 

b. Had any interim measures, suspension, sanctions, or other penalties imposed on me by any National Governing Body, AAU, or USATF

 

c. Had any interim measures, suspension, sanctions, or other penalties imposed on me by my school, university, school district, or another sport organization, for any physical violence, sexual misconduct, sexual harassment, or any misconduct resulting in expulsion.

 

For Parents/Guardians of Participants of Minority Age

 

THIS IS TO CERTIFY THAT I, AS PARENT/GUARDIAN WITH LEGAL RESPONSIBILITY FOR THIS PARTICIPANT, DO CONSENT AND AGREE TO HIS/HER RELEASE AS PROVIDED ABOVE OF ALL THE RELEASEES, AND, FOR MYSELF, MY CHILD AND OUR HEIRS, ASSIGNS, AND NEXT OF KIN, I RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROM ANY AND ALL LIABILITIES INCIDENT TO MY MINOR CHILD’S INVOLVEMENT OR PARTICIPATION IN THESE PROGRAMS AS PROVIDED ABOVE, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, TO THE FULLEST EXTENT PERMITTED BY LAW. I ALSO CERTIFY THAT THE RESPONSE TO ITEM 11 ABOVE IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.