Waiver of Participation and Release of Liability

For and in consideration of my participation with Northeast Track Club (“NETC”) and ability to participate in any program, event or activity sponsored by NETC, (including but not limited to: Track Tuesdays, Tempo Thursdays, and Long-Run Saturdays, each of which is hereinafter known as a “Program” and known collectively as “Programs”), I hereby forever waive, release, hold harmless, discharge and relinquish for myself, and my heirs, next of kin, administrators, personal representatives, successors and assigns, any and all claims, rights, actions, suits or causes of action against NETC, NETC’s sponsors, other Program participants, coaches, officials, and owners of the various sites of Programs (hereinafter collectively referred to as “Releasees”) with respect to any and all injury (personal or otherwise), property damage, wrongful death or any other type of injury or damages arising out of my participation in any Programs, and/or any activities incidental thereto, including transportation to and from any Program, whenever or however they may occur or arise.

I fully understand and acknowledge that a Program may involve risks and dangers to my person including bodily injury, partial or total disability, paralysis, and death, and damages which may arise therefrom and I acknowledge and voluntarily assume all such risks and dangers in connection with my participation therein. I further understand and acknowledge that these risks and dangers may be caused by my own negligence or the negligence of others and I knowingly and voluntarily assume all such risks and dangers whether caused by my own negligence or the negligence of others. I further acknowledge that there may be risks and dangers that are not known to NETC or myself or are not reasonably foreseeable at this time and I voluntarily assume all such risks.

I represent and warrant that I am in good health, physically fit and in proper physical condition to participate in Programs, and that I have had the opportunity to seek the advice of a personal physician prior to participating therein. I further represent and warrant that I am at least eighteen (18) years of age; provided, however, that if this registration is for participation in a Program at a licensed site where alcoholic beverages are served, I represent and warrant that I am at least twenty-one (21) years old.

In consideration of allowed participation, in any way, in events and activities organized or sponsored by NETC, the participant acknowledges and agrees that:

1.      Running in and volunteering for NETC Programs, organized group runs, social or community service events, virtual runs or races are potentially hazardous activities, which could cause injury or death;

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;

3.      I will not participate in any NETC Program, organized group runs, social or community service events, virtual runs or races, unless I am medically able and properly trained. By participating, I certify that I am medically able to perform activities associated with NETC and am in good health, and am properly trained;

4.      I agree to abide by all rules established by NETC, including but not limited to those specifically outlined in the NETC Community Guidelines. Further I acknowledge the right of any official to deny or suspend my participation for any reason whatsoever;

5.      I hereby grant permission to NETC and all of the foregoing to use my personal data, photographs, motion pictures, recordings, or any other record for any legitimate promotional, marketing, or for-profit purpose related specifically to NETC, it’s sponsors, assigns, or subsidiaries;

6.      I understand that NETC related activities will be scheduled at various times and locations, both formally and informally. I understand that any and all activities in which I participate, whether physically with NETC members, or on my own, or with others at the suggestion, recommendation, or advice of NETC or its members, are included within the activities subject to this Waiver and Release;

7.      I acknowledge that if I sustain an injury or illness during an NETC event, that I will be responsible for my own medical assistance and that Releasees are in no way obligated to offer and administer and/or transport me to a medical facility;

8.      I acknowledge the contagious nature of communicable diseases and voluntarily assume the risk that I may be exposed to or infected by a communicable diseases by participating in any Programs associated with NETC. I acknowledge that such exposure or infection may result in personal injury, illness, permanent disability, and/or death; and

9.      I understand that since the onset of COVID-19, the circumstances surrounding contagious disease has changed dramatically. I accept full responsibility for familiarizing myself with the most recent up to date information regarding potential new infectious diseases, including new strains or variants of the COVID-19 virus. I understand participation in an NETC Program, related event or activity, could increase the risk of contracting a communicable disease. And with respect thereto, I further acknowledge and fully assume the risk of illness or death related to participating in the Program(s) and related activities and hereby release, waive, discharge, and covenant not to sue (on behalf of myself and any minor children from whom I have the capacity contract) Releasees from any liability which might occur as a result of my participating in the Program(s) and related activities.

I HAVE READ THIS WAIVER OF LIABILITY, RELEASE, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY PARTICIPATING IN NETC EVENTS. I AGREE TO THESE TERMS FREELY AND WITHOUT PROMISE OR INDUCEMENT EXCEPT AS SET FORTH HEREIN. THE RELEASE, WAIVER, ASSUMPTION OF RISK AND INDEMNITY HEREIN ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY LAW. IF ANY PORTION HEREOF IS HELD TO BE INVALID, I AGREE THAT THE BALANCE SHALL NOTWITHSTANDING CONTINUE IN FULL FORCE AND EFFECT. THIS AGREEMENT SHALL BE GOVERNED BY WASHINGTON, D.C. LAW, AND THE VENUE FOR ANY LITIGATION ARISING WITH RESPECT HERETO SHALL BE EXCLUSIVELY IN THE DISTRICT COURT OF WASHINGTON, D.C.

As a reminder, there is no signature process for this waiver. By participating in NETC activities, it will be automatically assumed that each person has read and agrees to these terms freely.