Team FX Agreements

Getting Closer! Now that you've given us your information, we're ready to sign on the dotted line and make it official. These agreements are required conditions for participation with TEAM FX. Upon completion of these agreements, we will move on to payment. Again, we're grateful for your participation!

Team member's name*
ALL MEMBERS - COMMITMENT TO THE TEAM FX SOCIAL MOVEMENT: I, the person submitting this entry, am aware that a requirement for entry is to agree to personally hold in my highest thoughts, regard, and respect and raise awareness for the SAFE Children’s Shelter (or the shelter in my community) and support Team FX by upholding the ideals mentioned in the team description. By signing this form, I understand that and certify my agreement by my acceptance of terms below. PLEASE CHECK ONE:*
- I am 18 years of age or over, and I accept these terms.
- I am the parent or legal guardian of this participant who is under 18 years of age, and I accept these terms.
COMMITMENT OF PARTICIPATION: Signature of person accepting these terms. (Please enter your full name.)*
COMMITMENT TO FUNDRAISING: I, the person submitting this entry, am aware that a requirement for membership at this level is to agree to personally raise awareness and funds for the SAFE Children’s Shelter (or the shelter in my community) in the amounts mentioned in the team description. By signing this form, I understand that I am liable for this amount and will pay whatever balance remains by the final fundraising deadline for this season, even in the event of injury or dropping out of the training. I have read this agreement carefully, and understand it, and certify my agreement by my acceptance of terms below. PLEASE CHECK ONE:*
- I am 18 years of age or over, and I accept these terms for fundraising.
- I am the parent or legal guardian of this participant who is under 18 years of age, and I accept these terms for fundraising.
FUNDRAISING: Signature of person accepting these terms. (Please enter your full name.)*
Today's Date*
MM slash DD slash YYYY
LIABILITY WAIVER. WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE TEAM FX, HIGH FIVE EVENTS, USATF OR ANY OTHER RACE ORGANIZATION PARTIES. 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. TEAM FX WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT LIABILITY WAIVER FOR TEAM FX, CAP10K, THE AUSTIN MARATHON & HALF MARATHON OR ANY RACE EVENT IN WHICH YOU PARTICIPATE: By indicating your acceptance, you understand, agree, warrant and covenant as follows: I, the person submitting this entry (and my child, if I'm signing as a parent or guardian), agree to abide by the rules and decisions of any event officials, and assume all risks associated within the event and any associated event or activities, including but not limited to falls, contact with other participants, effects of the weather, traffic, road conditions, all such risks being known and appreciated. I (and my child, if I'm signing as a parent or guardian) and anyone entitled to act on my (our behalf(s), assume all risks associated with participation, and waive any and all claims, and fully release, Team FX, Gary Walker, The SAFE Alliance, CAP10K, Austin Marathon and Half-Marathon, any race organization in which I participate, and any of their affiliates, including USATF, High Five Events, Event Dogs, and the City of Austin; and each of their respective parent companies, subsidiaries, affiliates, directors, officers, governors, attorneys, employees and agents, and all race day volunteers, event promoters, sponsors, their representatives and successors (referred to collectively as the "Released Parties"), from all claims, damages or liability of any kind arising from my (or my child's) participation in this event. I hereby release, waive, discharge, covenant not to sue, and agree to indemnify and hold harmless for any and all purposes the Released Parties from any and all liabilities, damages, claims, demands, or injuries, including death, that may be sustained by me resulting from or arising out of my participation in the Austin Marathon, Half-Marathon and 5K, Cap10K, or any race in which I participate, INCLUDING ANY SUCH DAMAGES, CLAIMS, DEMANDS, OR INJURIES, INCLUDING DEATH, CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR OTHER ACT OR OMISSION OF THE RELEASED PARTIES, OR BY A PRE-EXISTING DEFECT. I understand that this agreement to indemnify and hold harmless does not apply to injuries caused by intentional or grossly neglected conduct. I grant full permission to any and all of the foregoing to use my (and my child's) name, or photographs, videos, and other recordings of participation in this event, without obligation or liability to me (and my child). I also understand that entry fees are not refundable. I have read this agreement carefully, and understand it, and certify my agreement by my signature below. I understand and agree that this Waiver and Release shall bind my heirs, assigns, successors, and personal representatives, including my spouse and members of my family, and shall be governed by the laws of the State of Texas. IN CONSIDERATION of USA Track & Field ("USATF") allowing me to participate in any USATF 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 track & field, road running, race walking, cross country, mountain, ultra and trail running Events 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; 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"). 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 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 the Event. 3. I agree to be familiar with and abide by the Rules and Regulations established for the Event, including but not limited to the Competitive Rules adopted by USATF and the Guide to Prohibited Substances and Prohibited Methods of Doping adopted by the United States Anti-Doping Agency. I also 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: Team FX, The SAFE Alliance, Gary Walker, the Austin Marathon and Half Marathon and 5K, Cap10K, High-Five Events, USATF, 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 attorneys 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 in whole or in part 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. 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 the minor, 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. PLEASE CHECK ONE:*
- I am 18 years of age or over, and I accept these terms of participation.
- I am the parent or legal guardian of this participant who is under 18 years of age, and I accept these terms of participation.
LIABILITY: Signature of person accepting these terms. (Please enter your full name.)*
Today's Date*
MM slash DD slash YYYY

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TeamFX Austin

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