By buying this product, you and your Parent/Guardian (if applicable) accept the following Waiver:
RELEASE AND WAIVER
Garden State Track Club RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND
WITH PARENTAL CONSENT (“AGREEMENT”)
IN CONSIDERATION of being permitted to participate in any way in any Garden State Track Club event, run, race, practice or function
(each, an “Activity”) at any time during the current calendar year I, for myself, my child/ward (to the extent same is a participant in any
Activity) my personal representatives, assigns, heirs, and next of kin:
1. ACKNOWLEDGE, agree, and represent that I understand the nature of the Activity and that I and/or my child/ward (as the case
may be) am/is qualified, in good health (with respect to any Activity which involves physical exertion, such as a ride, run, swim or
related event), and in proper physical condition to participate in such Activity. I further agree and warrant that if, at any time, I
believe the conditions to be unsafe (for any reason, including but not limited to in connection with COVID-19 or otherwise), I will
immediately discontinue my child’s/ward’s further participation in the Activity and alert the Coach and/or his/her designated
representative or Activity leader of such concern. Garden State Track Club Activities are events such as runs, races, practices
and related training activities that are organized and publicized by Garden State Track Club and its coaches.
Activities do not
include those organized by parents of other athletes who are not coaches of Garden State Track Club or who are not otherwise
authorized to act on behalf of Garden State Track Club.
2. FULLY UNDERSTAND that: (a) THIS ACTIVITY INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY,
INCLUDING PERMANENT DISABILITY, PARALYSIS, ILLNESS (from COVID-19 or otherwise) AND DEATH (“Risks”); (b) serious
accidents could occur during running, and that participants in such events and Activities occasionally sustain serious personal
injury, death and/or property damage as a consequence of that participation. For example, and for purposes of example only, I
understand that a runner may trip over debris and sustain injury or be struck by an automobile on the road; (c) these Risks and
dangers may be caused by my child’s/ward’s own actions or inactions, the actions or inactions of others participating in the
Activity, the conditions in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (d) there
may be OTHER RISKS or SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I
FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I
and/or my child/ward incur(s) as a result of my participation, or that of the minor, in the Activity.
child/ward is engaging in these activities ENTIRELY AT MY OWN RISK AND THE RISK OF MY CHILD/WARD.
I understand that I and my
3. FULLY UNDERSTAND that this WAIVER AND RELEASE includes, without limitation, ALL INJURIES, ILLNESSES, PROPERTY
DAMAGE, EQUIPMENT DAMAGE AND/OR DEATH that may occur as a result of participation in a Garden State Track Club
Activity or Event such as triathlons, group bicycle rides, runs, swims, or related activities and social events.
4. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Garden State Track Club, its current and former Board
members, administrators, directors, agents ,officers, members, volunteers, and employees, other participants, officials, rescue
personnel, sponsors, advertisers, owners and lessees of Premises on which the Activity is conducted, and its coaches (including
but not limited to Rob Van Etten) (each of the forgoing shall be considered one of the RELEASEES herein) FROM ALL LIABILITY,
CLAIMS,DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN
PART BY THENEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND
I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY
AGREEMENT I, or anyone on my behalf or on behalf of my child/ward, makes a claim against any of the Releasees, all to the
furthest extent permitted by law, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any
litigation expenses, attorneys’ fees, loss, liability, damage, or cost which may be incurred as the result of such claim by me and/or
my child/ward or their respective representatives, assigns, heirs and/or next of kin.
I ACKNOWLEDGE THAT I AM OVER THE AGE OF 18 YEARS, HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS
TERMS,UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE SIGNED IT FREELY AND
WITHOUT ANY INDUCEMENTOR ASSURANCE OF ANY NATURE, AND I INTEND IT TO BE A COMPLETE AND UNCONDITIONAL
RELEASE OF ALL LIABILITY TO THEGREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS
AGREEMENT IS HELD TO BE INVALID, THE BALANCE,NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF THE ACTIVITY AND THE MINOR’S
EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER
PHYSICAL CONDITION TOPARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE,
AND AGREE TO INDEMNIFY AND SAVEAND HOLD HARMLESS EACH OF THE RELEASEE’S FROM ALL LIABILITY, CLAIMS,
DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’SACCOUNT CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN
PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND
FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIMS
AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLDHARMLESS EACH OF THE
RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR ANY COST THAT MAY
OCCUR AS A RESULT OF ANY SUCH CLAIM.