RELEASE OF LIABILITY AGREEMENT

Last Updated: Sept. 30th 2021

PLEASE READ CAREFULLY BEFORE ACCEPTING. THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS.


BY PURCHASING THIS REGISTRATION FOR THE NATIONAL POLE VAULT SUMMIT (THE “EVENT”), YOU, ON BEHALF OF YOURSELF AND EACH PERSON IN YOUR GROUP AND/OR EACH PERSON’S LEGAL GUARDIAN, ACKNOWLEDGE THAT EACH INDIVIDUAL HAS READ, UNDERSTANDS, AND AGREES TO THE PROVISIONS STATED IN THIS RELEASE OF LIABILITY AGREEMENT AND COVID DISCLAIMER (THIS “AGREEMENT”) AND ACKNOWLEDGES AND AGREES THAT SUBSTANTIAL RIGHTS ARE GIVEN UP HEREIN, INCLUDING WITHOUT LIMITATION THE RIGHT TO SUE, AND ACCEPTANCE OF THESE TERMS IS VOLUNTARY.

NON-REFUNDABLE DISCLAMER:

I am aware the fees for this Event are non-refundable and non-cancellable, except for the COVID Refund Exemption provided below.  In addition, the registration is a revocable license that is non-transferable and is the property of New Nevada Plastics Corp., (“UCS/Spirit”).  Those individuals who fail to adhere to this Agreement and the rules set forth by the UCS/Spirit, its affiliates, sponsors, venues, partners, and each of their respective employees, contractors, directors, managers, members, officers, volunteers, agents and representatives (collectively, the “Summit”) or whose conduct the Summit deems to be disorderly or intrusive upon others, will be ejected without refund. 

ACKNOWLEDGEENT OF RISKS

I understand that pole vaulting, and related activities can be hazardous and involve risk of physical injury or death and/or property damage.  I acknowledge that any injuries that I sustain may result from or be compounded by the actions, omissions, or negligence of the Summit, including negligent emergency response or rescue operations of the Summit.  I agree to assume all risks associated therewith and assume all responsibility to maintain control at all times while at the Event and/or participating in any its programs.

ACKNOWLEDGEMENT OF RISKS AS RELATED TO COVID:

International, federal, state, and local governments as well as international, federal, and state health agencies have declared COVID-19 a worldwide pandemic.  COVID-19 is extremely contagious, and it has been recommended to get vaccinated, maintain physical distance, wear masks and in many locations the congregation of groups of people has been prohibited. The Summit will require and enforce the most current risk mitigation and preventative measures to reduce the spread of COVID-19; however, it cannot be guaranteed that you, your child(ren), your family members, your teammates, your athletes, or other person(s) in your group will not become infected with COVID-19 by attending the Event. Furthermore, attending the Event and/or participating in any of its programs could increase your risk and your friend’s and family’s risk of contracting COVID-19. 

AT RISK POPULATION:

Per USATF guidelines it is strongly recommended that individuals considered to be “at-risk” not participate in sanctioned events in any capacity.  International, federal, and state health agency guidelines designate “at-risk” persons to include individuals in 3 groups as follows:

  1. Over the age of 65
  2. Live in nursing homes
  3. Individuals with medical conditions including but not limited to: cancer, chronic kidney disease, COPD (chronic obstructive pulmonary disease), immunocompromised state (weakened immune system) from solid organ transplant, obesity (body mass index [BMI] of 30 or higher), serious heart conditions, such as heart failure, coronary artery disease, or cardiomyopathies, sickle cell disease, Type 2 diabetes mellitus. 

    It has also be noted that people with the following conditions might be at an increased risk for severe illness from COVID-19: asthma (moderate-to-severe), cerebrovascular disease (affects blood vessels and blood supply to the brain), cystic fibrosis, hypertension or high blood pressure, immunocompromised state (weakened immune system) from blood or bone marrow transplant, immune deficiencies, HIV, use of corticosteroids, or use of other immune weakening medicines, neurologic conditions (such as dementia), liver disease, pregnancy, pulmonary fibrosis (having damaged or scarred lung tissues), smoking, thalassemia (a type of blood disorder), Type 1 diabetes mellitus.

Any interaction with the general public poses an elevated risk of being exposed to COVID-19 and we cannot guarantee that you will not be exposed while in attendance at the Event. 

If “at-risk” individuals choose to participate, it is recommended that they get clearance from their healthcare provider.

I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I, my child(ren), my family members, my teammates, my athletes and/or other person(s) in my group may be exposed to or become infected with COVID-19 due to attending the Event and/or participating in any its programs and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Event may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the Summit, and its directors, staff, agents, representatives, volunteers, sponsors and other attendees or event participants in the Event. 

ASSUMPTION OF RISKS

With full awareness and appreciation of the risks involved, I voluntarily agree to assume all of the foregoing risks and all now known or hereafter known risks and accept sole responsibility for any loss, property damage, or injury to myself, my child(ren), my family members, my teammates, my athletes and/or other person(s) including, but not limited to, personal injury, disability, death, illness, damage, loss, claim, liability, or expense, of any kind, that may be experienced or incur in connection with attending and/or participation at the Event, whether caused by ordinary negligence or otherwise.  I agree to do my part in minimizes any and all risks while in attendance and/or participating at the Event.

RELEASE OF LIABILITY AND COVENANT NOT TO SUE:

I hereby agree, on my behalf, and on behalf of my child(ren), family members, spouse, estate, heirs, executors, administrators, assigns, personal representatives or others, to fully and forever release, waive, discharge, covenant not to sue, discharge, and hold harmless the Summit, and its directors, staff, agents, representatives, volunteers, sponsors, and any otherwise associated parties (the “Released Parties”), of and from any and all claims, including all liabilities, claims, demands, actions, causes of action, damages, costs or expenses of any kind arising out of or relating to attending and/or participating in the Event (“Claims”). I understand and agree that this includes any Claims based on the actions, omissions, negligence, breach of contract and/or expressed or implied warranty of the Released Parties and extends to COVID-19, whether infection occurs before, during, or after attending and/or participating in the Event. I further agree to defend and indemnify the Released Parties of and from any and all Claims.  This Agreement also releases and gives up any and all claims and right that I may have against the Released Parties, known and unknown to date.  I acknowledge that I may be found by a court of law to have waived my right, and the right of my child(ren), family members, and/or any party acting on my behalf to bring or maintain a lawsuit against the Released Parties based on any claim of negligence.   This foregoing does not extend to claims for willful misconduct or any other liabilities that Nevada law does not permit to be released by agreement.

RIGHT OF PUBLICITY:

By attending and/or participating at the Event, I grant the Released Parties the right of publicity to own and use, edit, alter, modify, copy, publish, display, distribute, broadcast and/or create derivative works of, any image or video collected during the Event, including my name, voice, likeness, biography, personality, or other indicia of my identity, for advertising, publicizing, marketing, promotion or any other use.

AGREE TO MEDICAL TREATMENT:

I understand that while attending the Event, I may need medical treatment and authorize a licensed physician, medical provider, and/or athletic trainer to carry out emergency medical care.  I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Summit from any claim based on such treatment or other medical services.

DEFINED AS A CONTRACT:

I understand that this Agreement is a contract, representing the sole and entire agreement related to the subject matter hereof, and shall be binding. I understand that this Agreement will apply for each person(s) in my group and for each day those people(s)attend(s) the Event.  If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives. All claims for injury and/or death regarding alleged incident or otherwise arising out of this Agreement shall be governed under Nevada law, and jurisdiction and venue are hereby agreed to be proper only in Washoe County, Nevada, and I hereby consent to the exclusive jurisdiction of such courts. The terms of this Agreement shall continue from this date forever.

AGREE TO COMPLY:

I, my child(ren), my family members, my teammates, my athletes and/or other person(s) in my group willingly agree to comply with all rules, policies, sign postings, and/or instructions otherwise directed by the Summit.  This includes current local safety guidelines and mandates as related to COVID-19, and those specified by the Summit COVID Policy and Mitigation Strategy.  I further agree to remain in control while pole vaulting or engaging in related activities in addition to practicing safe physical distancing and clean hygiene while attending and/or participating in the Event, to the best of my abilities. I agree to conduct daily home screening for COVID-19 and will not bring myself or any person(s) to the Event or its venues if symptoms or positive contact exposure are present within 10 days of the Event.  The Summit will issue a COVID Refund Exemption for any person(s) who cannot attend the Event due to the onset of symptoms or positive contact exposure within 10 days of the Event, however I understand that failure to comply with any of the safety guidelines may result in expulsion without refund.