2022-2023 YOUTH WAIVER RELEASE *

For purposes of this “Participant Release” document Bowerman Track Club, LLC and the Bowerman Track Club Youth Program is hereinafter referred to as “Bowerman TC” and “Event” means, collectively, Bowerman TC practices and races being held at parks, roads, trails, paths and training locations in Portland, Beaverton, Aloha, Hillsboro, Lake Oswego, and other practices and races throughout the state of Oregon and the United States. Included in the Event is any and all transportation to, from and between Event locations and all other activities related to the Event and to my participation in the Event for an indefinite period of time following signed date below.  In consideration of the opportunity to participate in the Event, I, the undersigned participant or legal guardian, acknowledge and agree that:

DETRIMENTAL CONDUCT. Bowerman TC reserves the right to sever ties with the participant at any time if it deems the participants conduct to be detrimental to the Events, operations and brand of Bowerman TC or its affiliates, subsidiaries, respective officers, directors, representatives, contractors, and insurers. Detrimental Conduct includes but is not limited to the failure to comply with club rules, state or federal law or failure to respect the rights and persons of other all club members and persons.

ASSUMPTION OF RISK.  Participation in or attendance at the Event involves inherent risks and dangers of accidents, exposure to COVID-19, personal and bodily injury (including death) and property loss or damage.  These may result from my own actions or inactions, as well as the actions or inactions of others, the rules of play, and the condition of the facilities and equipment.  Further, there may be other risks not known to me and not reasonably foreseeable at this time.  I have considered the nature and extent of the risks involved, and I voluntarily choose to assume all such risks, both known and unknown, even those risks that result from the negligence of the Released Parties (defined below) or others and assume full responsibility for my participation in the Event.  I consent to treatment in the event of an emergency or other incident in which, in the reasonable judgment of the on-site personnel, I require medical care. 

COVID-19 POLICY. I agree to answer accurately and to the best of my knowledge, all medical questions pertaining to my or my child's exposure to Covid-19. If I or my child test positive for Covid-19, or I or my child are known to have been exposed to a Covid-19 positive person outside of practice I shall notify Bowerman TC and my group/pod coach and will not attend another practice or “Event” until receiving permission directly from my coach.  For purposes of this document, “Exposed” means being within 6 feet of an individual for 15 minutes.  

RELEASE FROM LIABILITY.  I, for myself and on behalf of my heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Bowerman TC, NIKE, Inc. and their affiliates, subsidiaries, respective officers, directors, employees, agents, representatives, contractors, successors, assigns, and insurers, all Event sponsors, advertisers, volunteers, and staff, and all owners or lessors of premises used in connection with the Event (collectively the “Released Parties”) from any and all claims or causes of action I may have for damages for personal or bodily injury, disability, death, loss or damage to person or property relating in any way to the Event, whether arising from the negligence of any or all of the Released Parties or otherwise, to the fullest extent permitted by law.

AUTHORIZATION TO RECORD AND TO USE RECORDINGS and NAME.  I hereby grant to Bowerman TC, its affiliates, subsidiaries, assigns and licensees permission to film, photograph, video record and otherwise record my image, voice, or any other aspect of the recording at the Event and the perpetual right to use the Recording and my name in any manner or media and for any purposes without any additional consideration.  I shall have no right of approval and no legal claim arising out of any use or editing of the Recording or my name.  Bowerman TC shall have no obligation to use any of the rights I grant.  I represent that it is not necessary for Bowerman TC to obtain permission from or to pay any third party in connection with the rights granted in this paragraph.

 ARBITRATION.  In the event of any dispute between me and any of the Released Parties (defined above), such dispute shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (but not its Procedures for Large, Complex Commercial Disputes).  The hearing shall be conducted in Portland, Oregon unless both parties consent to a different location.  The decision of the arbitrator shall be final and binding upon all parties, and judgment upon the award rendered pursuant to such arbitration may be entered in any court of competent jurisdiction.

I have read this Bowerman Track Club Youth Participant Release, fully understand and agree to its terms, and understand that I am giving up substantial rights by signing it.  By selecting “I Agree” I am signing and accepting the Release Waiver freely and voluntarily.