For and in consideration of the Trustees of Tufts College (“University”) allowing me, the undersigned,
to participate in the University organized event described above (the “Event” or “Events”); I, for
myself, and on behalf of my spouse, children, 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 at least eighteen (18) years of age or older; (ii) I am in good health,
in proper physical condition and have been properly trained to participate in the Event; and (iii) 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, that I am responsible for
my own safety and well-being at all times and under all circumstances while at the Event site. If I am
unsure of my health or physical condition, it is my responsibility to seek the advice of my own health
care provider.
2. I understand and acknowledge that participation in track & field, road running, race walking and
cross country Events is inherently dangerous and represents an extreme test of a person’s physical
and mental limits. I understand and acknowledge the risks and dangers associated with
participation in the Event and sport of track & field and related activities, including without limitation,
the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss
of life; loss of or damage to equipment/property; exposure to extreme conditions and
circumstances; contact with other participants, spectators, animals or other natural or manmade
objects; dangers arising from adverse weather conditions; imperfect course or track conditions; land
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, not
readily foreseeable and 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 negligent acts or omissions 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 any Event.
3. I agree to be familiar with and to abide by the guidelines and regulations established for the Event
and any applicable laws. I accept sole responsibility form own conduct and actions while
participating in the Event. I also agree to follow the direction given by any Tufts University Police
Department or law enforcement agencies and any other public entities providing support for the
Event.
4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold
Harmless the following parties: the Trustees of Tufts College; property owners or operators 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,
trustees, directors, officers, agents, employees, students 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
attorney’s fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any
way to my participation in the Event or during my travel to or from the Event or during while I am on
the premises of the Event, including claims for Liability caused in whole or in part by the negligent
acts or omissions 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 Liabilities which any may be incurred
as the result of such claim. I hereby warrant that I am of legal age and competent to enter into this
Agreement, that I have read this Agreement carefully, understand its terms and conditions, 5.
5. I acknowledge that I will be giving up substantial legal rights by signing this (including the rights of
my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives,
executors, administrators, successors and assigns), acknowledge that I have signed this Agreement
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. This Agreement shall be
governed by the laws of the Commonwealth of Massachusetts.
I understand that no refunds will be made for withdrawing from the Event or because of adverse
weather. SecureFee™ Registration Cancellation Insurance is offered in most states. If purchased, your registration may be covered for one of the covered reasons stated in the policy.
