Bank of America Chicago 13.1 registration acknowledgment

By clicking the SUBMIT button, (submitted electronically, which will constitute my valid signature), you are representing that the information you submitted is accurate.  This information, including “personally identifiable information”, will be used to provide you with content related to your registration for the 2024 Bank of America Chicago 13.1 and/or any pre or post-event activities, including but not limited to the Wellness Walk (the event and pre/post-event activities are individually and collectively referred to as the "Event"). You agree to receive email notifications from Bank of America in connection with the Event.  For more information regarding the use and disclosure of your “personally identifiable information” to provide you with the best possible experience on race day, please review the Bank of America Chicago 13.1 Privacy Notice: https://www.chicago13point1.com/participant-information/privacy-notice/.

Bank of America Chicago 13.1 participant waiver

By signing below (or, if submitted electronically, by clicking “I have read and agree” to this Waiver which will constitute my valid signature), I acknowledge my understanding that my participation in the 2024 Bank of America Chicago 13.1 and/or any pre or post-event activities, including but not limited to the Wellness Walk (the event and pre/post-event activities are individually and collectively referred to as the "Event"), involves rigorous physical activity and that it potentially may be hazardous. I acknowledge that it is my responsibility to understand the risks associated with participating in the Event and attending event-related activities, and to determine whether I am fit to safely participate in the Event and the precautions I should take. I attest and certify that my physical condition and ability to safely complete the Event have been verified by a licensed medical doctor (except where the latter is in violation of religious principles); and that I am physically fit and have sufficiently trained to complete the Event. I hereby represent that I am in good health and in proper physical condition to participate in the Event, and 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, and that I am responsible for my own safety and well-being at all times and under all circumstances while at the Event site I expressly assume all known and unknown risks associated with the Event, including but not limited to: contact with other participants, loss of or damage to my property; injury (including death); illness including but not limited to communicable diseases and pandemics; accidents; the effects of weather; terrain conditions that may vary widely, and that may include uneven and/or slippery surfaces; unpredictable spectators or participants outside the control of Event Organizers (as defined below); natural and man-made obstacles (including without limitation, vehicles, security barriers, signs, cables, mats, and debris on the course); and the possibility that an Event may be postponed, ended early or cancelled altogether by an Event organizer or governmental officials (as defined below).  I acknowledge that all Event entry fees, and ancillary purchases are non-refundable and non-transferable.  I acknowledge and agree to abide by any Official Rules for the Event that may be posted at the Event or on the Event's website or otherwise communicated to me verbally or in writing at the Event by Event officials.  I agree to be familiar with and to abide by the Rules and Regulations established for the Event, including but not limited to the Competition Rules adopted by USA Track & Field and any safety regulations established for the benefit of all participants. I accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment.  I understand the cancellation accommodations available in the event I choose not to participate or in the case of an Event cancellation.

I further acknowledge and agree that an inherent risk of exposure to infectious illnesses and other viruses exists and is beyond the control of Event Organizers (as defined below).  By participating in the Event, I voluntarily assume all risks related to exposure to infectious illnesses and to other viruses that may exist at the time of the Event.  I agree to adhere to city, state and other public health guidelines and orders as well as guidelines and protocols of the Event Organizer (as defined below) during my attendance at the Event.  I acknowledge that I have adequate health insurance and sufficient funds to cover my medical care, and that should I become ill or injured in any way due to my participation in the Event, that I am solely responsible for my own medical costs and coverage. 

For and in consideration of USA Track & Field, Inc. (“USA Track & Field” or “USATF”) allowing me, the registrant, to participate in the Event, 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  (a) waive and release any and all rights, claims and causes of action I have or may have against any Event Organizer (as defined below) that may arise as a result of my participation in the Event, even though that liability may arise out of the negligence or carelessness on the part of the Event Organizers named in this Waiver; and (b) agree to indemnify, defend, and hold harmless all Event Organizers  (as defined below) from and against any and all injuries, losses, causes of action, liabilities, damages, expenses (including attorney’s fees and court costs) or claims (collectively, “Claims”) that might arise directly or indirectly from my participation in the Event and/or the condition of the raceway, property, facilities or equipment used for the Event, regardless of when such Claim may arise including, without limitation, Claims relating to (i) theft, loss or disappearance of property, (ii) bodily injury or illness (including death), and (iii) property damage, for all claims and losses (including attorney's fees and court costs), which may be brought against any one or more of them by anyone claiming to have been injured or otherwise to have suffered loss or damage as a result of my participation in the Event.  For these purposes, an "Event Organizer" is any one or more of the following: Bank of America Corporation, Bank of America, N.A. and their subsidiaries and affiliates; Chicago Event Management, Inc.; Wellness Walk; Chicago Park District; City of Chicago; all governmental agencies representing the territory in which the Event will be held and from which resources (such as, without limitation, fire, police and ambulance personnel) are provided; all sponsors, agents, vendors, medical personnel, contractors and volunteers of or for the Event; USA Track and Field; emergency (for example, ambulance, fire and police and other first responders) and all medical service providers; and the licenses, officers, directors, employees, representatives, successors and assigns of each of the foregoing.   The Event sponsors and their affiliates have no control over Bank of America’s Event day operations or the acts or omissions of the Event owner, Bank of America.

I hereby release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless the following parties, as relevant and applicable in each instance: USATF, its members, clubs, associations, sport disciplines and divisions; United States Olympic Committee (USOC); the event directors, the host organization and the facility, venue and property owners or operators upon which the Event takes place; and any other organizers, promoters, sponsors, advertisers, coaches and officials for this Event; 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 attorneys’ 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, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties. I further agree that if, despite this Waiver, 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 may be incurred as the result of such claim, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties, as relevant and applicable in each instance.

I further acknowledge and agree that Claims arising out of, relating to, or concerning in any way this waiver, my participation in the Event, and/or the condition of the raceway, property, facilities or equipment used for the Event, regardless of when such Claim may arise, shall be resolved by binding arbitration on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of other.  The arbitrator’s authority to resolve and make written awards is limited to Claims between Event Organizers and me alone.  Claims may not be joined or consolidated unless agreed to in writing by all parties.  No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.  Notwithstanding any other provisions in this waiver, and without waiving either party’s right to appeal, if any portion of this provision is deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply.  Binding arbitration will be administered by the American Arbitration Association ("AAA") in its Chicago, Illinois office under its commercial arbitration rules. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and judgment upon any arbitration award may be entered by any court having competent jurisdiction. Each party shall bear its own costs, fees, and expenses associated with any arbitration, except that the parties agree to split equally the costs and expenses of the arbitrator/AAA.

IF ARBITRATION IS CHOSEN BY ANY EVENT ORGANIZER WITH RESPECT TO A CLAIM, I WILL NOT HAVE THE RIGHT TO LITIGATE THE CLAIM IN COURT, HAVE A JURY TRIAL, OR ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURES. FURTHER, I WILL NOT HAVE THE RIGHT TO PARTICIPATE IN ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. OTHER RIGHTS THAT I WOULD HAVE IF I WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.  BY ENTERING INTO THIS WAIVER I AM WAIVING MY RIGHT TO CLASS ARBITRATION.

This Waiver shall be construed, interpreted and governed under the laws of the State of Illinois, without regard to its conflict of laws provisions. I hereby submit to the non-exclusive jurisdiction of the courts of the State of Illinois located in Chicago, Illinois and the United States District Court for the Northern District of Illinois located in Chicago, Illinois and agree to submit to the jurisdiction of such courts and waive any objection based on forum non conveniens. 

As a condition of my participation in the Event, I hereby grant USA Track & Field, the event director and host organization, as well as its sponsors and service providers (each, a “Licensee”), a non-exclusive, perpetual, non-revocable, royalty-free, freely transferable right and license to use my name, likeness, image, photograph, voice, video, athletic performance, biographical and other information (collectively, “Likeness”) in the United States, in any media platform or format whatsoever, whether now or hereafter known or devised, by any and all technologies, whether now or hereafter known or devised, for [the purposes of (i) advertising or promoting the Event, USATF, the sport of Athletics, OR THE GOODS AND SERVICES OF ANY EVENT SPONSORS; and (ii) providing Event-related support services such as sports photography services][any purposes whatsoever]. The foregoing grant, however, does not constitute consent for USATF or any third party to use my Likeness in an endorsement of any product or service without my specific written consent. For purposes of clarity and without limiting the foregoing, I acknowledge and agree that the rights and license granted to the Licensees under this Waiver include Licensees’ rights: (a) to modify, edit, combine with other materials (including, but not limited to, in combination or conjunction with Licensees’ name), include in collective works, and create derivative works incorporating my Likeness in whole or in part and (b) to reproduce, perform (publicly or otherwise), display, (publicly or otherwise) and transmit images and recordings containing my Likeness, in whole or in part, for the purposes and uses as permitted in this Waiver. I hereby release and forever discharge the Licensees, as well as their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use of my Likeness, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.

I understand and agree that information about me that is collected by the Event Organizers, including without limitation information on the application form, may be disclosed to third parties for any legitimate purpose, including background checks, research, commercial sales, and marketing purposes, and that it may be subject to re-disclosure by the recipient(s). I understand and agree that information about me that is collected by the Event Organizers may be published as part of the results of the Event and that Event Organizers may pass such information to Wellness Walk, the governing body (national or international) or any affiliated organization for the purpose of insurance, permits or for publishing results either for the Event alone or combined with or compared to other Events. Information collected and shared may include (but not be limited to) name, any club affiliation, race times, occupation, and age category. I understand that any medical information disclosed by me and that is protected health information as defined in applicable law will only be used for treatment and billing purposes and as otherwise provided in applicable law.  I understand demographic and triage data may be provided to the emergency medical service agencies, local Public Health, and the Regional Hospital Coordinating Center(s) for the purposes of medical surge capacity balancing. I hereby represent that I am at least eighteen (18) years of age (or this Waiver is also agreed to by my parent, natural guardian, or legal guardian (the “Guardian”)); that I have read this Waiver carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by accepting it (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 accepted this Waiver without any inducement, assurance or guarantee, and intend for my acceptance to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Waiver. This Waiver represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Waiver. If any provision of this Waiver is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Waiver and shall not affect the validity and enforceability of any remaining provisions. I further acknowledge, if registering others listed on this registration form, that I have delivered a copy of this Waiver (registration Waiver) to persons listed on this registration form other than myself, that they have read and acknowledged their understanding to me of the scope of this Waiver and have authorized me to sign this Waiver on their behalf.

Bank of America Chicago 13.1 minor participant waiver “Minor Waiver”

If the participant is under the age of 18, I affirm that I am the Guardian of the registered participant (“Participant”), who has my consent to participate in the 2024 Bank of America Chicago 13.1 and any pre- or post-event activities, including but not limited to the Wellness Walk (the event and all pre- and post-event activities are individually and collectively referred to as the "Event").  As the Guardian, I hereby agree to release and discharge the Released Parties as follows.  I recognize and acknowledge that there are certain risks of physical injury to participants in the Event, and that participants under 18 years old may face additional risks due to their age.  I acknowledge the rights waived by both myself, as the Guardian, and the participant by accepting this Waiver. I acknowledge that as the Guardian, I will indemnify the Released Parties from any and all Liability which may arise out of, result from, or relate in any way to the participant’s participation in the Event, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties.  I agree to assume the full risk of any and all injuries, damages, or loss, regardless of severity, that the Participant may sustain as a result of participating in the Event. If the Participant requires emergency medical care as a result of participating in the Event, I authorize such care and assume responsibility for the cost of such care. By signing below, I acknowledge my understanding that participation in the Event by the Participant involves rigorous physical activity and may be hazardous. I acknowledge that it is my responsibility to understand the risks associated with the Participant’s participation in the Event and to determine whether the Participant may safely participate in the Event. I attest and certify that the Participant’s physical condition and ability to safely participate in the Event have been verified by a licensed medical doctor (except where in violation of religious principles); and that the Participant has sufficiently trained to participate in all aspects of the Event. I expressly assume all known and unknown risks associated with the Participant’s participation in the Event and agree that the representations included in this waiver are intended to supplement the representations contained in the Bank of America Chicago 13.1 Participant Waiver, above.  By registering a child under 13, I agree and consent to the collection of that child's information which I provide for the purposes of registration.  

By signing below (or, if submitted electronically, by clicking “I have read and agree” to this Minor Waiver which will constitute my valid signature), I hereby represent that I am the Guardian of the Participant and that I have the full power and authority to agree to these terms on behalf of the Participant, and to bind him or her to these terms.