OVER THE MOUNTAIN TRACK CLUB

WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
Online Registration Acknowledgment: By checking the acknowledgment box during registration, you
(and the parent/legal guardian, if applicable) agree to the terms of this Agreement. You further agree that
this electronic acknowledgment constitutes a legally binding electronic signature and is enforceable to the
same extent as a handwritten signature.
Definitions
For purposes of this Agreement, "OTM Track Club" means Over The Mountain Track Club. "Activities"
means any OTM Track Club event or activity, including track meets, practices, warm-ups, field events,
training, clinics, instruction, and related travel or presence at any venue. "Released Parties" means OTM
Track Club and its directors, officers, coaches, volunteers, employees, agents, representatives, affiliates,
successors and assigns, and any third-party facility owners/operators or hosting entities (including
schools, municipalities, and venue providers) in connection with the Activities.
1. ASSUMPTION OF RISK
You understand and acknowledge that the Activities involve inherent and significant risks that cannot be
eliminated without jeopardizing the essential qualities of the Activities. These risks include, without
limitation, the risk of serious bodily injury, illness, permanent disability, paralysis, death, and property
damage. You voluntarily and knowingly assume all such risks, both known and unknown, foreseeable and
unforeseeable, even if arising from the ordinary negligence (active or passive) of any Released Party.
- Slips, trips, falls, and contact with uneven surfaces;
- Collisions with participants, spectators, officials, equipment, or fixed objects;
- Misuse, malfunction, or failure of equipment (including implements, blocks, hurdles, cages, nets, and
related gear);
- Weather and environmental conditions (heat, cold, lightning, rain, wind), including related delays or
evacuations;
- Physical exertion and overexertion, including muscle strains, sprains, fractures, dehydration, heat
illness, cardiac events, or other medical emergencies;
- Inadequate, negligent, or delayed supervision, instruction, officiating, or emergency response; and
- Conditions of premises, parking areas, walkways, bleachers, or other venue property.
2. RELEASE OF LIABILITY / COVENANT NOT TO SUE
To the fullest extent permitted by law, you hereby release, waive, discharge, and covenant not to sue
the Released Parties from any and all claims, demands, causes of action, damages, losses, liabilities, or
expenses of any kind, whether known or unknown, arising out of or relating to your participation in or
presence at the Activities, including without limitation claims based on the ordinary negligence (active or
passive) of any Released Party.
This release includes, without limitation, claims arising from: (a) the condition, inspection, or maintenance
of any venue, premises, or equipment; (b) instruction, supervision, officiating, coaching, or event
management; (c) medical care or the provision or failure to provide medical care; and (d) any act or
omission of any Released Party in connection with the Activities.
3. INDEMNIFICATION / DEFENSE / HOLD HARMLESS
You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all
claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable

attorneys’ fees) arising out of or related to: (a) your or the minor participant’s participation in the Activities;
(b) your acts or omissions; and (c) any claim brought by or on behalf of a minor participant or any third
party arising from the minor participant’s participation in the Activities.
4. MINOR PARTICIPANTS (PARENT/LEGAL GUARDIAN AGREEMENT)
If you are registering a minor, you represent and warrant that you are the minor’s parent or legal guardian
and that you have full legal authority to enter into this Agreement on behalf of the minor. You agree to be
bound by this Agreement individually and on behalf of the minor, and you agree to assume all risks and
release all claims described herein on behalf of the minor to the fullest extent permitted by law.
5. EMERGENCY MEDICAL TREATMENT AUTHORIZATION
You authorize OTM Track Club and/or venue personnel to obtain emergency medical evaluation and
treatment for you or the minor participant as may be deemed necessary. You understand that OTM Track
Club does not provide medical insurance coverage for participants and you agree that you are solely
responsible for all medical and related expenses incurred.
6. INSURANCE AND FINANCIAL RESPONSIBILITY
You acknowledge and agree that the Released Parties do not provide health, medical, or accident
insurance coverage for participants. You represent that you (and/or the minor participant) are covered by
adequate personal health insurance or otherwise have the financial ability to pay for any medical costs,
damages, or losses incurred as a result of participation in the Activities, and you agree to bear full
responsibility for same.
7. PHYSICAL CONDITION AND FITNESS TO PARTICIPATE
You represent that you (and/or the minor participant) are physically capable of safely participating in the
Activities and have no condition, impairment, or limitation that would prevent safe participation. You
acknowledge that it is your responsibility to consult with a physician if you have any questions regarding
fitness to participate, and you assume all risks arising from participation notwithstanding any known or
unknown medical condition.
8. SCOPE OF AGREEMENT
This Agreement applies to all participation in the Activities, including events conducted at third-party
facilities and any time you are on or about event premises (including parking areas, walkways, spectator
areas, and athlete staging areas). This Agreement is intended to be as broad and inclusive as permitted
by law.
9. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue
in full force and effect.
10. GOVERNING LAW AND EXCLUSIVE VENUE (ALABAMA)
This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama,
without regard to conflict of law principles. You agree that any legal action or proceeding arising out of or
relating to this Agreement or the Activities shall be brought exclusively in a state court of competent
jurisdiction located in Jefferson County, Alabama, and you consent to personal jurisdiction and venue in
such courts.
11. ACKNOWLEDGMENT OF UNDERSTANDING
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS AGREEMENT, FULLY UNDERSTAND
ITS TERMS, AND UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING

THE RIGHT TO SUE THE RELEASED PARTIES. YOU ACKNOWLEDGE THAT YOU ARE AGREEING
VOLUNTARILY, WITHOUT ANY INDUCEMENT OR ORAL REPRESENTATIONS NOT CONTAINED IN THIS
WRITTEN AGREEMENT.
Important: This Agreement does not apply to claims arising from gross negligence or intentional misconduct to the
extent such claims cannot be released under applicable law.
Participant Name (Print): 
Parent/Legal Guardian Name (if applicable) (Print): 
Date:

Note: For online registration, the electronic acknowledgment is intended to serve as the participant’s/parent’s
signature. The printed fields above are provided for optional recordkeeping or on-site use.