2015 Esprit De She Naperville Triathlon

USAT WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT IN CONSIDERATION of USA Triathlon (“USAT”) allowing me to participate in any USAT sanctioned event (the “Event” or “Events”) as either a member of USAT or through the issuance of a single event license or permit; I, for myself, and on behalf of my spouse, children, parents, 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 in good health and in proper physical condition to participate in the Event; and (ii) 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. 2. I understand and acknowledge the physical and mental rigors associated with triathlon, duathlon, or other multi-sport events, and realize that running, bicycling, swimming and other portions of such Events are inherently dangerous and represent an extreme test of a person’s physical and mental limits. I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, permanent disability, paralysis and death; loss or damage to property; exposure to extreme conditions and circumstances; accidents, illness, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course conditions; water, road 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 harm or damage which may not be readily foreseeable, and other 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 acts, inaction or negligence 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 the Event. 3. I agree to be familiar with and abide by the Rules and Regulations established for the Event, including but not limited to the Competitive Rules adopted by USAT and the Guide to Prohibited Substances and Prohibited Methods of Doping adopted by the United States Anti-Doping Agency. I also accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment. 4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: USAT, the Event Organizers and Promoters, Race Directors, Sponsors, Advertisers, Host Cities, Local Organizing Committees, Venues and Property Owners 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, 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 reasonable attorneys fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate to my participation in the Event, including claims for Liability caused in whole or in part by the negligence 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 Liability which any may be incurred as the result of such claim. I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, 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. 
I have read this agreement carefully, understand it, and certify my agreement by my selection above.

2014-2015 ACKNOWLEDGMENT WAIVER & RELEASE FROM LIABILITY FORM (AWRLF) FOR THE ESPRIT DE SHE NAPERVILLE TRIATHLON (EDSNAP). Read this form carefully. Once you have read this form, if you agree to all the terms and conditions contained in this from click the I AGREE button at the bottom of this page and proceed with registration. If you are under 18 years in age, a Parent or Guardian is required to input their name and click the (I AGREE) button for you to continue with registration for this event. I certify that I have carefully read and understand all the 'Confirmation information' contained on the EDSNAP(Event) web site, attended an Event course talk if I had any concerns or questions regarding any aspect of the Event, and had those questions satisfactorily answered. I further certify that as the participant, I am physically fit and have sufficiently trained to participate in the either the EDSNAP or that should my child elect to participate in the EDSNAP, that my child is physically fit and has sufficiently trained to participate and that my physical condition for participation or my child's physical condition for his or her participation has been verified by a qualified licensed medical Doctor (MD). I also acknowledge that the swim portion of the Event my child or I will be participating in will be an extreme test of my or my child's abilities and carries the potential for death or injury. I also acknowledge that as the participant in the swim leg of that Event, I or my child must be capable of safely swimming a distance equal to or greater than the swim distance in the Event, and that if I or my child are participating in the EDSNAP, as the participant, one of the following is true: a) I have participated on an age group, high school or college swim team. b) I have completed the swim in a triathlon of equal or greater distance. c) I have completed a continuous swim in a pool or in open water of equal or greater distance within the last 30-days. I also certify that the equipment I or my child will be using in the Event including but not limited to a wetsuit, bike helmet, bicycle, etc., fit properly, have been verified by a qualified professional to be in good working order, and at a minimum meet the standards as outlined on the Event web site under Rules of Participation/Race Day Procedures. I acknowledge that the Event will be an extreme test of my or my child's physical & mental ability & carries the potential for death, serious injury & property loss. Risks include, but are not limited to those caused by terrain; road surface; temperature; water conditions; contact with obstacles or water craft; weather; vehicular traffic; actions of others and lack of hydration. I am aware that the support personnel who will provide emergency first aid will be volunteers. I hereby consent to receive medical treatment for myself or my child that may be deemed advisable in the event of injury, accident or illness during the event(s). I hereby take action for executors, my administrators, heirs, next of kin, successor, assigns and myself as follows: A. WAIVE, RELEASE & DISCHARGE from any and all liability for myself or my child, for my or my child's death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter accrue to me or my child as a result of my or my child's participation in the EDSNAP THE FOLLOWING PERSONS OR ENTITIES: Life Time Fitness, Inc (Life Time Fitness) the producer of the ESPRIT DE SHE NAPERVILLE TRIATHLON; all Event Sponsors; race directors; race staff and crew; race volunteers; the City of Naperville, the Naperville Park District, DuPage County, Naperville City Police, Naperville Settlement and its (their) office, officers, directors, employees, representatives & agents & volunteers.  B. INDEMNIFY & HOLD HARMLESS the above mentioned persons or entities contained in this AWRLF from any & all liabilities and expenses (including reasonable attorneys' fees) or claims made by other individuals or entities as a result of any of my or my child's actions during the EDSNAP. I understand that during the TRIATHLON I or my child may be photographed and I agree to allow my or my child's photo, video, name or likeness to be used for any legitimate purpose by LTF and all other Event Sponsors and/or assigns without compensation to me or my child. This form shall be construed broadly to provide a release and waiver to the maximum document; and I understand its contents. I am aware that the Event (ESPRIT DE SHE NAPERVILLE TRIATHLON) is an advertising/marketing vehicle for Events Sponsors (SPONSORS) and that SPONSORS merely provide trade (product and/or services) and/or financial support. I am also aware that SPONSORS have no part in, or responsibility for, planning, conducting or administering any aspect of the Event or for the well being, health or safety of Event participants. I hereby agree that in the event of race cancellation due to weather conditions, 'acts of God,' or any other reason, my or my child's Event registration fee shall not be refunded