USA TRIATHLON WAIVER
WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A
RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE
RIGHT TO SUE USA TRIATHLON AND OTHER PARTIES. DO NOT SIGN THIS
AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF
LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
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, sickness and disease, permanent
disability, paralysis and loss of life; loss of or damage to
equipment/property; exposure to extreme conditions and circumstances;
accidents, 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 risks and dangers
which may not be readily foreseeable or are presently unknown (“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 to 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 Owners, Organizers and Promoters, Race
Directors, other participants in the sanctioned event, Sponsors,
Advertisers, Host Cities, United States Olympic Committee (USOC), 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. 5. All matters contained within this waiver
shall be governed by and construed in accordance with the substantive
laws of the State of Colorado. 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.