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.
D0 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, Sponsors, Advertisers, Host Cities, United States Olympic Committee (USOC), Local Organizing Committees, Venues and Property Owners upon whi€h the Event takes place, Law Enforcement Agencies
and other Publi€ 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
conformation 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.
Parental Consent (required If the participant Is less than 18 years of age) As the Parent and/or Legal Guardian to the minor identified above, I hereby accept and agree to all of the terms and conditions of this Agreement on behalf of the minor in connection with the minor’s participation in the Event(s). If, despite this Agreement, I, or anyone on the minor’s 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.
By your membership in USA Triathlon, you agree that
you are subject
to the USADA Protocol for Olympic and
Paralympic Movement Testing
and the United
States Olympic Committee National Anti-Doping Policies.
By submitting this application, Iagree all information is correct and to abide
by the USAT
Competitive Rules.