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.
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.
Revised 04.24.2013