WAIVER, RELEASE &
INDEMNIFICATION,
In consideration of
my acceptance to the State of New York in Lake
Welch, Harriman State Park on May 20. 2018 ("the Event")::
1. I hereby
agree to comply with the official race rules of this
event.
2. For myself,
my executors, heirs, next of kin, and assigns, I hereby:
(a) Waive and release any and all claims that
I may have against the Event, its event committee, their
officers, directors, members, volunteers, employees, agents, sponsors, the New
York State Parks & Recreation, the Big Apple Triathlon Club (dba New York
Triathlon Club), their officers, staff, volunteers, agents and employees, or
any one of their executors, administrators, heirs, next of kin, successors or
assigns ("the releases") including any and all claims for damage
caused by the negligence of any of them, arising out of my participation in the
event and its related activities, together with any costs including attorney's
fees as a result of any such claim whether valid or not,
(b) Indemnify and hold harmless the releases
and each of them against any such claim that I or any one or more of my
executors, administrators, heirs, next of kin, successors or assigns may have
or assert or against any costs including attorney's fees with respect thereto.
3. I hereby
acknowledge that I have sole responsibility for my possessions and
athletic equipment before, during and after the event, and its related
activities.
4. I hereby
acknowledge that this event is extremely strenuous, difficult and
hazardous even under the most favorable conditions. I understand that my
participation in this event carries risk of personal injury, sickness
and/or death including but not limited to those caused by terrain, my
physical condition, vehicular and pedestrian traffic, and collisions with
other participants and/or spectators. I understand and hereby accept these
and all other risks and hazards inherent in this event and its related
activities.
5. I hereby
attest to be physically fit and have sufficiently trained for this event
and that a licensed physician has recently verified my physical condition.
6. I hereby
consent to receive medical treatment that may be deemed advisable in the
event of injury, accident and/or illness during the event.
7. I understand
that the course is on public roads that are not closed to vehicular and
pedestrian traffic. I fully accept the risks and hazards that this
implies, including collisions and falls during my participation and I
assume complete responsibility for my own actions on all highways, roads,
paths and sidewalks that comprise the course.
8. I assume
responsibility to compete on a bicycle that has been recently inspected by
a reputable bicycle dealer and I will not hold anyone associated with the
event liable for accidents occurring as a result of the malfunction of my
equipment.
The course is
closed to cars (except for official vehicles) but open to joggers, weekend
cyclists, skaters, pedestrians, etc. While competing, you must be aware,
considerate of and avoid other non-competitors who will also be using the
Park roads. You do not have priority over other park users.
I
further certify that I have read and fully understand the Official
Race Rules and Competitor Information as listed
on the New York Triathlon Club website (
www.nytri.org)
and the above Waiver, Release and Indemnification Form
and that the contents were completely and candidly understood by me.