2018 XTERRA Hawaii Island Waiver
In consideration of the acceptance of my application to participate in the XTERRA Hawaii Island including without limitation, training, practicing and/or competing in the race(s) and participating in any all pre and post race activities and social events (collectively, the "Event"), and/or my being permitted to officiate, observe, work for or in any manner participate in the Event or its staging, and intending to be legally bound hereby, I hereby freely agree, represent and acknowledge, for myself, my personal representatives, assigns and heirs that: (1) I HEREBY RELEASE AND PROMISE NOT TO SUE, AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS, Bike Works Beach and Sports, HP Bike Works, all states, cities, counties or localities in which the Event or segments of the Event are held; all Event sponsors, advertisers, officials, volunteers and independent contractors; owners and lessees of property used to conduct or used in conjunction with the Event; and the officers, directors, shareholders, partners, employees, members and agents of any of the above (the "Releasees"); FROM EVERY CLAIM AND ANY LIABILITY that I, my personal representatives, heirs and assigns may allege against the Releasees, including attorney's fees, as a direct or indirect result of injury to me or my property or resulting in my death, whether or not caused by any act or omission of Releasees, including but not limited to the negligence of Releasees or otherwise while I am in any way competing in, officiating, observing, working for, or in any manner participating in the Event or its staging; (2) I acknowledge that participating in the Event can be a dangerous activity that involves risks of serious bodily injury, death or property damage and I HEREBY ASSUME FULL RESPONSIBILITY FOR RISK OF BODILY INJURY, DEATH AND PROPERTY DAMAGE due to the negligence of Releasees or otherwise arising out of or in any way relating to any of the events referred to in item 1 hereof; (3) I will comply with all rules, regulations and instructions of the Event and its officials; (4) I am physically fit, have sufficiently trained for the Event, and there is no medical reason why I should not participate in the Event; (5) I CONSENT TO RECEIVE MEDICAL TREATMENT in the event that I become ill, I am injured or I am involved in an accident during the Event or as otherwise deemed necessary or advisable by Event officials; (6) I CONSENT TO THE FREE AND UNRESTRICTED USE OF MY NAME, VOICE AND PICTURE in any and all Event promotional materials, videotapes, telecasts, and promotions for any purposes deemed necessary by Bike Works Beach and Sports, including but not limited to commercial use, and I waive all right to any future compensation to which I may otherwise be entitled as a result of the use of my name or likeness and (7) NO REFUNDS. I understand that the entry fee is non-refundable and non-transferable. I also understand the Event will take place rain or shine. I HAVE CAREFULLY READ, UNDERSTAND AND VOLUNTARILY SIGNED THIS AGREEMENT. I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER, I HAVE READ THIS DOCUMENT, AND I UNDERSTAND ITS CONTENTS. For persons under 18 years of age, a parent or legal guardian must sign the above Waiver and Release and complete the following section. I am the parent or natural guardian of _________________________________ ("Child") and have executed the foregoing Waiver and Release Agreement for and on behalf of my Child. I HAVE READ AND UNDERSTAND THIS WAIVER AND RELEASE AGREEMENT. In consideration of allowing my Child to participate in the Event, I agree that THE TERMS OF THIS WAIVER AND RELEASE AGREEMENT SHALL BIND ME, MY CHILD, our personal representatives, heirs and assigns. I HEREBY RELEASE AND PROMISE NOT TO SUE, AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS, THE RELEASEES FROM EVERY CLAIM AND ANY LIABILITY that I or my Child may allege against the Releasees, including attorney fees, as a direct or indirect result of injury to me or my child, or my or my Child's property, or resulting in my or my Child's death, because of my Child's participation in the Event or its staging, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise.
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. USA T WAIVER AND RELEASE OF LIABILITY, USA TRIATHLON 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 ofa single event license or permit; l, 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) lam 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 ofa 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 ofthis 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, orfor 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. 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 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. I have read and accept all waivers