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Kids Who Tri Succeed Triathlon Race Waiver

WAIVER AND RELEASE MUST BE READ AND SIGNED BY PARENT/GUARDIAN The undersigned, being the parent or legal guardian of the child under the age of 18 listed above (hereinafter the "Minor"), has requested that Kids Who Tri Succeed (Kids Who Tri") allow the Minor to participate in certain racing activities at the Kids Who Tri’s triathlon. The undersigned has been advised and understands that the racing activities in which the Minor will participate and the areas in which the racing activities will occur can be dangerous and involve a number of risks including bodily injury. As an inducement of Kids Who Tri to allow the Minor to participate in the triathlon the Minor and Parent/Legal Guardian, for himself or herself and his/her successors, heirs, and legal representatives does hereby expressly agree and acknowledge the following:

1.The Minor/Parent/Legal Guardian hereby voluntarily assumes any and all risks involved or in any way related to the Minor’s participation in the triathlon including, but without limitation, the risk of bodily injury and/or property damage.

2.The Minor/Parent/Legal Guardian releases and forever discharges Kids Who Tri, Rebecca Stephenson, the Town of Mansfield, the FastFinishes and their members, managers, employees, respective agents, affiliates, successors, heirs and assigns, and all personas direct or indirectly having an interest therein (together, all of the foregoing being referred to as the "Kids Who Tri Group") from, and agrees not to sue them on account of or in connection with any claims, causes of action, injuries, damages, costs or expenses arising out of the Minor’s participation in the triathlon, including without limitation those based on bodily injury and/or property damage whether or not caused by the negligence or other fault of any member of the Kids Who Tri Group including strict product liability without fault.

3.The Minor/Parent/Legal Guardian agrees to indemnify and hold harmless the Kids Who Tri Group from and against any and all claims, causes of action, damages, judgment, attorney’s fees, costs or expenses which in any way arise from the Minor’s/Parent’s/Legal Guardian’s participation in the triathlon. The Kids Who Tri group will not be responsible for medical, hospital, emergency room or transportation expenses for any illness or injury to the above named participants.

4.I hereby grant full permission to the Kids Who Tri Group to use my and/or the Minor’s photograph, video tape, motion pictures, recordings, or any other record of this event for any purpose without compensation, acknowledgement or further consent.

5.I certify that the information contained on this form is accurate and complete.

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 memberof 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 followingcontractual 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 inuence 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 man made 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 underlined 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 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 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 beunlawful, 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.