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 in uence 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 su ciently t 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 unde ned 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 de ned 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 a liated companies, o cers, 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 con rmation 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 a ect the validity and enforceability of any remaining provisions.