USAT Participant Waiver & Release Form
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,
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, l, 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 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.