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, 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.
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.
If I am registering any
racer other than myself for the Gold Nugget Triathlon, I certify that I am
authorized by such person to agree on their behalf to the
above waiver.
In order to complete
registration, you must by law be 18 or older.
Parental Consent (required
if the participant is less that 18 years of age) 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 on behalf of the minor 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.