READ
THIS DOCUMENT (THE "WAIVER AGREEMENT") CAREFULLY BEFORE SIGNING. THIS WAIVER AGREEMENT WILL AFFECT YOUR LEGAL
RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING A FUTURE LAWSUIT.
I
understand and acknowledge that I am legally agreeing to the statements in the
following paragraphs of this Waiver Agreement by affixing my signature below
and that these statements are being accepted by USA Triathlon (hereinafter
"USAT") in consideration for (i) allowing me to become a member of
USAT, (ii) issuing me a single event license or permit, and/or (iii) permitting
me to participate in any USAT sanctioned event; and I further understand and
acknowledge that my statements are being relied upon by race sponsors,
organizers, administrators, volunteers and other parties defined below as the
"Released Parties."
1. I acknowledge that a triathlon, duathlon, or
other multi-sport event (hereinafter "Event") is an extreme test of a
person's physical and mental limits and carries with it the potential for
death, serious injury, and property damage.
I acknowledge and agree that it is my responsibility to determine
whether I am sufficiently fit and healthy enough to safely participate in an
Event, and I attest and certify that I am or will be sufficiently fit and physically
trained to participate in any Event which I elect to enter. I have no physical
or medical condition which would endanger myself or others if I participate in
any Event, or would interfere with my ability to safely participate in any
Event. I accept responsibility for the
condition and adequacy of my competition equipment and my conduct in connection
with any Event. I understand and
acknowledge the dangers associated with the consumption of alcohol and/or drugs
before, during and after any Event and I recognize that consumption of alcohol
and/or drugs might impair my judgment and/or motor skills. I assume full responsibility for any injury,
loss or damage associated with my consumption of alcohol and/or drugs.
2. On behalf of myself, my executors,
administrators, heirs, next of kin, successors and assigns, and anyone else who
might sue on my behalf, I HEREBY WAIVE, RELEASE, and FOREVER DISCHARGE USAT,
all Event sponsors, Event producers, Event staff, administrators, officials,
contractors, vendors, and organizers (including race directors), volunteers,
all other persons or entities involved with an Event, states, cities, towns,
and other governmental bodies and locations in which an Event or portions of an
Event takes place, and the officers, directors, employees, agents, insurers,
other participants and representatives of all of the above (collectively, the
"Released Parties"), from any and all claims, causes of action,
damages, losses (economic and non-economic), and liabilities of every kind (collectively
"Claims"), for death, personal injury, or property damage, which may
arise out of, result from, or relate to my participation in, or my traveling to
or from, any USAT sanctioned Event, including but not limited to any Claims for
theft, damage to any equipment, negligence, partial or permanent disability,
Claims relating to the provision of first aid, medical care, medical treatment,
or medical decisions (at an Event site or elsewhere), and any Claims for medical
or hospital expenses.
3. I acknowledge and ASSUME ALL OF THE RISKS and
aspects of an Event. I acknowledge that
running, bicycling, swimming and other portions of an Event are inherently
dangerous and I understand that I will be participating in an Event at my own
risk, that I am responsible for the risk of participation in an Event, and that
I am waiving and releasing my legal rights to sue for any injury or damages
arising out of or resulting from my participation in an Event. I further understand that any injury or
damages incurred may be the result of negligence, omission or carelessness by
the Released Parties
4. I FURTHER COVENANT and AGREE NOT TO SUE any
of the Released Parties for any of the Claims that I have waived, released, or
discharged herein. I AGREE TO INDEMNIFY
and HOLD HARMLESS the Released Parties from any and all expenses incurred,
Claims made, or liabilities assessed against them, including but not limited to
attorneys' fees and litigation expenses, arising out of or resulting from,
directly or indirectly, in whole or in part, my breach or failure to abide by
any part of this Waiver Agreement, my breach or failure to abide by any of
USAT's Competitive Rules, and my actions or inactions which cause injury or
damage to any other person.
5. I AGREE to abide by 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 AGREE that prior to participating in an
Event I will inspect the race course, facilities, equipment, and areas to be
used, and if I believe or become aware that any are unsafe, I will immediately
advise the Race Director. I FURTHER
GRANT to Event organizers, USAT, and their licensees the right, permission, and
authority to use my name, voice, picture, or photograph, in any broadcast,
telecast, commercial advertisement, promotion, or other account of an Event,
and I WAIVE any rights to future compensation to which I might otherwise have
been entitled for such use.
6. The parent or legal guardian who signs the
Waiver Agreement on behalf of a minor, incapacitated and/or mentally challenged
person (hereinafter "Said Person"), hereby acknowledges that he or
she has the legal capacity and authority to act on behalf of Said Person to
legally bind Said Person to the Waiver Agreement. The parent or legal guardian who signs the
Waiver Agreement agrees to indemnify and hold harmless the Released Parties for
any expenses incurred, Claims made, or liabilities assessed against them, as a
result of any insufficiency of legal capacity or authority to act on behalf of
Said Person in the execution of the Waiver Agreement.
7. If any provision of this Waiver Agreement
shall be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from this Waiver Agreement and shall not affect the
validity and enforceability of any remaining provisions.
2013
ACKNOWLEDGMENT WAIVER & RELEASE FROM LIABILITY FORM (AWRLF) FOR THE LIFE
TIME KIDS TRIATHLON
Read
this form carefully. Once you have read
this form, if you agree to all the terms and conditions contained in this from
click the I AGREE button at the bottom of this page and proceed with
registration. If you are under 18 years
in age, a Parent or Guardian is required to input their name and click the (I
AGREE) button for you to continue with registration for this event.
I
certify that I have carefully read and understand all the 'Confirmation
information' contained on the LIFE TIME KIDS TRIATHLON (Event) web site,
attended an Event course talk if I had any concerns or questions regarding any
aspect of the Event, and had those questions satisfactorily answered. I further
certify that as the participant, I am physically fit and have sufficiently
trained to participate in the either the LIFE TIME KIDS TRIATHLON or that
should my child elect to participate in the LIFE TIME KIDS TRIATHLON that my
child is physically fit and has sufficiently trained to participate and that my
physical condition for participation or my child's physical condition for his
or her participation has been verified by a qualified licensed medical Doctor
(MD).
I
also acknowledge that the swim portion of the Event my child or I will be
participating in will be an extreme test of my or my child's abilities and
carries the potential for death or injury.
I also acknowledge that as the participant in the swim leg of that
Event, I or my child must be capable of safely swimming a distance equal to or
greater than the swim distance in the Event, and that if I or my child are
participating in the LIFE TIME KIDS TRIATHLON, as the participant, one of the
following is true:
a) I
have participated on an age group, high school or college swim team.
b) I
have completed the swim in a triathlon of equal or greater distance.
c) I
have completed a continuous swim in a pool or in open water of equal or greater
distance within the last 30-days.
I
also certify that the equipment I or my child will be using in the Event
including but not limited to a wetsuit, bike helmet, bicycle, etc., fit
properly, have been verified by a qualified professional to be in good working
order, and at a minimum meet the standards as outlined on the Event web site
under Rules of Participation/Race Day Procedures. I acknowledge that the Event
will be an extreme test of my or my child's physical & mental ability &
carries the potential for death, serious injury & property loss. Risks
include, but are not limited to those caused by terrain; road surface;
temperature; water conditions; contact with obstacles or water craft; weather;
vehicular traffic; actions of others and lack of hydration. I am aware that the
support personnel who will provide emergency first aid will be volunteers. I
hereby consent to receive medical treatment for myself or my child that may be
deemed advisable in the event of injury, accident or illness during the
event(s). I hereby take action for executors, my administrators, heirs, next of
kin, successor, assigns and myself as
follows:
A. WAIVE, RELEASE & DISCHARGE from any and
all liability for myself or my child, for my or my child's death, disability,
personal injury, property damage, property theft or actions of any kind which
may hereafter accrue to me or my child as a result of my or my child's
participation in the LIFE TIME KIDS TRIATHLON: Life Time Fitness, Inc, the
producer of the LIFE TIME KIDS TRIATHLON;
all Event Sponsors; race directors; race staff and crew; race
volunteers; the City(specific to each venue), the Park District(specific to
each venue), County(if applicable, specific to each venue), City Police(specific
to each venue), and its (their) office, officers, directors, employees,
representatives & agents & volunteers.
B.
INDEMNIFY & HOLD HARMLESS the above mentioned persons or entities contained
in this AWRLF from any & all liabilities and expenses (including reasonable
attorneys' fees) or claims made by other individuals or entities as a result of
any of my or my child's actions during the LIFE TIME KIDS TRIATHLON. I
understand that during the Triathlon I or my child may be photographed and I
agree to allow my or my child's photo, video, name or likeness to be used for
any legitimate purpose by Life Time Fitness, Inc. and all other Event Sponsors
and/or assigns without compensation to me or my child. This form shall be construed broadly to
provide a release and waiver to the maximum document; and I understand its contents. I am aware that the Event (LIFE TIME KIDS TRIATHLON)
is an advertising/marketing vehicle for Events Sponsors (SPONSORS) and that
SPONSORS merely provide trade (product and/or services) and/or financial
support. I am also aware that SPONSORS
have no part in, or responsibility for, planning, conducting or administering
any aspect of the Event or for the well being, health or safety of Event
participants. I hereby agree that in the
event of race cancellation due to weather conditions, 'acts of God,' or any
other reason, my or my child's Event registration fee shall not be refunded.