2014 NEW
YORK CITY TRIATHLON
WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY
AGREEMENT
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.
IN CONSIDERATION of USA Triathlon (“USAT”) and Life Time Fitness, Inc. and its
subsidiaries (“Life Time”) allowing me to participate in this 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”);
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.
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 dangerous
and represent an extreme test of a person’s physical and mental limits. I
understand that participation involves risks and dangers, some of which are
inherent, which include, without limitation, the potential for serious bodily
injury, permanent disability, paralysis and death; loss or damage to property;
exposure to extreme conditions and circumstances; accidents, illness, contact
or collision with other participants, spectators, pedestrians, vehicles, or other
natural or manmade objects; dangers arising from adverse weather or tidal 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 harm or damage which may not be readily foreseeable, and other
presently unknown risks and dangers (“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.
I agree to be familiar with and 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.
I hereby Release, Waive and Covenant Not to Sue, and further agree to
Indemnify, Defend and Hold Harmless the following parties: USAT, Life Time
Fitness, Inc., all Event sponsors, and all Host Cities, 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 grant
permission for USAT, Life Time Fitness, Inc., and all Event sponsors, to use my name,
likeness image, signature, and/or biographical or personal information (“Rights”)
in connection with the staging and promotion of the Event, telecasts or
webcasts of the Event, and in publicity, advertising and promotion materials
for the Event and future editions of the Event and Event telecasts. I waive any right that I may have to inspect
or approve any finished product that may be used in connection with the
Event. I assign to Companies all Rights
that have been captured in connection with the Event.
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.