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