|
PLEASE 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.
|
