WARNING: READ CARFULLY. THIS AGREEMENT INCLUDES A REALEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU AND THE RIGHT TO SUE the AMERICAN AND AUSTRALIAN TRIATHLON LLC. RACE, CLINICS AND TRAINING AND OTHER PARTIES. DO NOT AGREE WITH 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 LAIBILITY ASSUPTION OF RISK AND INDEMNITY AGREEMENT
IN CONSIDERATION of the American And Australian Triathlon Camp LLC allowing me to participate in the AMERICAN AND AUSTRALIAN TRIATHLON CAMP, LLC, sanctioned race, clinics and training; I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executers, administrators, successors, and assigns, hereby agree to make the following contractual representations pursuant to this waiver and release liability, assumption of risk and indemnity agreement (the “agreement”);
I hereby represent that (i) I am in good health and proper physical condition to participate in the Race, clinics and training; and (ii) I am not under or will be under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Race, clinics and training. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Race, clinics and training.
I understand and acknowledge the physical and mental rigors associated with triathlon, duathlon, or other multi-sport events, and realise that running, bicycling, swimming and other portions of such triathlon Races, clinics and training 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, 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, 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 Race, clinics and training Organisers; 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 maybe caused in a whole or in part of my actions or inactions, the actions or inactions of others participating in the Race, clinics and training, or the acts, inaction or negligence of the released parties defined below, 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 Race, clinics and training.
I agree to be familiar with and abide by the rules and regulations established for the Race, clinics and training, including but not limited to the competitive rules adopted by the AMERICAN AND AUSTRALIAN TRIATHLON CAMP, LLC and the guide to prohibited substances and prohibited methods of doping adopted by the United States Anti-Doping Agency. I also accept responsibility for my own conduct and actions while participating in the Race, clinics and training, and the condition and adequacy of my equipment. I allow the use of any photos or videos of myself or in a group to be used for the Race, clinics and training’s Advertisement.
I hereby Release, Waive and Covenant Not to sue, and further agree to indemnify, defend and Hold Harmless the following parties: AMERICAN AND AUSTRALIAN TRIATHLON CAMP, LLC, the Race, clinics and training, the Organisers and Promoters, Sponsors, Advertisers, Venues and Property Owners upon which the Race, clinics and training takes place, 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 “ Race, clinics and training Organisers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expenses (including the court costs and reasonable attorney’s fees) of any kind or nature (“Liability”) which may arise out of, result from , or relate to my participation in the Race, clinics and training 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 from such liability which any maybe 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 agreeing with this (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executers, administrators, successors, and assigns), acknowledge that I have agreed with 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 parties regarding these issues and no oral representations, statements or inducements have been made a part of this Agreement. If any provision of this Agreement is held to be unlawful, void, or any reason to be unenforceable, then that provision shall be deemed from this agreement and shall not affect the validity of the enforceability of any remaining provisions.
As the Parent and/or Legal Guardian to the minor identified above, I hereby accept and agree to all the terms and conditions of this agreement in connection with the minor’s participation in the Race, clinics and training. If, despite this Agreement, I, or anyone the minor’s behalf, makes a claim for Liability against any of the Releasing Parties, I will indemnify, defend and hold harmless each of the Releasing Parties form any such Liabilities which any may be incurred as the result of such a claim.