ALLWAYS TRIATHLON CLUB
 Swim & Training Programs 

ALLWAYS Triathlon Club

Waiver of Liability

 

 

WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU AND THE RIGHT TO SUE the ALLWAYS TRIATHLON CLUB 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.

 

WAIVER AND RELEASE OF LIABILITY ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

 

IN CONSIDERATION of the ALLWAYS Triathlon Club allowing me to participate in camps, clinics, and trainings; 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”);

 

1.             I hereby represent that (i) I am in good health and proper physical condition to participate in the camp, 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 camp, 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 camp, clinics and training. 

 

2.             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 triathlon camps, 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 whether 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 camp, clinics and training 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 maybe caused in a whole or in part of my actions or inactions, the actions or inactions of others participating in the camp, 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 camp, clinics and training.

 

ALLWAYS Triathlon Club

Waiver of Liability

 

3.             I agree to be familiar with and abide by the rules and regulations established for the camp, clinics and training, including but not limited to the competitive rules adopted by 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 camp, 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 Camp, clinics and training's Advertisement.

 

4.             I hereby Release, Waive and Covenant Not to sue, and further agree to indemnify, defend and Hold Harmless the following parties: ALLWAYS Triathlon Club, the coaches, the camp, clinics and training, the Organizers and Promoters,  Sponsors, Advertisers, Venues and Property Owners upon which the camp, 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 “ Camp, clinics and training Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expenses (including the 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 Camp, 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 signing it (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 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 parties regarding these issues and no oral representations, statements or inducements have been made apart 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.