T4 Waiver and Release of Liability

  2014 WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMINITY AGREEMENT

IN CONSIDERATION OF TRI-Umph Today Youth Triathlon Team, allowing me to participate in the TRI-Umph Today Youth Triathlon Team, I, 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”);

1. I hereby represent that (i) I am in good health and in proper physical condition to participate in the practices; 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 practices. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the practices.
   
   
2. I understand and acknowledge the physical and mental rigors associated with triathlon, and realize that running, bicycling, swimming and other portions of such practices 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 (“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 practices, or the acts, inactions 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 practices.
   
   
3. I agree to be familiar with and abide by the rules and regulations established for the practices. I also accept sole responsibility for my own conduct and actions while participating in the practices.
   
   
4. I hereby release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless the following parties: TRI-Umph Today Youth Triathlon Team and TRI-Umph Today Coaching LLC and each of its 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 actions, damage(s), loss or expense (including 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 practices, 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 Release Parties, I will indemnify, defend or hold harmless each of the Released Parties from any such Liability which any may be incurred as a 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, 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 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, than that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Signature by Parent/Guardian required if Participant is under the age of 18