2020 Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement
IN CONSIDERATION OF TRI-Umph Today Coaching Activities, allowing me to participate in the TRI-Umph Today Coaching Activities, 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”);
- 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.
- 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.
- 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.
- I hereby
release, waive and covenant not to sue, and further agree to indemnify, defend
and hold harmless the following parties: TRI-Umph Today Coaching Activities 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.