RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
NOTICE: This release form is a contract with legal consequences. Read it carefully before accepting. DO NOT accept this agreement unless it is your strongest wish and desire that this agreement be binding on you.
IN CONSIDERATION of being permitted to participate in any way in any events or to receive triathlon/running and training related advice, training plans, coaching, or training, including (but not limited to) cycling on roads open to traffic, swimming in a pool or open water, trail running and high intensity or high volume endurance training, and transportation to and from events ("Triathlon/Running Training") at any time, I freely and voluntarily, for myself, my personal representatives, assigns, heirs, and next of kin:
- ACKNOWLEDGE, agree, and represent that I understand the nature of the Triathlon/Running Training and that I am qualified, in good health, and in proper physical condition to participate in such Triathlon/Running Training. I further agree and warrant that if, at any time, I believe the conditions to be unsafe, I will immediately discontinue further participation in the Triathlon/Running Training.
- AGREE that I alone am 100% responsible for: (a) my proper preparation and safety while participating in any race, training session, event or other Triathlon/Running Training; (b) providing, utilizing and maintaining the equipment necessary for the safe enjoyment of my participation in Triathlon/Running Training; (c) wearing a properly functioning SNELL or ANSI Approved helmet while participating in bicycling, regardless of form (i.e. road or mountain riding); (d) riding my bicycle safely and following traffic laws (regardless of what anyone around me is doing); and (e) my safety while swimming in the open water. I also understand that no one will be guarding or watching me for extended periods of time in the open water (even during small group or 1 on 1 coached swims) and that I will take 100% responsibility for my own safety in the open water. I understand that I should purchase a swim safety device or hire a lifeguard if I want to guarantee my safety in the water. I also represent that I have no physical or medical condition, which in my knowledge would endanger myself or others, while I participate in these Triathlon/Running Training.
- FULLY UNDERSTAND that: (a) THIS TRIATHLON/RUNNING TRAINING INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, DROWNING, BRAIN INJURY, AND DEATH, (“Risks"); (b) these Risks and dangers may be caused by my own actions or inactions, defective or dangerous equipment or property, or the actions or inactions of others participating in the Triathlon/Running Training, the conditions in which the Triathlon/Running Training takes place, or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be OTHER RISKS or SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation, or that of the minor, in the Triathlon/Running Training.
- HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Dean Roberts or Paula Roberts personally, [email protected], RyR Endurance Team, LLC, www.ryrenduranceteam.com, or any other person, business or entity to which Dean Roberts or Paula Roberts are associated, the sanctioning organization(s), their administrators, directors, agents, officers, members, volunteers, and employees, other participants, officials, rescue personnel, sponsors, advertisers, owners and lessees of Premises on which the Triathlon/Running Training is conducted, (each of the forgoing shall be considered one of the RELEASEES herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred as the result of such claim.
I ACKNOWLEDGE THAT I AM OVER THE AGE OF 18 YEARS, HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ACCEPTING IT, HAVE ACCEPTED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND I INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.