Parental Disclaimer and Waiver
ALL ATHLETES MUST READ AND AGREE. PLEASE READ CAREFULLY BEFORE ACCEPTING THIS ACKNOWLEDGMENT, WAIVER AND RELEASE FROM LIABILITY (AWRL)
WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE HUNTER LUSSI, America’s tri For Health, LLC AND OTHER RELATED PARTIES. DO NOT ACCEPT THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
IN CONSIDERATION of the America’s tri For Health, LLC, America’s Tri For Health™, Hunter Lussi, and their employees and related parties (“AFTT”) allowing ________________, to participate in AFTT Events and Website Use, promotions and use of this website and all related information and consequences of any kind whatsoever (“Events and Website Use and Website Use”), I, for myself and for _____________________(herein after “Minor”) as Minor’s legal guardian, and on behalf of my spouse, other 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) Minor is in good health and in proper physical condition to participate in the Events and Website Use; and (ii) Minor is not nor will Minor be under the influence of alcohol or any illicit or prescription drugs which would in any way impair Minor’s ability to safely participate in the Events and Website Use. I agree that it is my sole responsibility to determine whether Minor is sufficiently fit and healthy enough to participate in the Events and Website Use.
2. I understand and acknowledge for myself and the Minor that the physical and mental rigors associated with Events and Website Use including but not limited to triathlon, duathlon, or other multi-sport events, and realize that running, bicycling, swimming and other portions of such Events and Website Use are inherently dangerous and represent an extreme test of a person’s physical and mental limits. I understand and acknowledge for myself and the Minor 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 AFTT; and other undefined harm or damage which may not be readily foreseeable, and other presently unknown risks and dangers ("Risks"). I understand and acknowledge for myself and the Minor 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 Events and Website Use, or the acts, inaction 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 and or the Minor incurs or will incur as a result of Minor’s participation in the Events and Website Use.
3. I agree for myself and Minor are familiar with and abide by the Rules and Regulations established for the Events and Website Use, including but not limited to the Competitive Rules adopted by USAT and the Guide to Prohibited Substances and Prohibited Methods of Doping adopted by the United States Anti-Doping Agency. I also accept sole responsibility for my own conduct and actions and the conduct and actions of the Minor while participating in the Event, and the condition and adequacy of my equipment and the equipment of the Minor.
4. I for myself and for the Minor, I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: AFTT, the Event Organizers and Promoters, Race Directors, Sponsors, Advertisers, Host Cities, Local Organizing Committees, Venues and Property Owners upon which the Events and Website Use take place, Law Enforcement Agencies and other Public Entities providing support for the Events and Website Use, 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 "Event Organizers"), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature ("Liability") which may arise out of, result from, or relate to my participation and or the Minor’s participation in the Events and Website Use, 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 of the Minor, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which any may be 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, for myself, and for Minor, we will be giving up substantial legal rights by accepting 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 accepted this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my clicking the checkbox on the registration page 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 the 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, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The undersigned is the parent and natural or legal guardian of Minor and hereby acknowledges that he or she has executed the foregoing AWRL for and on behalf of the Minor named herein. As the natural or legal guardian of such Minor, I hereby bind myself, the Minor and our executors, administrators, heirs, next of kin, successors and assigns to the terms of the foregoing AWRL. I represent that I have the legal capacity and authority to act for an on behalf of the Minor named herein, and I agree to indemnify and hold harmless the persons or entities mentioned in the foregoing AWRL for any expenses incurred, claims made or liabilities assessed against them, as a result of any insufficiency of my legal capacity or authority to act for and on behalf of the Minor in the execution of the foregoing AWRL or in the execution of the consent and authorization for medical treatment.
I hereby authorize any licensed physician, emergency medical technician, hospital or other medical or health care facility ("Medical Provider") to treat the Minor named herein for the purpose of attempting to treat or relieve any injuries received by said Minor arising out of or relating to any event sanctioned by AFTT. I authorize any such Medical Provider to perform all procedures deemed medically advisable by the Medical Provider in attempting to treat or relieve any such injuries and any related conditions of said Minor that may be encountered during the course of attempting to treat or relieve such injuries. I consent to the administration of anesthesia to the Minor as deemed advisable during the course of such treatment. I realize and appreciate that there is a possibility of complications and unforeseen consequences in any medical treatment, and I assume any such risk for and on behalf of said Minor and myself. I acknowledge that no warranty is being made as to the results of any medical treatment.