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Kids TRI for Kids Triathlon & Duathlon – TRI-Indy Race Date 08/01/2021
2021 WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE USA TRIATHLON AND OTHER PARTIES. DO NOT AUTHORIZE 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 Kids Tri for Kids ("KTFK") allowing my minor child to participate in any Kids Tri for Kids sanctioned event (the "Event" or "Events") I, for 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) my child is in good health and in proper physical condition to participate in the Event; and (ii) my child is not under the influence of alcohol or any illicit or prescription drugs which would in any way impair his/her ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether my child is sufficiently fit and healthy enough to participate in the Event.
2. On behalf of my child, I understand and acknowledge the physical and mental rigors associated with triathlons, duathlons, or other multi-sport events, and realize that running, bicycling, swimming and other portions of such Events are inherently dangerous and represent a 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 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 the Event 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 may be caused in whole or in part by his/her own actions or inactions, the actions or inactions of others participating in the Event, 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 my child incurs as a result of his/her participation in the Event.
3. I agree that my child and I will be familiar with and abide by the Rules and Regulations established for the Event, including but not limited to the Competitive Rules adopted by USAT. I also accept sole responsibility for my child's conduct and actions while participating in the Event, and the condition and adequacy of his/her equipment.
4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: Kids Tri for Kids and its employees and Board of Directors, USA Triathlon, the Event Organizers, MEG & Associates, Promoters, Race Directors, Sponsors, Advertisers, Host Cities, Local Organizing Committees, Venues and Property Owners upon which the Event takes place, Law Enforcement Agencies and other Public Entities providing support for the Event, 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 attorney's fees) of any kind or nature ("Liability") which may arise out of, result from, or relate to my participation in the Event, including claims for Liability caused in whole or in part by the negligence of the Released Parties.
5. 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 Parties from any such Liability which any may be incurred as the result of such claim.
6. I further grant full permission to the above mentioned sponsor(s), organizers, and/or agents authorized by them, to use any photographs, videotapes, motion pictures, recordings or other record of the event for any reasonable purpose. I further grant full permission to Kids TRI for Kids to contact me through the email addresses that I have provided through the Kids Tri for Kids registration process. I understand that I may unsubscribe from future email notifications at any time. 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 authorizing 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 acknowledged this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my acknowledgement 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.
Races will be capped at 200 participants subject to Race Director discretion. Online registration will close at 6:00 pm on the 2nd day prior to each event. If the maximum participant number is not reached, you may be able to register at the Event. Day-of-event sign-up is
$45.00 per participant. All participants must be USAT members. For a smoother registration, please secure your USAT membership online prior to the Event.
Memberships can be purchased online at: http://www.usatriathlon.org/membership-services/join-or-renew.aspx You must bring your USAT registration card or other evidence of USAT membership. If you do not have that, or it could not be verified at the event, you will need to join USAT as an annual member with the paper registration for $10.00, (cash, check or card). There is no guarantee of a T-shirt available for on-site registrations or registrations after the posted T-Shirt cut-off date.
Athlete: (printed) ________________________________BIB NUMBER:__________ (STAFF USE) Race _________
Parent: (signed) __________________________________Date:_________________ D-B _______________
Parent acknowledges and approves 2021 WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
The Athlete
First Name
Last Name
Gender
TRIATHLON or DUATHLON or RELAY (DU/TRI)
Date of Birth
Age (as of 12/31/2021)
USAT #
USAT Expiration Date
Shirt Size
1st Time for KTFK this Year?
YES / NO
Address
City
State
Zip
Parent/Guardian
Parent/Guardian #1 First Name
Parent/Guardian #1 Last name
Parent/Guardian #1 Cell Phone
Parent/Guardian #1 email
Payment: Amount: _ _ Cash / Check to Kids TRI for Kids: Check # Square _