This Release of Liability and Hold Harmless Agreement (“Agreement”), is made between (Do-B Events d.b.a. 4 WOMEN Triathlon, Michael Kurus) and its members, officers, directors, agents, employees, volunteers, and any other person or entity acting on its behalf (hereinafter referred to collectively as “Organizer”) and the person(s) executing this document (hereinafter referred to as “Participant”).
PARTICIPANT ACKNOWLEDGES THAT THERE ARE INHERENT RISKS IN EXERCISING AND PARTICIPATING IN MULTI-SPORTS TRAINING AND COMPETITIONS SUCH AS TRIATHLONS. THOSE RISKS INCLUDE SERIOUS BODILY INJURY AND DEATH. PARTICIPANT UNDERSTANDS THAT THESE RISKS ARISE DUE TO THE NATURE OF SWIMMING, CYCLING, RUNNING AND EXERCISING AND MAY INCLUDE BUT ARE NOT LIMITED TO DROWNING, FALLING, ENCOUNTERING OBSTACLES, PEDESTRIANS, OTHER COMPETITORS AND AUTOMOBILES; EXPERIENCING HEART ATTACK AND HEAT STROKE, OR OTHER WEATHER RELATED INJURIES. PARTICIPANT UNDERSTANDS THAT SERIOUS BODILY INJURY, PROPERTY DAMAGE, OR DEATH MAY RESULT FROM EXERCISING, TRAINING AND COMPETING IN MULTISPORT EVENTS. PARTICIPANT ACKNOWLEDGES THAT HE OR SHE HAS BEEN ADVISED TO CONSULT WITH A PHYSICIAN BEFORE BEGINNING ANY PHYSICAL ACTIVITY OR TO PARTICIPATE IN THESE TRAINING AND EVENTS. BY SIGNING THIS AGREEMENT, PARTICIPANT ACKNOWLEDGES THAT HE/SHE IS AWARE OF THE RISKS, APPRECIATES THAT THESE RISKS INCLUDE SERIOUS BODILY INJURY, PROPERTY DAMAGE, AND DEATH, BUT VOLUNTARILY CHOOSES TO ENCOUNTER THESE RISKS ANYWAY THEREBY ASSUMING ALL THE RISK FOR INJURY, DAMAGE, OR DEATH CAUSED TO PARTICIPANT. PARTICIPANT FURTHER ACKNOWLEDGES THAT SHE OR HE IS PHYSICALLY FIT, HAS TRAINED TO PARTICIPATE IN THIS TRAINING OR COMPETITION, AND WILL WEAR AN ANSI/SNELL APPROVED HELMET WHILE ON THE BICYCLE. PARTICIPANT WILL ABIDE BY ALL RULES, REGULATIONS, STATE VEHICLE LAWS AND MUNICIPAL LAWS.
In consideration for participating in the triathlon training activities and the competition, Participant hereby releases, waives, and forever discharges Organizer of all actions of whatever kind arising from bodily injury, death, or property damage which relate in any way to Organizer’s training and competition related services and activities so long as such injury, property damage, or death is not caused by an intentional, willful, or wanton act or omission of 2/2 Organizer (i.e. Participant releases Organizer from liability for damages caused by Organizer’s negligent acts or omissions only). Participant further agrees to indemnify Organizer for, and hold Organizer harmless from, all judgments, claims, demands, attorney fees, and costs arising from any such action. Participant further releases for any damages occurring traveling to or from the training and/or competition.
This release is given on behalf of Participant and Participant’s spouse, legal representatives, administrators, executors, heirs, and assigns, and in the case of any child or children of Participant’s, on behalf of them and their legal representatives, administrators, executors, heirs, and assigns. This release is an ongoing release that does not expire and remains in effect until Participant has revoked it in a writing provided to Organizer. PARTICIPANT ACKNOWLEDGES THAT HE/SHE HAS CAREFULLY READ THIS RELEASE, UNDERSTANDS THAT HE/SHE IS KNOWINGLY AND VOLUNTARILY ASSUMING ALL RISKS ASSOCIATED WITH PARTICIPATING IN TRAININGS OR COMPETITIONS, INCLUDING SERIOUS BODILY INJURY, DEATH, AND PROPERTY DAMAGE, AND RELEASES ORGANIZER FROM ALL LIABILITY FOR BODILY INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM ORGANIZER’S NEGLIGENCE. PARTICIPANT SHALL INDEMNIFY AND HOLD ORGANIZER HARMLESS FROM THE SAME. Participant gives permission to use his or her use name, photograph and likeness in photographs, videotapes, media and Internet for publishing results, publicity and promotional purposes. Participant consents to emergency treatment, first aid and medical treatment in the event of an injury, accident or illness.