Location: Bethany Beach, DE US 19930

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2023 Membership

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SOUTHERN DELAWARE WOMEN'S MULTISPORT CLUB RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT ("AGREEMENT") IN CONSIDERATION for being permitted to participate in any way in any club activities (“ACTIVITIES” or “Activity”) including any member-led Activities and Activities sponsored and/or promoted by the Southern Delaware Women’s Multisport Club (a/k/a “SDWMC”), I, for myself, my personal representatives, assigns, heirs, executors, successors and next of kin: 1. ACKNOWLEDGE, agree, and represent that I understand the nature of multisport activities, multisport’s single sport counterparts, training, and cross-training activities AND that I am qualified to participate in any such Activities. 2. ACKNOWLEDGE that the Activities may be conducted over public or private roads, trails, boardwalks, beaches, lakes, parks, private property, and other facilities where hazards are to be expected. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activities. 3. ACKNOWLEDGE that I am not relying on SDWMC for my health, safety, or for freedom from risk or injury. 4. UNDERSTAND that all participants in any bicycling Activity are required to wear an unexpired bicycle helmet; and I agree to wear a bicycle helmet while riding a bicycle as part of any Activity. 5. UNDERSTAND that all participants in any open water swimming Activity are strongly encouraged to wear a blaze orange or a hot pink swim cap AND to wear/tow a swim buoy. 6. FULLY UNDERSTAND that (a) the ACTIVITIES INVOLVE RISKS and DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“RISKS”); (b) these Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of other participants in the Activity, the condition in which the Activity takes place, or other factors; (c) there may be OTHER RISKS AND 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 in the Activity. 7. UNDERSTAND that this is a legal document and that I have been advised to read it carefully before signing. PRIOR TO THIS AGREEMENT'S EXECUTION I MAY CONSULT WITH AN ATTORNEY. 8. HEREBY WAIVE, RELEASE, DISCHARGE, COVENANT NOT TO SUE AND AGREE TO INDEMNIFY AND HOLD HARMLESS SDWMC, its administrators, directors, officers, members, volunteers, staff, coaches, contractors, and employees; other participants; and any other sponsor, donor, partner, vendor, advertiser and, if applicable, municipalities, owners and lessors and their respective agents and employees of premises on which the Activity takes place for any and all liability including negligence actions, claims, debts and demands of every kind whatsoever which occur directly or indirectly as a result of my participation in the Activity even though that liability may arise out of negligence or carelessness on the part of the persons or entities mentioned above. 9. GIVE SDWMC unrestricted permission to use and/or publish pictures of me for promotional purposes including but not limited to photos taken during Activities or photos posted to SDWMC social media groups, pages, feeds, etc.. I hereby waive any right that I may have to inspect and approve the finished product or copy that may be used in connection with an image of me or the use to which it may be applied. I further release SDWMC from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of images. 10. UNDERSTAND that my registration information will be released to USA Triathlon as a condition of SDWMC being a USA Triathlon registered club. SDWMC will not share my registration information with other businesses for solicitation purposes without my express permission. 11. ATTEST that I am at least 18 years of age. 12. ATTEST that I am in good health and in proper physical condition to participate in the Activities. 13. AGREE that I will not participate in any Activities while under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Activity 14. UNDERSTAND that SDWMC is a local affiliated organization (LAO) of USA Triathlon, a national sport governing body (NGB) and, as such, SDWMC and all participants in SDWMC Activities are subject to compliance with the SafeSport Code (“Code”). 15. ATTEST that I have read the Code. (https://uscenterforsafesport.org/response-and-resolution/safesport-code/) 16. AGREE that by virtue of being a member of SDWMC and/or a participant in any Activity, I have expressly agreed to be bound by the Code and will comply with the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017. I further agree to immediately report all suspicions of child abuse to law enforcement. Additionally, I agree that I will immediately report any suspicions of sexual misconduct in violation of the Code, whether the victim is a minor or adult, to 1-833-5US-SAFE or https://uscenterforsafesport.org/report-a-concern/. Note: Nothing in this Agreement shall be construed to require a victim of child abuse or other misconduct to self-report. Further, I agree that I will report suspicions of any other forms of misconduct detailed within the Code that are non-sexual in nature to SDWMC via email SoDelFoxes@gmail.com or to any SDWMC Director. 17. FULLY UNDERSTAND that COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 can cause serious and potentially life-threatening illness and even death. According to the US Center for Disease Control (CDC), “COVID-19 spreads when an infected person breathes out droplets and very small particles that contain the virus. These droplets and particles can be breathed in by other people or land on their eyes, noses, or mouth. In some circumstances, they may contaminate surfaces they touch. People who are closer than 6 feet from the infected person are most likely to get infected. COVID-19 is spread in three main ways: • Breathing in air when close to an infected person who is exhaling small droplets and particles that contain the virus. • Having these small droplets and particles that contain virus land on the eyes, nose, or mouth, especially through splashes and sprays like a cough or sneeze. • Touching eyes, nose, or mouth with hands that have the virus on them.” I further understand that SDWMC cannot prevent me from becoming exposed to, contracting, or spreading COVID-19 while participating in Activities. Therefore, if I choose to participate in Activities, I may be exposing myself to and/or increasing my risk of contracting or spreading COVID-19 and I hereby choose to accept the risk of contracting COVID-19 for myself in order to participate in SDWMC Activities. 18. AGREE to abide by any SDWMC by-laws, rules or policies. 19. AGREE that the laws of the state of Delaware shall apply to this Agreement. By signing my name below, I certify that I have carefully read this Agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be 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 that the balance, notwithstanding, shall continue in full force and effect.

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