NextGen Triathlon Club, Inc. - WAIVER, INDEMNIFICATION AND EXPRESS ASSUMPTION OF RISK

THIS IS A LEGALLY BINDING RELEASE, WAIVER, INDEMNIFICATION OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK.  Below section must be completed by Parent/Guardian for any participant under the age of 18.

1.  I have voluntarily requested that NextGen Triathlon Club, Inc. (“NextGen”) guide me in the participation of many potentially dangerous activities related to training and participation in Triathlon events, including, but not limited to cycling, running and swimming (the “Training”). I understand that many of these potentially dangerous activities are extremely strenuous and physically, mentally, and psychologically demanding.  I am unaware of any physical, mental, or psychological condition that would 1) prevent me from safely participating in the Training) endanger my health or safety or the health and safety of others due to my participation in the Training. I attest that I am physically and emotionally fit and competent to participate in the Training, and that all of my questions regarding the Training have been answered to my satisfaction.  Furthermore, I agree that my involvement with NextGen may include my participation in other activities related to the Training, including, but not limited to: special events, fundraising events or activities, travel trips, volunteering at events, social events, etc. (the “Related Activities”)

2.  I understand the risks and hazards of the Training and any other activities arising under or in connection with the Training.  I UNDERSTAND THAT THERE ARE DANGERS AND RISKS INHERENT IN THE TRAINING, INCLUDING THE RISK OF SERIOUS PERSONAL INJURIES, PARALYSIS, AND DEATH.  I understand that the hazards and risks of the Training include, but are not limited to: accidents, illness; injuries, equipment failure, dehydration, hypothermia, and injury due to the negligence of myself and/or others.  I understand that the aforementioned hazards and risks are described by way of example only, and that there are numerous other hazards and risks inherent in the Training to which I may be exposed.

3. AS LAWFUL CONSIDERATION FOR MY BEING ALLOWED TO PARTICIPATE IN THE TRAINING:a.  I, on behalf of myself, my family, heirs, successors, assigns, and anyone claiming any interest through me, hereby KNOWINGLY, INTENTIONALLY AND VOLUNTARILY WAIVE, RELEASE, INDEMNIFY AND AGREE TO HOLD HARMLESS NextGen and CCISD, and all of their respective officers, directors, employees, affiliates, members, volunteers, and agents (collectively referred to as the "Released Parties") FROM ANY AND ALL ACTIONS, SUITS, CLAIMS, DAMAGES, AND LIABILITY (INCLUDING ATTORNEY FEES AND COSTS), THAT I, my family, heirs, successors, assigns, and anyone claiming any interest through me, MAY HAVE FOR ANY DAMAGE, INJURY, LOSS, OR DEATH TO MYSELF OR ANY OTHER PERSON OR PROPERTY ARISING OUT OF OR RELATED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO MY PARTICIPATION IN THE TRAINING AND/OR RELATETD ACTIVITIES, whether any such damage, injury, loss, or death results from NEGLIGENCE (whether passive or active) of any of the Released Parties or other participant in the Training and/or Related Activities, or from some other cause. I further agree not to sue the Released Parties for any such claims, damages, costs or liabilities that I have waived, released or discharged herein.

b.  I hereby personally assume all risks, whether foreseen or unforeseen, in connection with the Training and/or my participation in Related Activities, and accept full responsibility for any harm, injury, death or damage that may befall me arising in connection with the Training, and/or my participation in Related Activities, including the risk of negligence of any party or participant, including the Released Parties.

4.  This document shall be governed by and interpreted under the laws of the State of Texas, without regard to conflict of laws provisions.  If any lawsuit or claim is brought regarding my participation in the Training and/or Related Activities, I agree that jurisdiction and venue for such suit shall be in Galveston County, Texas and hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise be entitled.

5.  I understand that the terms of this document are contractual and not a mere recital and understand that I would not be permitted to participate in the Training and/or Related Activities without entering this Agreement.

6.  I hereby affirm that I have read this document in its entirety and understand this liability release and express assumption of risk. I sign this document on behalf of myself and my heirs. By my electronic signature below, I agree to each and every term and condition of this document.
 
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USAT CLUB RELEASE AND WAIVER - RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT WITH PARENTAL CONSENT ("AGREEMENT")

IN CONSIDERATION of being permitted to participate in any way in any event ("Activity") at any time during the current calendar year I, for myself, my personal representatives, assigns, heirs, and next of kin:  
1. ACKNOWLEDGE, agree, and represent that I understand the nature of the Activity and that I am qualified, in good health, and in proper physical condition to participate in such Activity. 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 Activity.  
2. FULLY UNDERSTAND that: (a) THIS ACTIVITY INVOLVES 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 others participating in the Activity, the conditions in which the Activity 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 Activity.  
3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE 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 Activity 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 SIGNING IT, HAVE SIGNED 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.  
Club Name:  NextGen Triathlon Club, Inc./DOT Group.  
Releasees:  NextGen Triathlon Club, Inc. and its Board of Directors, Volunteers, Staff, and Contractors.

MINOR RELEASE
Below section must be completed by Parent/Guardian for any participant under the age of 18.
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AND I, THE MINOR'S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF THE ACTIVITY AND THE MINOR'S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEE'S FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR'S 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 FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR'S BEHALF MAKES A CLAIMS AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR ANY COST THAT MAY OCCUR AS A RESULT OF ANY SUCH CLAIM. 

Electronic Signature of Parent/Guardian: 
I have read and agree to the terms and conditions set forth in this NextGen Waiver, Indemnification and Express Assumption of Risk agreement and USAT Club Release and Waiver agreement.