Disclaimer and Waiver
Disclaimer
This is, by a 30-some year tradition a super fun, laid back, and relaxed race. We celebrate 4th of July the best way we know how - getting up very early, swimming in cold spring water, biking with the wind (or against) and running in the sun.
If you are competitive, you will have a fantastic training race. If you're beginner, you will catch the bug of triathlon and never let go. Most importantly, we will celebrate America's birthday, swim-bike-run and have some fun!
If you are uptight and extremely competitive, this may not be the best race for you. Have a great time and allow everyone else to do the same. We want to have fun!
Race management reserves the right to change the course at any time due to safety, weather conditions, or other production concerns.
This race is sanctioned by USA Triathlon.
For safety reasons, race management reserves the right to modify or cancel a race due to severe weather conditions. When severe weather is present, all precautions will be made to ensure the safety of the athletes.
Now the serious business
The event waiver - please read it.
By registering for this event participants agree to the standard no refunds and no transfers policies.
Event Waiver:
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
1. I hereby represent that (i) I am in good health and in proper physical condition to participate in the Event; and (ii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event.
2. I understand and acknowledge the physical and mental rigors associated with triathlon, duathlon, or other multisport events, and realize that running, bicycling, swimming and other portions of such Events are inherently dangerous and represent an extreme test of a persons physical and mental limits. I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; accidents, 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 risks and dangers which may not be readily foreseeable or are presently unknown.
Risks
I understand 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 Event, or the acts, inaction or negligence of the Released Parties, staff, agents, work team, setup team, defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in the Event.
I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: the Park, the City, the Event Owners, Organizers and 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. 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. 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 signing 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 signed this Agreement freely and voluntarily, without any inducement, assurance, or guarantee, and intend for my signature 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.
