C26 Youth Triathlon

WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

C26 Ytri, Inc. (d/b/a C26 Youth Triathlon, “C26 YTRI”)) desires to facilitate, provide, make available, or sponsor certain activities to and for the Undersigned or Minor participant.  Such activities include training for, coaching for, and participating in triathlons, duathlons, other multi-sport events, running, swimming, and bicycling (“C26 Activities”).

In consideration for C26 YTRI allowing the Undersigned or Minor participant to participate in such certain activities, the Undersigned hereby understands, acknowledges, represents, and agrees as follows: 

I, on behalf of myself, my spouse, children, parents, guardians, heirs, and next-of-kin, as well any legal and personal representatives, executors, administrators, successors and assigns, hereby voluntarily enter into the following contractual terms pursuant to this Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement ("the Agreement").

1.         I am capable of understanding the terms of this Agreement.

2.         My participation in C26 Activities is voluntary and I have the right to terminate my participation at any time.  

3.         I am capable of participating in C26 Activities and do not have any physical or mental disability, condition, or limitation that will inhibit my participation.  It is my sole responsibility to determine whether I am capable of participating in C26 Activities.   

4.         The terms of this Agreement apply equally at all locations where C26 Activities take place, whether on C26 YTRI’s premises or elsewhere.

5.         There are risks, hazards, and dangers associated with C26 Activities, some of which represent an extreme test of a person’s physical and mental limits, and my participation could result in injuries of all kinds, including but not limited to SERIOUS BODILY INJURY OR DEATH.  These risks, hazards, and dangers include:  sickness and disease; permanent disability; paralysis and loss of life or limbs; loss of or damage to equipment or property; loss of income; exposure to extreme conditions and circumstances; accidents, contact or collision with other participants, spectators, persons, structures, vehicles, or other natural or man-made objects; danger from adverse weather conditions; imperfect course conditions including but not limited to imperfect water, road, and surface hazards; equipment failure even when equipment is used properly; inadequate safety measures; the actions or negligence of other participants in C26 Activities; the actions or negligence of the Indemnified Parties; the aggravation of preexisting physical and mental health conditions; and other risks, hazards, and dangers which are inherent in C26 Activities, whether or not identified, known, or within my control.  

6.            Understanding these risks, hazards, and dangers, I EXPRESSLY ASSUME ALL RISKS ASSOCIATED with C26 Activities, inherent and otherwise, whether described in this Agreement or otherwise, to the fullest extent permitted by law.  Further, I will observe and comply with all directions, instructions, rules, regulations, and guidelines prescribed by the Indemnified Parties for C26 Activities, and I will use properly all equipment associated with C26 Activities, whether provided by C26 YTRI or otherwise.  It is my responsibility to understand all directions, instructions, rules, regulations, and guidelines relating to C26 Activities and any equipment associated with such activities.  If I do not understand such directions, instructions, rules, regulations, or guidelines, it is my responsibility to ask questions and understand the answers before proceeding with C26 Activities.  The Indemnified Parties or others may determine that my participation in C26 Activities should be altered, limited, paused, or terminated, whether to preserve my safety, the safety of another, or otherwise.  I will abide by such determination.

7.         I hereby WAIVE AND RELEASE C26 YTRI and all others involved in facilitating, providing, making available, or sponsoring C26 Activities and all others involved in providing equipment or services related to C26 Activities, including C26 YTRI’s predecessors and successors in interest; parent, subsidiary, or affiliated entities; assigns, agents, employees, officers, directors, owners, partners, members, investors, insurers, and shareholders (“Indemnified Parties”) from ANY CLAIMS asserted by anyone arising out of or in connection with any harm, injury, damages, or death I suffer; whether caused by NEGLIGENCE or any other cause, known or unknown.  Further, I agree that neither I, nor my estate, successors, heirs, or assigns WILL SUE the Indemnified Parties.  Further, I agree that I, my estate, successors, heirs, and assigns WILL DEFEND AND INDEMNIFY the Indemnified Parties if any claim or cause of action is pursued by anyone arising out of or in connection with any harm, injury, damages, or death that has any connection whatsoever with C26 Activities.  Further, I agree that I, my estate, successors, heirs, and assigns will reimburse the Indemnified Parties for any loss arising from such claim or cause of action.   

8.         In the event of an accident, injury, or perceived injury, I authorize the Indemnified Parties to stabilize me, obtain medical care for me, and transport me to another location to receive medical care.  If in the opinion of the Indemnified Parties I need medical care and I am unable to make medical care decisions for myself, I authorize the Indemnified Parties to proceed as the Indemnified Parties deem best for my safety and health in their sole and absolute discretion.  I agree to pay all costs associated with such actions taken by the Indemnified Parties.  I INDEMNIFY AND HOLD HARMLESS the Indemnified Parties from any consequences resulting from these actions.

9.         To the extent C26 YTRI is found liable for any claim, I LIMIT THE LIABILITY of C26 YTRI to the total amount of payments I made for services actually provided by C26 YTRI during the three-month period ending on the date the claim accrued.

10.       I authorize C26 YTRI to take photographs and videos of me while I participate in C26 Activities.  I hereby authorize the use of my name, image, and likeness for marketing, promotional, and other purposes, without compensation.  

11.       By signing this Agreement, I agree to C26 YTRI’s No Refund Policy. 

12.       In an action where one party to this Agreement seeks to enforce its rights under this Agreement or seeks a declaration of the rights or obligations existing under this Agreement, the prevailing party shall be awarded its reasonable costs and expenses incurred, including attorneys’ fees.

13.       This Agreement shall continue in effect and remain in force perpetually from the date on which it is executed.  This Agreement covers my participation in C26 Activities now and in the future.

14.       This Agreement is intended to be as broad and inclusive as is permitted by law.  This Agreement is not intended to assert any claims or defenses that are prohibited by law, and this Agreement shall be interpreted in accordance with and not in violation of any applicable law or regulation.  Each term of this Agreement shall be treated as a separate and independent clause, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clause.  If one or more of the terms contained in this Agreement shall for any reason be held to be excessively broad as to scope, activity, subject, or otherwise so as to be unenforceable at law, such term shall be construed by the appropriate judicial body so as to be enforceable to the maximum extent permitted by the applicable law as it then appears.

15.       All matters contained within this Agreement shall be governed and construed in accordance with the substantive laws of the State of Indiana, without giving effect to its choice of law or conflicts of law principles.

16.       This Agreement represents the sole and entire understanding between myself, C26 YTRI, and the Indemnified Parties; no oral representation, statement, or inducement apart from this Agreement has been made regarding any issue related to the subject matter of this Agreement.  This Agreement may be modified only by a writing signed by the parties hereto.

17.       I understand I am giving up substantial legal rights by signing this Agreement (including the rights of myself, my spouse, children, parents, guardians, heirs, next of kin, and any legal and personal representatives, executors, administrators, successors and assigns).  

18.       By submitting this entry, I represent that I have read this Agreement carefully, understand the terms and conditions of this Agreement, and that I sign this Agreement freely and voluntarily, without any inducement, assurance, or guarantee.  I  intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions, and provisions of this Agreement.  If the individual participating in C26 Activities is a Minor, by submitting this entry, the parent or legal guardian represents the same.  By typing my name below, I am signing this application electronically.  I agree that my electronic signature is the legal equivalent of my manual signature on this document.

CONSENT OF PARENT OR LEGAL GUARDIAN (required if the participant is less than 18 years of age (a “Minor”)):

If the individual participating in C26 Activities is a Minor, as the parent or legal guardian of the Minor identified above, I accept and agree to all of terms and conditions of this Agreement on behalf of the Minor in connection with the Minor’s participation in C26 Activities.  If, despite this Agreement, I or anyone on the minor’s behalf makes a claim for liability against C26 YTRI I will indemnify, defend, and hold harmless C26 YTRI from any such liabilities incurred as a result of such claim.  I expressly agree to be bound by all terms and conditions of this Agreement.