READ THIS DOCUMENT (THE "WAIVER AGREEMENT") CAREFULLY BEFORE SIGNING. THIS WAIVER AGREEMENT WILL AFFECT YOUR AND YOUR CHILD’S LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING A FUTURE LAWSUIT.
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I understand and acknowledge that I am legally agreeing to the statements in the following paragraphs of this Waiver Agreement by affixing my signature below. I further understand and acknowledge that my statements are being relied upon by race sponsors, organizers, administrators, volunteers and other parties defined below as the "Released Parties."
1. I acknowledge that the Silicon Valley Kid’s Triathlon (hereinafter "Event") is a test of a participant’s physical and mental limits and carries with it the potential for death, serious injury, and property damage. I acknowledge and agree that it is my responsibility to determine whether my child (child or other minor for whom I have legal authority to execute this agreement) is sufficiently fit and healthy enough to safely participate in the Event, and I attest and certify that he or she is or will be sufficiently fit and physically trained to participate. My child has no physical or medical condition which would endanger himself, herself or others if he or she participates, or would interfere with his or her ability to safely participate. I accept responsibility for the condition and adequacy of my child’s competition equipment and his or her conduct during the Event. I understand and acknowledge the dangers associated with the consumption of alcohol and/or drugs before, during and after any Event and I verify that my child has not consumed alcohol and/or drugs that might impair his or her judgment and/or motor skills. I assume full responsibility for any injury, loss or damage associated with my child’s consumption of alcohol and/or drugs.
2. On behalf of myself, my executors, administrators, my child’s heirs, next of kin, successors and assigns, and anyone else who might sue on behalf of myself or my child, I HEREBY WAIVE, RELEASE, and FOREVER DISCHARGE all Event sponsors, Event producers, Event staff, administrators, officials, contractors, vendors, and organizers (including race directors), volunteers, all other persons or entities involved with the Event, states, cities, towns, and other governmental bodies and locations in which an Event or portions of an Event takes place, and the officers, directors, employees, agents, insurers, other participants and representatives of all of the above (collectively, the "Released Parties"), from any and all claims, causes of action, damages, losses (economic and non-economic), and liabilities of every kind (collectively "Claims"), for death, personal injury, or property damage, which may arise out of, result from, or relate to my child’s participation in, or traveling to or from the Event, including but not limited to any Claims for theft, damage to any equipment, negligence, partial or permanent disability, and claims for distress from observing any occurrence at the event. .
3. I acknowledge and ASSUME ALL OF THE RISKS and aspects of the Event. I acknowledge that running, bicycling, swimming and other portions of the Event are inherently dangerous and I understand that my child will be participating in the Event at my own risk, that I am responsible for the risk of participation in the Event, and that I am waiving and releasing my legal rights and my child’s legal rights to sue for any injury or damages arising out of or resulting from my child’s participation in the Event. I further understand that any injury or damages incurred may be the result of negligence, omission or carelessness by the Released Parties.
4. I FURTHER COVENANT and AGREE NOT TO SUE any of the Released Parties for any of the Claims that I have waived, released, or discharged herein. I AGREE TO INDEMNIFY and HOLD HARMLESS the Released Parties from any and all expenses incurred, Claims made, or liabilities assessed against them, including but not limited to attorneys’ fees and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, my breach or failure to abide by any part of this Waiver Agreement, my breach or failure to abide by any of the Event’s Rules, and my actions or inactions which cause injury or damage to any other person
5. I AGREE that prior to participating in the Event I will inspect the race course, facilities, equipment, and areas to be used, and if I believe or become aware that any are unsafe, I will immediately advise the Race Director. I FURTHER GRANT to Event organizers, and their licensees the right, permission, and authority to use my child’s name, voice, picture, or photograph, in any broadcast, telecast, commercial advertisement, promotion, or other account of the Event, and I WAIVE any rights to future compensation to which I might otherwise have been entitled for such use.
6. By signing this Waiver Agreement on behalf of a minor, incapacitated and/or mentally challenged person (hereinafter "Said Person"), I hereby acknowledges that I have the legal capacity and authority to act on behalf of Said Person to legally bind Said Person to the Waiver Agreement. I further agree to indemnify and hold harmless the Released Parties for any expenses incurred, Claims made, or liabilities assessed against them, as a result of any insufficiency of legal capacity or authority to act on behalf of Said Person in the execution of the Waiver Agreement.
7. By signing this Waiver Agreement I hereby give the released parties the right and authority to provide emergency medical treatment to my child, including but not limited to transportation to a hospital or other emergency medical facility. I hereby waive any Claims I or my child may relating to the provision of first aid, medical care, medical treatment, or medical decisions (at the Event site or elsewhere), and any Claims for medical or hospital expenses
8. If any provision of this Waiver Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Waiver Agreement and shall not affect the validity and enforceability of any remaining provisions.
In consideration of you accepting this entry, I, the participant, intending to be legally bound do hereby waive and forever release any and all right and claims for damages or injuries that I may have against the Event Director, RunSignUp.com, and all of their agents assisting with the event, sponsors and their representatives, volunteers and employees for any and all injuries to me or my personal property. This release includes all injuries and/or damages suffered by me before, during or after the event. I recognize, intend and understand that this release is binding on my heirs, executors, administrators, or assignees.
I know that running a road race is a potentially hazardous activity. I should not enter and run unless I am medically able to do so and properly trained. I assume all risks associated with running in this event including, but not limited to: falls, contact with other participants, the effects of weather, traffic, and course conditions, and waive any and all claims which I might have based on any of those and other risks typical found in running a road race. I acknowledge all such risks are known and understood by me. I agree to abide by all decisions of any race official relative to my ability to safely complete the run. I certify as a material condition to my being permitted to enter this race that I am physically fit and sufficiently trained for the completion of this event and that a licensed Medical Doctor has verified my physical condition.
In the event of an illness, injury or medical emergency arising during the event I hereby authorize and give my consent to the Event Director to secure from any accredited hospital, clinic and/ or physician any treatment deemed necessary for my immediate care. I agree that I will be fully responsible for payment of any and all medical services and treatment rendered to me including but not limited to medical transport, medications, treatment and hospitalization.
By submitting this entry, I acknowledge (or a parent or adult guardian for all children under 18 years) having read and agreed to the above release and waiver.
Further, I grant permission to all the foregoing to use my name, voice and images of myself in any photographs, motion pictures, results, publications or any other print, videographic or electronic recording of this event for legitimate purposes.