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 and that these statements are being accepted by The Bermuda Triathlon Association (the “BTA”) in consideration for allowing my child (the “Participant”) to participate in the Junior Camp (the “Camp”) being run and sanctioned by the BTA; and I further understand and acknowledge that my statements are being relied upon by the members of the BTA Board of Directors, its Executive Committee members, the Camp organizers, coaches, coaches’ assistants, directors, administrators, volunteers and other parties defined below as the "Released Parties." This Waiver Agreement is being completed in respect of the Participant in the applicable Camp.
1. I acknowledge that the sports of triathlon, duathlon and other multi-sports are an extreme test of a person’s physical and mental limits and carry with them the potential for death, serious injury, and property damage. I acknowledge and agree that it is my responsibility to determine whether the Participant is sufficiently fit and healthy enough to safely participate in the applicable Camp based on the eligibility criteria, and I attest and certify that the Participant is or will be sufficiently fit and physically trained to participate in the relevant Camp. The Participant has no physical or medical condition which would endanger the Participant or others if the Participant participates in the applicable Camp, or would interfere with the Participant’s ability to safely participate in the Camp. I accept responsibility for the condition and adequacy of the Participant’s equipment and his/her conduct in connection with the Camp.
2. On behalf of myself, my executors, administrators, heirs, next of kin, successors and assigns, and anyone else who might sue on my behalf, I HEREBY WAIVE, RELEASE, and FOREVER DISCHARGE the BTA and all Directors, officers, members of the Executive, Camp Coaches, Camp volunteers, Camp administrators and organizers and all other persons or entities involved with the Camps (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 the Participant’s participation in the applicable Camp.
3. On behalf of the Participant, I acknowledge and ASSUME ALL OF THE RISKS and aspects of the applicable Camp. I acknowledge that running, bicycling, swimming and other portions of the Camp are inherently dangerous and I understand that the Participant will be participating in the applicable Camp at his/her own risk, that I am responsible for the risk of participation in a Camp, and that I am waiving and releasing my legal rights to sue for any injury or damages arising out of or resulting from the Participant’s participation in a Camp. 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, and my actions or inactions which cause injury or damage to any other person.
6. The parent or legal guardian who signs the Waiver Agreement on behalf of a minor Participant hereby acknowledges that he or she has the legal capacity and authority to act on behalf of that Participant to legally bind the Participant to the Waiver Agreement. The parent or legal guardian who signs the Waiver Agreement agrees 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 the Participant in the execution of the Waiver Agreement.
7. 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.