WAIVER AND INDEMNITY AGREEMENT I understand and acknowledge that I am
legally agreeing to the statements in the following paragraphs of this WAIVER
AND INDEMNITY AGREEMENT by submitting this completed form and that these
statements are being accepted by the Team Blaze Spokane Triathlon Club (herein
"TBS") in consideration for allowing me to become a member of TBS;
and I further understand and acknowledge that my statements are being relied
upon by TBS, race sponsors, organizers, administrators, volunteers, and other parties
defined below as "Released Parties".
1. I acknowledge that a triathlon, duathlon or other multi-sport race,
workout or clinic (herein "event") are extreme tests of a person's
physical or mental limits and carry with it the potential for death, serious
injury or property damage. I acknowledge and agree that it is my responsibility
to determine whether I am sufficiently fit and healthy enough to safely
participate in an event, and I attest and certify that I am or will be
sufficiently fit and physically trained to participate in an event which I
elect to enter. I have no physical or medical condition which would endanger
myself or others if I participate in any event, or would interfere with my
ability to safely participate in any event. I understand the dangers associated
with the consumption of alcohol or drugs before, during or after any event and
I recognize that consumption of alcohol or drugs might impair my judgment and /
or motor skills. I assume full responsibility for any injury, loss or damage
associated with my consumption of alcohol or drugs.
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 TBS, all event sponsors, event producers,
event staff, administrators, officials, contractors, vendors, organizers,
volunteers, all other persons involved with any event, states, cities, and
other governmental bodies and locations in which an event or portions of an
event may take place, and the officers, directors, employees, agents, insurers,
other participants and representatives of all of the above (collectively
"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 participation in,
or my traveling to or from, any TBS affiliated event, including but not limited
to any claims for theft, damage to any equipment, negligence, partial or
permanent disability, Claims related to the provision of first aid, medical
care, medical treatment or medical decisions (at an event site or elsewhere),
and any claims for medical or hospital expenses.
3. I acknowledge and ASSUME ALL OF THE RISKS and aspects of an event. I
acknowledge that running, bicycling, swimming or other portions of events are
inherently dangerous and I understand that I will be participating in events at
my own risk, that I am responsible for the risk or participation in these
events, and that I am waiving and releasing my legal rights to sue for any
injury or damages arising out of or resulting from my participation in an
event. I further understand that any injury or damages incurred may be the
result of negligence, omission, or carelessness by 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 INDEMINIFY and HOLD HARMLESS the Released Parties from any and all
expenses incurred, Claims made, or liabilities assessed against them, including
but not limited to attorney's fees and litigation expenses, arising out of or
resulting from, directly or indirectly, in whole or in part, my breach of
failure to abide by any part of this Waiver Agreement and my actions or
inactions which may cause injury or damage to any other person.
5. I further agree that all disputes regarding the interpretation and
scope of this Waiver and Indemnity Agreement shall be decided by the laws of
the state of Washington and will be subject to mandatory arbitration conducted
by an arbitrator chosen by the Released Party. I also agree that if I initiate
such arbitration proceeding and the arbitrator renders a decision in favor of
the Released Party, I will be liable for all costs and attorney fees
attributable to the arbitration.
6. 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.
By submitting this form, you are
acknowledging that you have read and agree to the above WAIVER AND INDEMNITY
AGREEMENT.