WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE SOUTH BAY SQUAD AND OTHER PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
This Member Agreement and Waiver of Liability ("Agreement") is entered into by and between the undersigned individual ("Member") and South Bay Squad ("SBS" or "Team") on this date.
IN CONSIDERATION of South Bay Squad allowing me to participate and/or volunteer as a member or guest in any SBS event (including meetings, races, clinics, workouts, and any other SBS sponsored-event), (the "Event" or "Events") 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 (the "Agreement"):
1. Member Participation: As a Member of SBS, I agree to participate in triathlon training, events, and related activities organized by the Team. I understand that participation in triathlon training and events is voluntary and involves physical activity, which has inherent risks and dangers, including the risk of injury or death.
2. Waiver and Release of Liability and Indemnification: By signing this Agreement, I agree to assume all risks associated with my participation in Team activities. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: SBS, 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 may be incurred as the result of such claim. This includes, but is not limited to, any claims for negligence, personal injury, death, or property damage.
4. Assumption of Risk: I understand and acknowledge the physical and mental rigors associated with triathlon, duathlon, or other multi-sport events, and realize that running, bicycling, swimming, and other portions of such Events are inherently dangerous and represent an extreme test of a person's 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 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.
5. Medical Release: I hereby represent and warrant that (i) I am in good health and physically capable of participating in training and events; 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. I authorize the Team and Team Affiliates to seek emergency medical treatment for me in the event of an accident, injury, or illness. I agree to be responsible for all costs associated with such medical treatment.
6. Rules and Conduct: As a Member, I agree to be familiar with and to abide by the Team's rules, policies, and procedures, as well as the rules and regulations of any governing bodies or organizations associated with the Event. I agree to conduct myself in a respectful, sportsmanlike, and ethical manner while participating in Team activities. I also accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment.
7. Team Property: I agree to return any equipment, uniforms, or other property belonging to the Team in the same condition as received, except for ordinary wear and tear.
8. Photography Release: I grant the Team and its affiliates the right to use my name, image, and likeness in any photographs, videos, or other media for promotional, marketing, or other purposes without compensation or further consent.
9. Termination: I understand that the Team may terminate my membership at any time, with or without cause, upon written notice to me.
10. Entire Agreement: This Agreement represents the entire understanding between me and the Team and supersedes any prior or contemporaneous agreements, understandings, or representations. This Agreement may not be amended or modified except in writing and signed by both parties.
11. Governing Law: This Agreement will be governed by and construed in accordance with the laws of the state.
12. Signature: By signing below, 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. All provisions of this agreement are subject to the laws and statutes of the County of Los Angeles, including all cities therein, and the state of California.
PARTICIPANT FULL NAME (PRINT): ____________________________________________________________
AGE: ____________ DATE OF BIRTH: _____/_____/_____
PARTICIPANT SIGNATURE: ___________________________________ DATE: _____________
Parental Consent (required if the participant is less than 18 years of age): As the Parent and/or Legal Guardian to the minor identified above, I hereby accept and agree to all of the terms and conditions of this Agreement on behalf of the minor in connection with the minor’s participation in the Event(s). If, despite this Agreement, I, or anyone on the minor’s 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 Liabilities which may be incurred as the result of such claim.
PARENT/LEGAL GUARDIAN FULL NAME (PRINT): ______________________________________________
AGE: ____________ DATE OF BIRTH: _____/_____/_____
PARENT/LEGAL GUARDIAN SIGNATURE: _____________________________ DATE: _____________