ACCIDENT WAIVER AND RELEASE OF LIABILTY
Peak Athletic Collective LLC
In consideration of the acceptance of my application for membership to the blueseventy racing team (“Team”) and/or my participation in any events organized by the Team including, but not limited to triathlons, duathlons, multi-sport races, workouts, open water swims, group rides, group runs, challenges, contests, activities and clinics (collectively “Event”), I hereby represent, acknowledge, and agree to and make the following:
1. CERTIFICATION OF HEALTH: I certify that I am physically fit, have sufficiently prepared or trained for participation in the Team and/or Event, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in the Team and/or Event. I am not relying upon any advice, expressed or implied, provided by the Team, its staff, members, sponsors, or volunteers (collectively “Released Parties”) concerning my physical condition or my ability to participate and, instead, acknowledge and agree that I am solely responsible for determining whether I am in sufficient physical condition to safely participate in the Team and/or Event.
2. ASSUMPTION OF RISK: I acknowledge that participating in cycling, running, swimming, and all other endurance sports, are INHERENTLY DANGEROUS SPORTS and FULLY REALIZE THE DANGERS OF PARTICIPATION and FULLY ASSUME THE RISKS ASSOCIATED THEREWITH including (by way of example) and without limitation to: dangers associated with swimming including waves, currents, riptides, and drowning; the dangers of collision with pedestrians, vehicles, other riders, and fixed or moving objects; the dangers arising from surface hazards, including pot holes, cracks, and debris; course and/or route selection; equipment failure, inadequate safety equipment, and use of equipment or materials provided by the Team and others; weather conditions including wind, rain, hail, and lightening; the RELEASED PARTIES OWN NEGLIGENCE; and the possibility of serious physical and/or mental trauma or injury, INCLUDING DEATH, associated with participation in the Team and/or Event.
3. WAIVER, RELEASE, AND INDEMNIFICAITION: I, for myself, my executors, administrators, heirs, next of kin, successors, and assigns (collectively “Releasor”), hereby WAIVE, RELEASE, and DISCHARGE the Released Parties from any/all liability from and against any/all claims, causes of action, damages, losses, liabilities, costs, expenses (including attorney’s fees) of every kind for my death, disability, personal injury, property damage, and/or property theft (collectively "Claims") which may arise out of, result from, or relate in any way to my participation in the Team, the Event (including my traveling to/from the Event), and/or the negligence of the Released Parties. Releasor further agrees to protect, defend, INDEMNIFY and HOLD HARMLESS the Released Parties from and against such Claims. The provisions of this paragraph shall survive any termination of this agreement or my membership in the Team.
4. ACCEPTANCE OF WEBSITE TERMS AND PRIVACY POLICY: By submitting this application I acknowledge that I accept the online TERMS AND CONDITIONS and PRIVACY POLICY which are linked in the footer of the website.
I ACKNOWLEDGE THAT BY SIGNING THIS RELEASE, I AM ASSUMING RISKS AND AGREEING TO INDEMNIFY, NOT SUE, AND RELEASE FROM LIABILITY THE RELEASED PARTIES, AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS. THIS RELEASE IS A CONTRACT WITH LEGAL AND BINDING CONSEQUENCES. I HAVE READ IT CAREFULLY BEFORE SIGNING, AND I UNDERSTAND WHAT IT MEANS AND WHAT I AM AGREEING TO BY SIGNING.
