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NANTUCKET TRIATHLON CLUB INC, ALSO KNOWN AS NANTUCKET ATHLETIC ASSOCIATION, MONUMENT RUNNING GROUP, NANTUCKET OPEN WATER SWIMMING, WAIVER OF LIABILITY AND INDEMINTY (ALL KNOWN AS “NCTI”)

Please read any waiver carefully. It includes a release of liability and waiver of legal rights and deprives you of the ability to sue certain parties. Do not agree to this document unless you have read and understood it in its entirety. By agreeing, you acknowledge that you have both read and understood the text presented to you as part of the registration process. You also understand and agree that events and activities carry certain inherent dangers and risks which may or may not be readily foreseeable, including without limitation personal injury, property damage or death. Your ability to participate in the event(s) and activities is/are subject to your agreement to the waiver and by agreeing herein, you accept and agree to the terms of the waiver and release agreement.

By indicating your acceptance, you understand, agree, warrant and covenant as follows: In consideration of acceptance of my interest in the NANTUCKET TRIATHLON CLUB INC, ALSO KNOWN AS NANTUCKET ATHLETIC ASSOCIATION, MONUMENT RUNNING GROUP AND NANTUCKET OPEN WATER SWIMMING (ALL KNOWN AS “NTCI”) WORKOUTS, RUNS, SWIMS AND CYCLING workouts and events, I hereby freely and voluntarily agree to the following representations, waivers, and agreements: I know and understand that Nantucket Triathlon Club, also known as Nantucket Athletic Association, Monument Running Group and Nantucket Open Water Swimming is a not for profit Triathlon/Duathlon/Multi-sport club which includes, running, cycling and swimming, and the sports of Triathlon, Duathlon, and adventure racing are action sports that include individual sports such as swimming, biking, running, kayaking, as well as other athletic activities, each of which independently or in any combination with other sports do carry significant risks of serious personal injury, death, and property damage. I also know and understand that while participating in and/or training for these sports I am exposed to many natural, mechanical, and environmental conditions and risks which independently or in any combination with my action or inaction or actions of others may cause property damage or bodily injury, including severe or fatal injuries to myself or others. I also acknowledge that this includes swimming in open water that is not guarded by lifeguards or monitors and that open water swimming is potentially dangerous and may cause bodily injury including severe fatal injuries to myself or others. 

I agree that I alone am responsible for: a) my proper presentation and safety while participating in any NTCI Sponsored; NTCI organized; NTCI promoted /posted in or on the NTCI Website, NTCI Newsletters, NTCI emails, brochures, or any other form of member information distribution utilized by NTCI, its members or its sponsors; or NTCI Member coordinated event, which includes, but is not limited to, organized racing; training/workout sessions in open water, lap pools, gymnasiums, private and public facilities, on dirt or paved traffic non-controlled streets, roads, and paths; seminars/presentations; or other club activities (NCTI Events); b) providing, utilizing and maintaining the equipment necessary for the safe enjoyment of my participation in any such NTCI Event; and c) wearing a properly functioning and fitting SNELL or ANSI approved helmet while participating in any NTCI Event which includes bicycling, regardless of form (i.e., road or mountain riding). I also represent that I have no physical or medical condition, which to my knowledge, would endanger myself or others while I participate in these action sports or NCTI Events. Being fully aware of these risks, conditions, and hazards associated with these action sports, I hereby acknowledge that NTCI, its directors, founders, members, sponsors, trainers, presenters, contractors, agents and any other club-affiliated individuals and/or entities (NCTI & Affiliate) are not medical professionals and are without the expertise to diagnose medical conditions or impairments and are not in any way responsible for my safety while participating in any NCTI Event, and I further agree to waive, release and discharge myself, my heirs, executors, administrators, legal representatives, assignees and successors in interest (hereinafter successors) in any and all claims of damages for death, personal injury, or property damage which I may have or which may hereafter accrue to me as a result of my participation in any NCTI Event, against any NCTI & Affiliate, whether such injury or damage was the result of negligence or carelessness on the part of any NCTI & Affiliate and whether such injury or damage was foreseeable or not, including all such claims regarding the design or condition of any equipment utilized by me in such events without regard to whether such equipment is specified or recommended by any NCTI & Affiliate.

I further agree to forever hold harmless and indemnify all persons and entities identified above, generally and specifically from any and all liability for death, personal injury, or property damage resulting in any way from my participating in NCTI Events of any kind, whether I am a member or a nonmember at the time of the occurrence of such events. Without affecting any other rights or remedies, I hereby release and relieve NCTI & Affiliate and waive my entire right to recover damages against NCTI & Affiliate for loss or damage to property arising out of or incident to the perils required to be insured against. The effect of such release and waiver is not limited by the amount of insurance carried by any NCTI & Affiliate, or by any deductibles applicable hereto. I agree to have my insurance carriers waive any right to subrogation that such companies may have against NCTI & Affiliate so long as the insurance is not invalidated thereby. I also agree for myself and successors that the above representations are not mere recitals and that they are binding and that should I or my successors assert any claim in contravention of this agreement, I or my successors shall be liable for the expenses (including legal fees) incurred by the other party or parties in defending against such a claim unless they are found liable for willful and wanton negligence.

There are no implied warranties or representations made other than those in this document, and this document contains the entire agreement between the parties and if any term of provision of this agreement is found invalid or unenforceable, the remaining terms and provisions of this agreement shall remain binding and enforceable. I acknowledge that I am 18 years of age or older and that I have read and understand the contents of this document, or I am the parent or legal guardian if the applying member is under the age of 18, and I have accepted and agreed to all the terms in this document on behalf of the minor child. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the Commonwealth of Massachusetts  and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.

BY INDICATING YOUR ACCEPTANCE OF THIS AGREEEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

Date: November 21, 2024

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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