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SEATTLE TRIATHLON GROUP

WAIVER OF CLAIMS, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

Seattle Triathlon Group, a Washington nonprofit corporation (“STG”) organizes and operates triathlon meetings, sessions, clinics, workouts, workshops and races related to triathlons (“STG Sponsored Activities”). In exchange for limited access to and participation in STG Sponsored Activities, the Participant (identified below) agrees the following information about the Participant is accurate and also agrees to the terms of this Waiver of Claims, Release of Liability, Assumption of Risk, and Indemnity Agreement (“Agreement”).

Voluntary Participation. Participant’s involvement in any STG Sponsored Activities is entirely voluntary. Participant will participate only in those STG Sponsored Activities for which Participant is fit enough to participate.


Age and Physical Health. Participant hereby represents that (i) Participant is over the age of eighteen (18) and in good health and in proper physical condition to participate in any STG Sponsored Activity; and (ii) Participant is not under the influence of alcohol or any controlled substances or illicit drugs, and will not be under any such influence at the time of Participant participates in any way in any STG Sponsored Activity. Participant agrees to participate in all STG Sponsored Activities safely. Participant agrees that it is Participant’s sole responsibility to determine whether Participant is sufficiently fit and healthy enough to participate in any STG Sponsored Activity.


COVID-19. Participant agrees, represents, and warrants that Participant will not participate in any STG Sponsored Activity if Participant: (i) is experiencing symptoms of COVID-19, including, without limitation, fever, cough, or shortness of breath, or (ii) has a suspected or diagnosed/confirmed case of COVID-19.


Assumption of Risk. Although STG desires to provide a safe environment for all Participants, Participant understands accidents and injuries can occur. Participant understands the physical and mental rigors associated with triathlon, duathlon, or other single and multi-sport activities and understands that participating in the running, bicycling, swimming, and related STG Sponsored Activities are inherently dangerous and represent an extreme test of Participants’ physical and mental limits. Participant understands and knowingly assumes all the risks and dangers involved in Participants participation in any and all STG Sponsored Activities. Participant understands those risks include the following:

  • Death;
  • Minor or serious personal injuries, including blisters, bruises, cuts, muscle strain and tears, tendonitis, joint injuries, paralysis, brain damage, concussion, loss of vision or limb function, drowning, dismemberment, permanent scarring, and disability;
  • Contracting infectious diseases through any means, including viruses, bacteria, parasites, or fungi, including COVID-19, influenza, hepatitis, food poisoning, HIV, pneumonia, E. coli, salmonella, norovirus, giardia, and others;
  • Exposure to extreme conditions and circumstances, accidents, dangers arising from adverse weather conditions, imperfect course conditions, water, road and surface hazards, equipment failure, negligent first aid, inadequate safety measures or supervision,
  • Accidents, slips, trips, or falls, contact or collisions with other participants, spectators, vehicles, or other natural or manmade objects, participants of varying skill levels;
  • Loss or damage to personal property and equipment;
  • Encounters with and injuries inflicted by domestic or wild animals; and
  • Situations beyond the control of STG or any partner event organizers or entities and other undefined risks and dangers that may not be foreseeable or are presently unknown.

Participant understands the above risks may be caused in whole or in part by Participant’s own actions or inactions, the actions or inactions of other participants, or the actions, inactions, or negligence of the Released Parties defined below. I, Participant hereby expressly and voluntarily assume all such risks and responsibility for any damages, liabilities, losses, or expenses which I may incur related to my participation in any STG Sponsored Activity.


Right to Limit Participation. STG may, in its sole discretion, limit who may participate in any STG Sponsored Activity, and may set requirements for participating in any STG Sponsored Activity. For example, STG prohibits all minors from participating in any STG Sponsored Activity. In the event of any dispute regarding qualification of a participate to participate in an STG Sponsored Activity, STG’s decision is final.


STG Rules and Regulations. A copy of STG’s Code of Conduct is available online at https://www.seattletri.org/about-us/code-of-conduct (“STG Code of Conduct”). Participant has reviewed and agrees to follow the STG Code of Conduct. Participant will also follow all other additional rules imposed, or instructions provided by STG at any time, including all instructions from STG members, staff, employees or volunteers. Participant understands that failure to abide by STG Rules may result in my removal from the STG Sponsored Activity.


Compliance with Third-Party Codes, Policies and Procedures. Participant represents that Participant has read and agrees to strictly comply with the following additional rules or their successor policies:

  • U.S. Center for SafeSport Code for the U.S. Olympic and Paralympic Movement, found at https://uscenterforsafesport.org/response-and-resolution/safesport-code/ (effective April 1, 2023);
  • USA Triathlon’s “Statement of Ethics and Code of Conduct” available at https://www.usatriathlon.org/about/governance (effective April 2022);
  • USA Triathlon’s “2022 Minor Athlete Abuse Prevention Policies” available at https://maapp.uscenterforsafesport.org/resource/2022-minor-athlete-abuse-prevention-policies-usa-triathlon/ (effective January 22, 2022); and
  • All other USA Triathlon policies, rules and procedures applicable to triathlon and duathlon activities.


Medical Consent. Participant grants STG permission to call 911 for emergency medical aid or to take Participant to a health care provider or hospital for medical treatment, or both, if STG or any of its staff or volunteers believe Participant sustained an injury, or otherwise requires medical treatment. Participant also gives consent to any health care provider or emergency aid responder to administer drugs and perform any medical treatment that the health care provider or responder determines appropriate for the relief of pain or to preserve Participant’s life or health. Participant assumes all responsibility for all medical, rescue, transportation, and other expenses incurred on Participant’s behalf. Participant will fully and immediately reimburse STG for any of those expenses that STG may advance, in its sole discretion. STG has no obligation to advance any expenses on Participant’s behalf.


Waiver and Release of Claims.

Definitions.

  • A. “Claims” means all claims, damages, fees (including attorney fees), costs, expenses, and other liabilities, whether known or unknown, and whether existing now or arising in the future.
  • B. “Releasees” means STG and its former, current, and future directors, officers, members, employees, volunteers, contractors, and agents, and also includes any owners, organizers, promoters, event directors, sponsors, advertisers, or other participants, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees, and volunteers. For events occurring within the City of Seattle, Releasees also includes the City of Seattle, its elected officials, officers, employees, agents, and volunteers.
WAIVER AND RELEASE OF CLAIMS. TO THE FULL EXTENT PERMITTED BY LAW, PARTICIPANT HEREBY RELEASES AND WAIVES ALL CLAIMS PARTICIPANT MAY HAVE AGAINST ANY RELEASEE THAT PARTICIPANT MAY HAVE NOW OR IN THE FUTURE RELATED TO OR ARISING FROM PARTICIPATION IN ANY STG SPONSORED ACTIVITY. THIS WAIVER AND RELEASE OF CLAIMS IS BINDING ON PARTICIPANT AND ON ANY OTHER PERSON WHO ASSERTS ANY CLAIM THROUGH OR ON BEHALF OF THE PARTICIPANT. THIS WAIVER AND RELEASE DOES NOT APPLY TO ANY CLAIM AGAINST A PARTICULAR RELEASEE TO THE EXTENT THE CLAIM IS CAUSED BY OR ARISES FROM THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THAT PARTICULAR RELEASEE. THIS WAIVER AND RELEASE CONTINUES TO APPLY IN FULL FORCE TO ALL OTHER CLAIMS AGAINST ALL OTHER RELEASEES. THIS WAIVER AND RELEASE IS IN PARTIAL CONSIDERATION OF PARTICIPANT BEING PERMITTED TO PARTICIPATE IN ANY STG SPONSORED ACTIVITIES.


Indemnification and Defense. Subject to the terms of this Waiver, and to the extent the waiver and release of Claims in Section 9 is not effective in whole or in part, then Participant will indemnify and defend Releasees against all Claims that Participant, or anyone on Participant’s behalf, may assert against any Releasee, including paying all attorney fees, costs, and other expenses. This obligation to indemnify and defend does not apply to any Claim against a particular Releasee to the extent the Claim is caused by or arises from the gross negligence or intentional misconduct of that particular Releasee. This obligation to indemnify and defend continues to apply to all other Claims against all other Releasees. This obligation to indemnify and defend is in partial consideration for Participant being permitted to participate in STG Sponsored Activities.


Authorization to Collect and Use Personal Information. While participating in the STG Sponsored Activity, Participant may provide to STG, or other event organizers, personal information such as Participant’s name, contact information, age, gender, and other demographic, physical, physiological, or identifying characteristics specifically requested (“Personal Information”). By voluntarily providing such Personal Information to STG and other event organizers, Participant grants STG and any event organize permission to collect, capture, record, and store the Personal Information, and grants a specific license at no cost to use such Personal Information for any purpose.


Publicity Release. Participant understands STG may sometimes take photograph or video and audio recordings of Participants for advertising or other purposes. Participant grants STG permission to record, photograph, reproduce, use, and publicly display the name, voice, photograph, or likeness of Participant, or other image or video or audio recording of Participant, for any communication, marketing, promotion, advertising, or other purposes that advances STG’s mission (as determined by STG, in its sole discretion), including use in STG’s programs, website, or social media. Participant also understands STG may use Participant’s name, voice, photograph, and likeness as permitted by law.


Governing Law and Venue; Partial Invalidity. This Agreement is governed by the laws of the State of Washington, except for its conflicts of law provisions. Venue for any arbitration related to this Agreement will be located in King County, Washington. If any part of this Agreement is held to be invalid, illegal, or unenforceable, the remainder of this Agreement will be enforced to the full extent permitted by law.


Dispute Resolution. Any dispute arising out of or related to this Agreement will be resolved by binding arbitration. The arbitration will be administered by Judicial Dispute Resolution, LLC, or another arbitrator if agreed to by STG and Participant. The arbitrator will determine the rules applicable to any arbitration. Judgment on the arbitration award may be entered in any court having jurisdiction.


Please read carefully before signing. This Agreement contains an assumption of risk; release of claims; and indemnification obligations; consent to use Participant’s name, voice, photograph, and likeness; and a medical consent. Seek legal counsel if you are unsure of its effect and ensure you have read it in its entirety.

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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.
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 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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