|
PLEASE READ
CAREFULLY BEFORE SIGNING.
In
consideration of my and/or my child or ward’s participation by
World
Triathlon
Corporation (“WTC”) to assist and/or volunteer in the
above-referenced event, and any related programs, activities, or
events (collectively, the “Event”), I understand and acknowledge
that by signing below I am legally agreeing to the statements in the
following World Triathlon Corporation Volunteer Waiver and Release
Form.
I understand and acknowledge
that these statements are being accepted and relied upon by the
Released Parties, as defined below. I hereby freely and voluntarily
acknowledge and/or take action for myself and/or my child or ward,
and on behalf of my and/or their spouse, children, parents,
guardians, heirs, next of kin, and any legal or personal
representatives, executors, administrators, successors and assigns,
or anyone else who might claim or sue on my behalf and/or theirs, as
follows:
-
I
ACKNOWLEDGE AND ASSUME ALL THE RISKS OF VOLUNTEERING IN THE EVENT. I
understand that volunteering in the Event may involve a risk of physical
injury to me or others, damage to mine or other’s property, or other
consequences. These consequences might result from the actions,
inactions, or negligence of myself and/or others, or from various
conditions of the premises, the equipment used in the Event, and/or the
weather. There may also be other risks not known or not reasonably
foreseeable. Such risks include but are not limited to
the following: falls, dangers of collisions with athletes, vehicles,
pedestrians, other participants, spectators, or volunteers, and fixed
objects; dangers arising from surface hazards, equipment failure,
inadequate safety equipment; and hazard that may be posed by spectators
or volunteers. I further acknowledge that these risks include risks
that may be the result of negligent acts, omissions, and/or
carelessness of the Released Parties, as defined below. I
understand that I will be volunteering for the Event at my own risk and
I agree to assume all the risks incidental to volunteering in the
Event. I acknowledge that I and/or my child or ward is acting only as a
volunteer and not as an employee of WTC, and there is no expectation to
receive any type of compensation from WTC or any of the Released
Parties, as defined below. I understand that WTC
reserves the right, in its sole and complete discretion, to deny any
person from volunteering at the Event.
-
I
HEREBY RELEASE, WAIVE, COVENANT NOT TO SUE, AND FOREVER DISCHARGE the
Released Parties, as defined below, of and from any and all claims,
causes of action, damages (including direct,
indirect, incidental, special and/or consequential),
losses (economic and non-economic), costs, expenses, and liabilities of
every kind (“Claims”) arising out of or in any way connected with my or
my child or ward’s volunteer participation in the Event or traveling to
or from the Event, and further agree to
indemnify and hold each of the Released Parties harmless from and
against such Claims, including all attorney’s fees and disbursements up
through and including any appeal. I understand that this release and
indemnity includes, but is not limited to, Claims based on the
negligence, action or inaction of any of the Released Parties and
covers bodily injury (including death, partial or permanent
disability), loss by theft or otherwise, property damage to any
equipment, Claims relating to the provision of first aid, medical care,
medical treatment, or medical decisions (at an Event site or
elsewhere), and Claims for medical or hospital expenses, whether caused
by or suffered by me or my child or ward either before, during or after
such volunteer participation. For purposes hereof the “Released
Parties” are WTC,
all
Event sponsors, Event organizers, Event promoters, Event producers,
Event staff, Event officials, any sanctioning body, administrators,
contractors, vendors, advertisers, race directors, volunteers,
athletes, all other persons or entities involved with the Event, and
all states, cities, towns, and other governmental bodies and/or
municipal agencies and locations in which an Event or portions of an
Event takes place, and each of their respective parent, subsidiary and
affiliated companies, licensees, officers, directors, partners, board
members, shareholders, members, supervisors, insurers, agents,
employees, volunteers, and other participants
and representatives.
-
I acknowledge and
represent that I have no knowledge or reason to know of any personal
physical or mental limitations, conditions or other restrictions that
would make any activities personally inadvisable or inadvisable for my
child or ward to safely volunteer in the Event.
-
I and/or my child or ward
agree to observe the following code of conduct: 1) not to consume any drugs or
alcohol that will impair my judgment and/or ability to volunteer and
assist in this Event; 2) respect the rights, dignity, and worth of
every individual at the Event, including athletes, other volunteers,
and spectators; 3) not to discriminate against anyone based on sex,
ethnicity, religion, ability, or performance; 4) respect all property
including but not limited to the following: hotels, athletic
facilities, and equipment; 5) to act professionally and take
responsibility for my actions, including demonstrating high standards
in respect to my language and actions.
-
I hereby authorize
medical treatment or care for me and/or my child or ward if deemed
advisable in the event of injury, accident or illness by a medical
director or any of its agents, employees, volunteers, affiliates and
designees, a physician and/or hospital. I
agree to be responsible and assume liability for any and all costs incurred as a result of
my or my child or ward’s volunteering in the Event, not covered by my
insurance, including but not limited to, medical care and treatment, ambulance
services, hospital stays, and physician and pharmaceutical goods and
services.
-
I authorize for me and/or
my child or ward and voluntarily consent under the Health Information
Portability and Accountability Act (HIPAA) to the release and
disclosure of my or my child or ward’s protected health information,
health services provided to me, and/or any health related information
about me by a physician, emergency personnel, medical team member or
any of the Released Parties employee for the purposes of diagnosing or
providing treatment to me, coordination of care, and for health care
operations, including necessary administrative and business functions
related to my protected health information, including but not limited
to, the release of my protected health information to WTC, a
sanctioning body, insurance carriers, medical insurance coordinators,
other health care providers, parents/guardians, and/or hospitals. I
understand there is no expiration for this health information
disclosure authorization, I have the right to revoke this
authorization, unless action has been taken in reliance on this
authorization, and I understand that treatment will not be conditioned
upon this authorization.
-
I
hereby grant WTC and the other Released Parties the right, permission,
and authority to use my and/or my child or ward’s name, image, voice,
and/or likeness, without compensation or further notice, captured
during the event by WTC, its affiliated entities or contractors, and/or
media in all forms, including any photographs, videotapes, CDs, DVDs,
broadcast, telecast, podcast, webcast, recordings, motion pictures,
commercial advertisement, promotion materials, and/ or any other record
of this Event for any purpose whatsoever throughout the universe in
perpetuity. I agree to assign all copyright or other interests to WTC
and any related parties.
-
I expressly consent,
understand, and agree that any dispute or claim arising out of,
relating to or in connection with this Waiver and Release Form or my
participation in the Event, including but not limited to all questions
regarding issues of fault, liability, negligence, contributory
negligence, damages, jurisdiction, the existence, scope, validity,
performance, interpretation, termination, as well as entitlement to and
amount of attorneys’ fees and costs to the prevailing party, shall be
determined by binding arbitration as the sole remedy as to all matters
in dispute, administered by the American Arbitration Association (AAA)
in accordance with applicable arbitration rules as interpreted and
governed by the Florida Arbitration Code. Two (2) AAA arbitrators
acceptable to both Parties knowledgeable in the field and commercial
matters shall conduct the arbitration. The venue of any such
arbitration shall be Tampa, Florida, United States of America. If any
provision of this Agreement shall be deemed unlawful, void, or for any
reason, unenforceable, then that provision shall be deemed severable
from this Waiver and Release Form and shall not affect the validity and
enforceability of any remaining provisions.
I
AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE (OR WILL BE ON THE DATE
OF THE EVENT) OR OLDER, I HAVE READ THIS WAIVER AND RELEASE FORM, I
UNDERSTAND ITS CONTENT, AND INTENTIONALLY AND VOLUNTARILY SIGN IT. FOR
PERSONS UNDER EIGHTEEN (18) YEARS OF AGE, A PARENT OR LEGAL
GUARDIAN MUST ALSO SIGN THIS AGREEMENT.
|