Huntington Beach Aquathon 5K and 10K

Tri the Beach, LLC Participant Waiver and Release of Liability 2015 Tri the Beach Event WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE TRI THE BEACH, LLC 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. 1. As a condition of my participation in the 2015 Tri the Beach Event located in Huntington Beach, CA (the Event) as a participant, runner, volunteer or otherwise, I hereby WAIVE, RELEASE, DISCHARGE, COVENANT NOT TO SUE and AGREE TO RELEASE FROM LIABILITY Tri the Beach, LLC, together with its founders, owners, officers, directors, managers, agents and employees, including but not limited to Tri the Beach LLC, the State of California, the County of Orange and their respective officers, directors, managers, members, agents and employees; Tri the Beach race officials and volunteers; and any and all other sponsors, suppliers, agents, independent contractors and other personnel in any way assisting or associated with this Event (collectively Releasees). This release is a contract with legal and binding consequences and it applies to all activities relating to the Event, whether located on the race course, exchanges or other race-related venues. I have read this document carefully before signing, and I understand what it means and what I am agreeing to by signing. 2. In consideration of the acceptance of my application for entry or participation as a volunteer in this Event by one or more Releasees, I hereby freely agree to and make the following contractual representations and agreements. 3. I know that this Event, consists of swimming in the ocean, biking and running, is physically strenuous and is a potentially hazardous activity. I voluntarily assume full and complete responsibility for all risks associated with participating in the Event and for any injury or accident that may occur during my participation in this Event, including by way of example and not limitation: (i) drowning; (ii) near-drowning; (iii) sprains; (iv) strains; (v) fractures; (vi) heat and cold injuries; (vii) over-use syndrome; (viii) injuries involving vehicles; (ix) animal bites and/or stings; (x) accidents involving, but not limited to biking, running, travel by boat, truck, car, or other convenience; (xi) accidents or injuries from hazardous or dangrous items in the sand or along the race course; (xii) negligence of myself and/or others, including Releasees; (xiii) course conditions, including bike trail conditions and sand conditions; and (xiv) the potential for permanent paralysis and/or death. 4. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASES or others, and assume full responsibility for my participation 5. I further understand that vehicle traffic, pedestrians, bicyclists which are not a part of the race and spectators may be present along the race course. While particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist. 6. As a condition of my participation, I agree to abide by all traffic and pedestrian laws and regulations and to follow any and all of Releasees safety instructions. I understand that my failure to do so may result in serious injury or death and may be grounds for my disqualification from this Event. 7. I acknowledge that I should not enter and participate in this event unless I am medically able and properly trained. I agree to abide by any decision of a race official relative to my ability to safely complete this road race. I further agree to administration of first aid and other medical treatment in the event of injury or illness and hereby release and indemnify Releasees from any and all liability or claims arising out of such treatment. 8. Having read this waiver and knowing and assuming these risks, and in consideration of the acceptance of my participation, I hereby for myself, my heirs, my executors, administrators or anyone else who might claim on my behalf (collectively Successors), WAIVE, RELEASE, DISCHARGE, COVENANT NOT TO SUE and AGREE TO RELEASE FROM LIABILITY of any kind or nature whatsoever arising out of my participation in this Event, even though such liability may arise out of negligence or carelessness on the part of Releases. 9. I hereby grant permission Tri the Beach LLC, to use my image or likeness for race promotional purposes. Such permission shall include the unlimited right to appropriate use gratis by Releasees of my name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the Event. I acknowledge that Releasees and their representatives shall have the unlimited right throughout the universe to copyright, use, reuse, publish, republish, broadcast and otherwise distribute all or any portion of the Event in which I may appear on any and all radio, network, cable and local television programs and in any print materials and in any other format or media (including electronic media) now know or hereinafter devised in perpetuity without compensation. 10. I understand the race registration fees are nonrefundable. 11. I acknowledge and agree, for myself and my Successors, that the above representations are contractually binding, and are not mere recitals, and that should I or my Successors assert a claim contrary to what I have agreed to in this agreement, the claiming party shall be liable for the expenses (including legal fees) incurred by the Releasees in defending such claim. This agreement may not be modified orally, and a waiver or modification of any provision shall not be construed as a waiver or modification of any other provision herein or as consent to any subsequent waiver or modification. I consent to the release by any third party to Releasees and their insurance carriers of my name and medical information that may relate to any injury or death I may suffer arising from my participation in the Event. Every term and provision of this agreement is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. SecureFee™ Registration Cancellation Insurance is offered in most states. If purchased, your registration may be covered for one of the covered reasons stated in the policy.