I agree that it is my sole responsibility to determine whether the participant is sufficiently fit and healthy enough to participate in the Jr Bears Triathlon. I also agree that I have inspected all athletic equipment including, but not limited to goggles, bike helmet and bike, and deem it safe and usable for the Jr Bears Triathlon.
I certify that I am aware that the participant is taking certain risks by participating in the Jr Bears Triathlon, including but not limited to those associated with swimming, biking and running. I understand that during participation in these activities one may be exposed to physically and psychologically stressful and challenging situations, including but not limited to risks and dangers inherent in the activity itself, dangers arising from adverse weather conditions; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Black Bear Aquatics and the event organizers and volunteers; and other undefined risks and dangers which may not be readily foreseeable. I understand that these risks may be caused in whole or in part by the participants own actions or inactions, the actions or inactions of others participating in the Jr Bears Triathlon, or the acts, inaction or negligence of the Released Parties defined below, and I hereby expressly assume all such risks and responsibility for any damages, liabilities, losses or expenses which the participant incurs as a result of their participation in the Jr Bears Triathlon.
I understand that, although the Jr Bears Triathlon has taken precautions to provide proper organization, supervision, instruction, and equipment for each activity, it is impossible for Black Bear Aquatics and its event organizers and volunteers to guarantee absolute safety. I understand that I share responsibility for the safety of the participant and assume that responsibility.
I hereby assume all risks and dangers and will hold harmless to the fullest extent permitted by law Black Bear Aquatics, its owners, agents, employees, and volunteers, and all groups and persons connected herewith, from all actions causes of actions, suits, and any claims, demands, and liabilities whatsoever, both in law and equity.
I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: Black Bear Aquatics, the Event Owners, Organizers and Promoters, Race Directors, Sponsors, Advertisers, Town of Orono, Venues and Property Owners upon which the Jr a Bears Triathlon takes place, Law Enforcement Agencies and other Public Entities providing support for the Event, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate to my participation in the Event, including claims for Liability caused in whole or in part by the negligence of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which any may be incurred as the result of such claim.
I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
PARENT/GUARDIAN WAIVER FOR MINORS (Under 18 years old)
The undersigned parent or guardian does hereby represent that he/she is, in fact, acting in such capacity, has consented to his/her child or ward’s participation in the Jr Bears Youth Triathlon, and has agreed individually and on behalf of the child or ward, to the terms of the waiver and release of liability set forth above. The undersigned parent or guardian further agrees to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim, or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian.
Photography Release
I agree that my consent and release are irrevocable and I release and discharge Black Bear Aquatics from any and all claims in the connection with the use and reproduction of any video film or photo reproduction of my child or their experience in the Jr Bears Youth Triathlon.
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.
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