C26 Youth Triathlon

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

C26 Ytri, Inc. (d/b/a C26 Youth Triathlon, “C26 YTRI”)) desires to facilitate, provide, make available, or sponsor certain activities to and for the Undersigned or Minor participant.  Such activities include training for, coaching for, and participating in triathlons, duathlons, other multi-sport events, running, swimming, and bicycling (“C26 Activities”).

In consideration for C26 YTRI allowing the Undersigned or Minor participant to participate in such certain activities, the Undersigned hereby understands, acknowledges, represents, and agrees as follows: 

I, on behalf of myself, my spouse, children, parents, guardians, heirs, and next-of-kin, as well any legal and personal representatives, executors, administrators, successors and assigns, hereby voluntarily enter into the following contractual terms pursuant to this Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement ("the Agreement").

1.         I am capable of understanding the terms of this Agreement.

2.         My participation in C26 Activities is voluntary and I have the right to terminate my participation at any time.  

3.         I am capable of participating in C26 Activities and do not have any physical or mental disability, condition, or limitation that will inhibit my participation.  It is my sole responsibility to determine whether I am capable of participating in C26 Activities.   

4.         The terms of this Agreement apply equally at all locations where C26 Activities take place, whether on C26 YTRI’s premises or elsewhere.

5.         There are risks, hazards, and dangers associated with C26 Activities, some of which represent an extreme test of a person’s physical and mental limits, and my participation could result in injuries of all kinds, including but not limited to SERIOUS BODILY INJURY OR DEATH.  These risks, hazards, and dangers include:  sickness and disease; permanent disability; paralysis and loss of life or limbs; loss of or damage to equipment or property; loss of income; exposure to extreme conditions and circumstances; accidents, contact or collision with other participants, spectators, persons, structures, vehicles, or other natural or man-made objects; danger from adverse weather conditions; imperfect course conditions including but not limited to imperfect water, road, and surface hazards; equipment failure even when equipment is used properly; inadequate safety measures; the actions or negligence of other participants in C26 Activities; the actions or negligence of the Indemnified Parties; the aggravation of preexisting physical and mental health conditions; and other risks, hazards, and dangers which are inherent in C26 Activities, whether or not identified, known, or within my control.  

6.            Understanding these risks, hazards, and dangers, I EXPRESSLY ASSUME ALL RISKS ASSOCIATED with C26 Activities, inherent and otherwise, whether described in this Agreement or otherwise, to the fullest extent permitted by law.  Further, I will observe and comply with all directions, instructions, rules, regulations, and guidelines prescribed by the Indemnified Parties for C26 Activities, and I will use properly all equipment associated with C26 Activities, whether provided by C26 YTRI or otherwise.  It is my responsibility to understand all directions, instructions, rules, regulations, and guidelines relating to C26 Activities and any equipment associated with such activities.  If I do not understand such directions, instructions, rules, regulations, or guidelines, it is my responsibility to ask questions and understand the answers before proceeding with C26 Activities.  The Indemnified Parties or others may determine that my participation in C26 Activities should be altered, limited, paused, or terminated, whether to preserve my safety, the safety of another, or otherwise.  I will abide by such determination.

7.         I hereby WAIVE AND RELEASE C26 YTRI and all others involved in facilitating, providing, making available, or sponsoring C26 Activities and all others involved in providing equipment or services related to C26 Activities, including C26 YTRI’s predecessors and successors in interest; parent, subsidiary, or affiliated entities; assigns, agents, employees, officers, directors, owners, partners, members, investors, insurers, and shareholders (“Indemnified Parties”) from ANY CLAIMS asserted by anyone arising out of or in connection with any harm, injury, damages, or death I suffer; whether caused by NEGLIGENCE or any other cause, known or unknown.  Further, I agree that neither I, nor my estate, successors, heirs, or assigns WILL SUE the Indemnified Parties.  Further, I agree that I, my estate, successors, heirs, and assigns WILL DEFEND AND INDEMNIFY the Indemnified Parties if any claim or cause of action is pursued by anyone arising out of or in connection with any harm, injury, damages, or death that has any connection whatsoever with C26 Activities.  Further, I agree that I, my estate, successors, heirs, and assigns will reimburse the Indemnified Parties for any loss arising from such claim or cause of action.   

8.         In the event of an accident, injury, or perceived injury, I authorize the Indemnified Parties to stabilize me, obtain medical care for me, and transport me to another location to receive medical care.  If in the opinion of the Indemnified Parties I need medical care and I am unable to make medical care decisions for myself, I authorize the Indemnified Parties to proceed as the Indemnified Parties deem best for my safety and health in their sole and absolute discretion.  I agree to pay all costs associated with such actions taken by the Indemnified Parties.  I INDEMNIFY AND HOLD HARMLESS the Indemnified Parties from any consequences resulting from these actions.

9.         To the extent C26 YTRI is found liable for any claim, I LIMIT THE LIABILITY of C26 YTRI to the total amount of payments I made for services actually provided by C26 YTRI during the three-month period ending on the date the claim accrued.

10.       I authorize C26 YTRI to take photographs and videos of me while I participate in C26 Activities.  I hereby authorize the use of my name, image, and likeness for marketing, promotional, and other purposes, without compensation.  

11.       By signing this Agreement, I agree to C26 YTRI’s No Refund and No Deferral Policy. 

12.       In an action where one party to this Agreement seeks to enforce its rights under this Agreement or seeks a declaration of the rights or obligations existing under this Agreement, the prevailing party shall be awarded its reasonable costs and expenses incurred, including attorneys’ fees.

13.       This Agreement shall continue in effect and remain in force perpetually from the date on which it is executed.  This Agreement covers my participation in C26 Activities now and in the future.

14.       This Agreement is intended to be as broad and inclusive as is permitted by law.  This Agreement is not intended to assert any claims or defenses that are prohibited by law, and this Agreement shall be interpreted in accordance with and not in violation of any applicable law or regulation.  Each term of this Agreement shall be treated as a separate and independent clause, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clause.  If one or more of the terms contained in this Agreement shall for any reason be held to be excessively broad as to scope, activity, subject, or otherwise so as to be unenforceable at law, such term shall be construed by the appropriate judicial body so as to be enforceable to the maximum extent permitted by the applicable law as it then appears.

15.       All matters contained within this Agreement shall be governed and construed in accordance with the substantive laws of the State of Indiana, without giving effect to its choice of law or conflicts of law principles.

16.       This Agreement represents the sole and entire understanding between myself, C26 YTRI, and the Indemnified Parties; no oral representation, statement, or inducement apart from this Agreement has been made regarding any issue related to the subject matter of this Agreement.  This Agreement may be modified only by a writing signed by the parties hereto.

17.       I understand I am giving up substantial legal rights by signing this Agreement (including the rights of myself, my spouse, children, parents, guardians, heirs, next of kin, and any legal and personal representatives, executors, administrators, successors and assigns).  

18.       By submitting this entry, I represent that I have read this Agreement carefully, understand the terms and conditions of this Agreement, and that I sign this Agreement freely and voluntarily, without any inducement, assurance, or guarantee.  I  intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions, and provisions of this Agreement.  If the individual participating in C26 Activities is a Minor, by submitting this entry, the parent or legal guardian represents the same.  By typing my name below, I am signing this application electronically.  I agree that my electronic signature is the legal equivalent of my manual signature on this document.

CONSENT OF PARENT OR LEGAL GUARDIAN (required if the participant is less than 18 years of age (a “Minor”)):

If the individual participating in C26 Activities is a Minor, as the parent or legal guardian of the Minor identified above, I accept and agree to all of terms and conditions of this Agreement on behalf of the Minor in connection with the Minor’s participation in C26 Activities.  If, despite this Agreement, I or anyone on the minor’s behalf makes a claim for liability against C26 YTRI I will indemnify, defend, and hold harmless C26 YTRI from any such liabilities incurred as a result of such claim.  I expressly agree to be bound by all terms and conditions of this Agreement.

WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE USA TRIATHLON 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.  WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT – USA TRIATHLON MEMBERSHIP IN CONSIDERATION of becoming a member of USA Triathlon (“USAT”), I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (this “Agreement”).  1. Physical Health. I hereby represent that (i) I am in good health and in proper physical condition to participate in USAT sanctioned events (an “Event” or “Events”); and (ii) I am not under the influence of alcohol or any illicit or prescription drugs, and will not be under any such influence at the time of the Event, which would in any way impair my ability to safely participate in the Event. I also agree, represent and warrant that I will not participate in any Event if I (i) experience fever, cough or shortness of breath symptoms or symptoms of a communicable disease, such as but not limited to COVID-19, or (ii) have a suspected or diagnosed/confirmed case of a communicable disease, such as but not limited to COVID-19. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event.  2. Compliance with Rules, Regulations, Codes, Policies and Procedures.  a. I hereby represent that I have read and agree to strictly comply with the USAT Code of Conduct and all other USAT Policies, Codes and Procedures applicable to me, including but not limited to USAT’s Minor Athlete Abuse and Prevention Policies and the Code and policies of the U.S. Center for SafeSport, found here.   b. I hereby represent that I have read and agree to strictly comply with the rules and regulations established for any Event, including but not limited to USAT’s “USA Triathlon Multisport Competition Rules” and the Guide to Prohibited Substances and Prohibited Methods of Doping adopted by the United States Anti-Doping Agency (“USADA”). I understand and agree that the World Triathlon Anti-Doping Rules and the USADA Protocol for Olympic and Paralympic Movement Testing (“USADA Protocol”) and all other policies and rules adopted by the World Triathlon, USADA, and the United States Olympic and Paralympic Committee (the “USOPC”) apply to me and that it is my responsibility to comply with those rules. I agree to submit to drug testing at any time and understand that the use of methods or substances prohibited by the applicable anti-doping rules would make me subject to penalties including, but not limited to, disqualification and suspension. If it is determined that I may have committed a doping violation, I agree to submit to the results management authority and processes of USADA, including arbitration under the USADA protocol, or to the results management authority of World Triathlon and/or USA Triathlon, if applicable, or referred by USADA.  c. I also accept sole responsibility for my own conduct and actions while participating in any Event, and the condition and adequacy of my equipment and I agree and acknowledge that USAT, the race director and/or Event organizer may deny or revoke my entry to any Event or disqualify me if I am in breach of this section. I agree that USAT, the race director and/or Event organizer is not responsible for any costs incurred or damages suffered by me in such event. 1 January 2026 3. Authorization to Collect and Use Date; Release of Image.  a. While being a member of USAT, you may be asked by USAT to provide personal information about yourself (such as name, contact information, age, gender and other demographic information). I understand and agree that USAT will collect, use and share such information in accordance with USAT’s Privacy Policy. USAT may share such information with race directors operating USAT sanctioned races, as necessary for race registration purposes. I hereby grant USAT, the race director(s) and/or Event organizer(s) permission to collect, capture, record and store the data, and grant to each of them a license to use the data for the following purposes: (i) the promotion of any multisport events; (ii) the promotion or exhibition of any Event; (iii) any noncommercial use; and/or (iv) transmitting my race images to me for commercial purposes. b. I irrevocably grant to USAT and its designees, agents, assigns, partners and licensees (with no obligation to compensate me) the right and license, throughout the world, in any and all forms of media currently existing or hereafter created, to use, reproduce, adapt, publicly distribute, perform, display, broadcast, acquire, activate, retain, and transmit my name, nickname, initials, voice, biographical data, statements, performance, video and/or film portrayals, photograph and/or electronic likeness and image of me in connection with (i) the promotion of any multisport events; (ii) the promotion or exhibition of any Event; (iii) any non-commercial use; and/or (iv) transmitting my race images to me for commercial purposes. I understand that USAT may not use my image in a manner that creates or implies an endorsement of a commercial product or service without my prior consent and represent and warrant that I have the right to grant such consent on behalf of myself.  4. Assumption of Risk. I understand and acknowledge the physical and mental rigors associated with triathlon, duathlon, or other multi-sport events, and realize that running, bicycling, swimming and other portions of such Events are inherently dangerous and represent an extreme test of a person’s physical and mental limits. I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, sickness and disease (including but not limited to communicable disease), permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; accidents, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; 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 organizers of Events; and other undefined risks and dangers which may not be readily foreseeable or are presently unknown, including any unknown claims under Section 1542 of the California Civil Code (collectively, “Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in any Event, or the acts, inaction or negligence of the Released Parties defined below, and I hereby expressly and voluntarily choose to assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any Event.  5. Consent to Medical Care. I hereby consent to treatment in the event of an emergency or other incident in which, in the reasonable judgment of on-site and other personnel, I require medical care. I further agree to pay all costs associated with such medical care and to indemnify and hold harmless the Released Parties (as defined below) from any costs or claims arising from such medical care.  6. Release from Liability. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: World Triathlon, USAT, Event owners, organizers and promoters (including any contractors), race directors (including any contractors), other participants in any Event, sponsors, advertisers, host cities, the USOPC, Local Organizing 2 January 2026 Committees, venue and/or property owners upon which any Event takes place, Law Enforcement Agencies and other Public Entities providing support for an 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”), 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 (i) my participation in an Event, and/or (ii) any INJURY, ILLNESS OR DEATH (including but not limited to INJURY, ILLNESS OR DEATH resulting from a communicable disease, such as COVID-19) arising out of or related to any Event, and, with respect to (i) and (ii), 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.  7. Arbitration. In the event of a dispute between me and any of the Released Parties, such dispute shall be settled by arbitration administered by the Court of Arbitration for Sport. The hearing shall be conducted in Colorado Springs, Colorado, unless both parties consent to a different location. The decision of the arbitrator shall be final and binding upon all parties, and judgment upon the award rendered pursuant to such arbitration may be entered in any court of competent jurisdiction.  8. Other. 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. 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.  I am the parent or legal guardian of the above-named participant. On behalf of the participant, I hereby irrevocably and unconditionally (1) agree to all of the terms of this Agreement, (2) authorize USAT or any of its designees to arrange or any necessary medical treatment for the participant and (3) agree personally to comply with all applicable USAT policies, rules and regulations, including but not limited to USAT’s Code of Conduct. I also, for myself and on behalf of my heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Released Parties (defined above) from any and all claims or causes of action that I may have for damages for personal or bodily injury, disability, death, loss or damage to person or property, whether arising from the negligence of any or all of the Released Parties, or otherwise, to the fullest extent permitted by law.