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.
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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 non
commercial 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
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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.
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By signing below:
• I agree to sign this document electronically.
• I understand that my electronic signature is legally binding, just like a handwritten
signature, and shows my intent to agree to the terms of the document.
• I agree that the participant is joining USA triathlon, is receiving a ONE-YEAR KIDS’
MEMBERSHIP and may receive emails and other correspondence from USA Triathlon.