PLEASE READ CAREFULLY — THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS

In consideration of you accepting this entry, I, the participant, intending to be legally bound, do hereby waive and forever release any and all rights and claims for damages or injuries that I may have against the Event Director, RunSignup.com, and all of its agents assisting with the event, the event sponsors and their representatives, volunteers and employees, including but not limited to Animo Performance LLC (collectively, the "Released Parties") for any and all injuries to me or my personal property, including any and all claims arising out of or relating to the ordinary negligence of any of the Released Parties. This release includes all injuries and/or damages suffered by me before, during or after the event. I recognize, intend and understand that this release is binding on my heirs, executors, administrators, or assignees. Notwithstanding anything to the contrary, this release does not apply to, and I do not waive, any claim arising from the gross negligence, recklessness, willful or wanton misconduct, or fraud of any of the Released Parties, or any other liability that may not lawfully be released under California Civil Code section 1668.

I know that running a road race is a potentially hazardous activity. I should not enter and run unless I am medically able to do so and properly trained. I assume all risks associated with running in this event including, but not limited to: falls, contact with other participants, the effects of weather, traffic, and course conditions, and waive any and all claims which I might have based on any of those and other risks typically found in running a road race. I acknowledge all such risks are known and understood by me. I agree to abide by all decisions of any race official relative to my ability to safely complete the run. I certify as a material condition to my being permitted to enter this race that I am physically fit and sufficiently trained for the completion of this event and that a licensed Medical Doctor has verified my physical condition.

In the event of an illness, injury or medical emergency arising during the event, I hereby authorize and give my consent to the Event Director to secure from any accredited hospital, clinic and/or physician any treatment deemed necessary for my immediate care. I understand and agree that I will be fully responsible for payment of any and all medical services and treatment rendered to me including but not limited to medical transport, medications, treatment and hospitalization.

As it applies to my participation in this race, I agree to abide by the Center for Disease Control (CDC)’s recommendations for the prevention of the spread of COVID-19 and attest to having read the CDC’s guidance at: https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.html. I also agree to abide by any COVID-19 distancing and other safety guidelines issued by the state, the community or by this race for my participation in this race.

Further, I grant permission to all the foregoing to use my name, voice and images of myself in any photographs, motion pictures, results, publications or any other print, videographic or electronic recording of this event for legitimate purposes.

This event follows the standard running industry policy: All entry fees are non-refundable. We reserve the right to postpone or cancel the event due to circumstances beyond our control such as a natural disaster or emergency or as required to protect the safety of participants and staff. No refunds will be issued under these circumstances. We reserve the right to change the details of the event without prior notice. I understand that my entry fee is nonrefundable and that bib numbers are nontransferable.

By submitting this entry, I acknowledge (or a parent or adult guardian for all children under 18 years) having read and agreed to the above release and waiver including the no refund policy.

Parent or Guardian of Minor Participants: If the participant is under 18 years of age, I represent that I am the parent or legal guardian of the participant and I execute this waiver and release on my own behalf and on behalf of the minor participant. I agree that the release, assumption of risk, and other terms set forth above are binding on me, the minor participant, and our respective heirs, executors, administrators, and assignees. To the fullest extent permitted by law, I agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, losses, liabilities, and expenses (including reasonable attorneys' fees) brought by or on behalf of the minor participant arising out of or relating to the minor's participation in the event, except to the extent such claims arise from the gross negligence, recklessness, willful or wanton misconduct, or fraud of any of the Released Parties.

Governing Law; Severability: This waiver and release shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles, and any dispute arising out of or relating to it shall be brought exclusively in the state or federal courts located in California. If any provision of this waiver and release is held to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified and enforced to the maximum extent permitted by law. I agree that this waiver and release is intended to be as broad and inclusive as is permitted by the laws of the State of California.

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.  

Parent or Guardian Signature Print Name Date Signed