Common use of ACKNOWLEDGMENT AND ASSUMPTION OF RISKS Clause in Contracts

ACKNOWLEDGMENT AND ASSUMPTION OF RISKS. The Event takes place indoors or outdoors and can include but not be limited to: warm-up exercises; competitive swimming, cycling and running, both in practice and in the Event; demo-ing (trying out) gear; participation in clinics, training, demonstrations or other games and activities, attendance at any activities, use of any equipment, facilities or premises and traveling in planes, vans, buses or other vehicles to and from activities (the Event and other activities collectively referred to in this Form as “activities” or “activity”). Activities may be scheduled or unscheduled, mandatory or optional, whether or not authorised and/or conducted by Operator or World Triathlon Corporation (“WTC”), structured or unstructured and include free time. I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Form as “risks”) of these activities can cause injury, damage, death or other loss to participant or others. The following describes some, but not all of the inherent risks, as applicable to participant’s activities: Risks in any competitive or athletic activity. Training for, practicing or competing in triathlon or other events and associated swimming, cycling, running and other conditioning involves frequent and repetitive use of the arms and legs, extreme fitness and endurance, and pushing the limits of the participant’s speed and abilities. Risks present in an outdoor environment. Participants may be subject to: high altitude or mountainous terrain; severe storms or bad weather such as lightning, strong winds, rain, hail, snow and ice; fast moving or deep lakes, oceans or other water bodies; currents or whitewater; extremely hot or cold weather; stinging, venomous and/or disease carrying animals (including marine life) or insects and other natural or man-made hazards. Hazards (both on land and above and below water level) may not be marked or visible and weather is always unpredictable. Risks involved in decision making and conduct. These risks include the risk that an Operator staff member, representative, volunteer, contractor or co-participant may misjudge a participant’s capabilities, health or physical condition, misjudge some aspect of instruction, medical treatment, weather, terrain, water level, or route location, or, that one of those persons may not warn participant (and/or participant’s legal guardian) about one or more of the inherent risks of these activities. Cycling, running and swimming risks. These risks include the risk of losing control and falling from the bike, colliding with objects (including parked or moving vehicles and/or bicycles) or people (including co-participants or spectators) on land or in water, tripping or falling down or encountering other water/road/trail hazards; or being submerged underwater, hitting bottom or drowning. Personal health and participation risks. The risk of contracting communicable disease(s), including but not limited to COVID-19, from other person(s) (including but not limited to any co-participant; spectator; Operator staff, representative, volunteer, or contractor; and/or any other person(s)) before, during, and/or after the Event and other activities. The risk that a participant’s mental, physical or emotional condition (including any use or abuse of alcohol or prescription or non-prescription drugs), whether disclosed or undisclosed, known or unknown, combined with participation in these activities and associated risks could result in injury, damage, death or other loss. Although Operator may review participant’s medical information, submitted in the registration process, Operator cannot anticipate or eliminate risks or complications posed by a participant’s mental, physical (including fitness level) or emotional condition. Risks connected with location. Activity location may cause or contribute to delays or difficulties in communication, transportation, evacuation or medical care. Risks associated with premises. Ruts, holes, water sources, rocks, uneven ground or other conditions may exist in and around the activities.

Appears in 9 contracts

Samples: Release and Indemnity Agreement, Introduction, Introduction

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ACKNOWLEDGMENT AND ASSUMPTION OF RISKS. The This Event takes and other activities take place indoors or outdoors and can include but not be limited to: warm-up exercises; competitive swimming, cycling and running, both in practice and in the Event; demo-ing (trying out) gear; participation in clinics, training, demonstrations or other games and activities, attendance at any activities, use of any equipment, facilities or premises and traveling in planes, vans, buses or other vehicles to and from activities (the this Event and other activities collectively referred to in this Form as “activities” or “activity”). Activities may be scheduled or unscheduled, mandatory or optional, whether or not authorised authorized and/or conducted by Operator Organizer or World Triathlon Corporation (“WTC”), structured or unstructured and include free time. I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Form as “risks”) of these activities can cause injury, damage, death or other loss to participant or others. The following describes some, but not all of the inherent risks, as applicable to participant’s activities: Risks in any competitive or athletic activity. Training for, practicing or competing in triathlon or other events and associated swimming, cycling, running and other conditioning involves frequent and repetitive use of the arms and legs, extreme fitness and endurance, and pushing the limits of the participant’s speed and abilities. Risks present in an outdoor environment. Participants may be subject to: high altitude or mountainous terrain; severe storms or bad weather such as lightning, strong winds, rain, hail, snow and ice; fast moving or deep lakes, oceans or other water bodies; currents or whitewater; extremely hot or cold weather; stinging, venomous and/or disease carrying animals (including marine life) or insects and other natural or man-man- made hazards. Hazards (both on land and above and below water level) may not be marked or visible and weather is always unpredictable. Risks involved in decision making and conduct. These risks include the risk that an Operator Organizer staff member, representative, volunteer, contractor or co-participant may misjudge a participant’s capabilities, health or physical condition, misjudge some aspect of instruction, medical treatment, weather, terrain, water level, or route location, or, that one of those persons may not warn participant (and/or participant’s legal guardian) about one or more of the inherent risks of these activities. Cycling, running and swimming risks. These risks include the risk of losing control and falling from the bike, colliding with objects (including UAVs, parked or moving vehicles and/or bicycles) or people (including co-participants or spectators) on land or in water, tripping or falling down or encountering other water/road/trail hazards; or being submerged underwater, hitting bottom or drowning. Personal health and participation risks. The risk of contracting communicable disease(s), including but not limited to COVID-19, from other person(s) (including but not limited to any co-participant; spectator; Operator Organizer staff, representative, volunteer, or contractor; and/or any other person(s)) before, during, and/or after the Event and other activities. The risk that a participant’s mental, physical or emotional condition (including any use or abuse of alcohol or prescription or non-prescription drugs), whether disclosed or undisclosed, known or unknown, combined with participation in these activities and associated risks could result in injury, damage, death or other loss. Although Operator Organizer may review participant’s medical information, submitted in the registration process, Operator Organizer cannot anticipate or eliminate risks or complications posed by a participant’s mental, physical (including fitness level) or emotional condition. Risks connected with location. Activity location may cause or contribute to delays or difficulties in communication, transportation, evacuation or medical care. Risks associated with premises. Ruts, holes, water sources, rocks, uneven ground or other conditions may exist in and around the activities. Equipment risks. The risk that equipment used in activities may be misused, or may break, fail or malfunction. Participant (and/or the participant’s legal guardian) assumes full responsibility for choosing appropriate equipment and for the fit and condition of the equipment. Organizer requires use of helmets for biking activities. Helmets or other safety gear may prevent or lessen injuries in some instances; however, use of safety gear is not a guarantee of safety, and injury can occur even with the use of this gear. Supervision and activities risks. I understand that neither Organizer nor its staff, representatives, volunteers, contractors or anyone associated with them will be supervising participant during the activities or at any time. Adult participant agrees he/she is solely responsible for his/her own well-being at all times; or, if applicable, a participant’s legal guardian agrees to take sole responsibility for participant’s supervision before, during and after the Event and other activities, including during free time and at all other times. Risks regarding conduct. The potential that participant, co-participant/s and/or third party/s may act in a negligent or intentional manner. Drone risks. I understand that unmanned aerial vehicles (“UAVs”, also known as “drones”) may be used at the Event for media or other purposes and accept the risk of a collision with, and any damage or injury relating to, any UAV. Risk regarding criminal/terrorist activity. The potential that third party/s may commit criminal acts or acts of terrorism. These and other risks may result in participants: falling partway or falling to the ground; being struck; colliding with objects (e.g., a UAV, parked or moving vehicles and/or bicycles), people or the bottom of a lake or other water body; experiencing bicycle or vehicle collision or rollover; reacting to high altitudes, weather conditions or increased exertion; becoming lost or disoriented; suffering gastro-intestinal complications or allergic reactions or experiencing other problems. These and other circumstances may cause heat or cold related illnesses or conditions (including hypothermia, cold water immersion, frostbite, hyperthermia, or heat exhaustion/stroke); dehydration; hyponatremia; drowning; high altitude sickness; heart or lung complications; broken bones; paralysis or other permanent disability; mental or emotional trauma; concussions; sunburn or other xxxxx or other injury, damage, death or loss -- before, during or even after the participant participates in the Event or other activities. I understand and agree: • I will review all materials received, accurately complete and agree to the registration information, documents and process, and rules and policies. I will obey all rules and policies, which include the IRONMAN Competition Rules with any applicable exceptions of any applicable national federation, international federation, race sanctioning body, the International Triathlon Union Competition Rules, all information included in the Event-specific athlete information guide and Event-specific athlete briefing session, as each of the foregoing may be amended, from time to time, and all traffic laws. I acknowledge that in order to participate in the Event, I may be required to be a current member of, or purchase a one-day license from, the race sanctioning body; • By submitting this entry, I agree to be bound by and comply with the WTC Anti-Doping Rules including, without limitation, all policies, procedures and/or other rules adopted by WTC (as may be amended from time to time and at any time by WTC), and the authority given to WTC under those rules. I also agree to be bound by the World Anti-Doping Code and associated International Standards, as issued by the World Anti-Doping Agency (e.g., the International Standard for Therapeutic Use Exemptions, the List of Prohibited Substances and Prohibited Methods, and the International Standard for Testing and Investigations). I acknowledge that I may also be bound by the rules of any applicable national federation, international federation, race sanctioning body, or anti-doping organization with authority over me; • My final acceptance and participation in the Event is contingent upon Organizer’s receipt and review of all required information and forms, including this Form; • Before participating in any activities, I may inspect the race course, facilities, equipment, and areas to be used, if I choose; • I am fully capable of participating without causing harm to myself or others. I further agree that participating in these activities requires extreme fitness and endurance, that I am solely responsible for my conditioning and fitness before, during and after the activities, and that I, in conjunction with my physician, am responsible for determining whether these activities are appropriate for me, before I participate; • Organizer has put enhanced health and safety measures in place due to the potential spread of COVID-19. I must follow all posted instructions while visiting any Event-related venue. An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID- 19 is an extremely contagious disease that can lead to severe illness, permanent disability, and death. According to the Centers for Disease Control and Prevention and the World Health Organization, senior citizens and persons with underlying medical conditions are especially vulnerable. By visiting any Event-related venue, I voluntarily assume all risks related to exposure to COVID-19; • Organizer contracts with individuals or organizations that are independent contractors (not its employees or agents) to provide some of the Event services and to conduct some of the activities participants will engage in. I acknowledge that Organizer does not supervise or control these independent contractors and is not legally liable or responsible for their conduct. In addition, activities take place on premises or at facilities not owned or controlled by Organizer, and Organizer does not oversee or take responsibility for any aspect or condition of these independent facilities or premises; • The information provided in this Form is not exhaustive, other unknown or unanticipated activities, inherent or other risks and outcomes may exist, and Organizer cannot assure my safety or eliminate any of the risks. I understand I can and should consult Organizer representatives if I have further questions about the activities or the associated risks; and • I am voluntarily participating with knowledge of the risks. Therefore, I assume and accept full responsibility for myself, for the inherent and other risks (both known and unknown) of the activities, and for any injury, damage, death or other loss I may suffer, resulting from those risks, including the risk of my, a co-participant’s, a Released Party’s, a spectator’s, a volunteer’s and/or a third party’s passive or active negligence or intentional or other misconduct.

Appears in 1 contract

Samples: Introduction

ACKNOWLEDGMENT AND ASSUMPTION OF RISKS. The This Event takes and other activities take place indoors or outdoors and can include but not be limited to: warm-up exercises; competitive swimming, cycling and running, both in practice and in the Event; demo-ing (trying out) gear; participation in clinics, training, demonstrations or other games and activities, attendance at any activities, use of any equipment, facilities or premises and traveling in planes, vans, buses or other vehicles to and from activities (the this Event and other activities collectively referred to in this Form as “activities” or “activity”). Activities may be scheduled or unscheduled, mandatory or optional, whether or not authorised authorized and/or conducted by Operator Organizer or World Triathlon Corporation (“WTC”), structured or unstructured and include free time. I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Form as “risks”) of these activities can cause injury, damage, death or other loss to participant or others. The following describes some, but not all of the inherent risks, as applicable to participant’s activities: Risks in any competitive or athletic activity. Training for, practicing or competing in triathlon or other events and associated swimming, cycling, running and other conditioning involves frequent and repetitive use of the arms and legs, extreme fitness and endurance, and pushing the limits of the participant’s speed and abilities. Risks present in an outdoor environment. Participants may be subject to: high altitude or mountainous terrain; severe storms or bad weather such as lightning, strong winds, rain, hail, snow and ice; fast moving or deep lakes, oceans or other water bodies; currents or whitewater; extremely hot or cold weather; stinging, venomous and/or disease carrying animals (including marine life) or insects and other natural or man-made hazards. Hazards (both on land and above and below water level) may not be marked or visible and weather is always unpredictable. Risks involved in decision making and conduct. These risks include the risk that an Operator Organizer staff member, representative, volunteer, contractor or co-participant may misjudge a participant’s capabilities, health or physical condition, misjudge some aspect of instruction, medical treatment, weather, terrain, water level, or route location, or, that one of those persons may not warn participant (and/or participant’s legal guardian) about one or more of the inherent risks of these activities. Cycling, running and swimming risks. These risks include the risk of losing control and falling from the bike, colliding with objects (including UAVs, parked or moving vehicles and/or bicycles) or people (including co-participants or spectators) on land or in water, tripping or falling down or encountering other water/road/trail hazards; or being submerged underwater, hitting bottom or drowning. Personal health and participation risks. The risk of contracting communicable disease(s), including but not limited to COVID-19, from other person(s) (including but not limited to any co-participant; spectator; Operator staff, representative, volunteer, or contractor; and/or any other person(s)) before, during, and/or after the Event and other activities. The risk that a participant’s mental, physical or emotional condition (including any use or abuse of alcohol or prescription or non-prescription drugs), whether disclosed or undisclosed, known or unknown, combined with participation in these activities and associated risks could result in injury, damage, death or other loss. Although Operator Organizer may review participant’s medical information, submitted in the registration process, Operator Organizer cannot anticipate or eliminate risks or complications posed by a participant’s mental, physical (including fitness level) or emotional condition. Risks connected with location. Activity location may cause or contribute to delays or difficulties in communication, transportation, evacuation or medical care. Risks associated with premises. Ruts, holes, water sources, rocks, uneven ground or other conditions may exist in and around the activities.

Appears in 1 contract

Samples: cdn1.sportngin.com

ACKNOWLEDGMENT AND ASSUMPTION OF RISKS. The This Event takes and other activities take place indoors or outdoors and can include but not be limited to: warm-up exercises; competitive swimming, cycling and running, both in practice and in the Event; demo-ing (trying out) gear; participation in clinics, training, demonstrations or other games and activities, attendance at any activities, use of any equipment, facilities or premises and traveling in planes, vans, buses or other vehicles to and from activities (the this Event and other activities collectively referred to in this Form as “activities” or “activity”). Activities may be scheduled or unscheduled, mandatory or optional, whether or not authorised authorized and/or conducted by Operator Organizer or World Triathlon Corporation (“WTC”), structured or unstructured and include free time. I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Form as “risks”) of these activities can cause injury, damage, death or other loss to participant or others. The following describes some, but not all of the inherent risks, as applicable to participant’s activities: Risks in any competitive or athletic activity. Training for, practicing or competing in triathlon or other events and associated swimming, cycling, running and other conditioning involves frequent and repetitive use of the arms and legs, extreme fitness and endurance, and pushing the limits of the participant’s speed and abilities. Risks present in an outdoor environment. Participants may be subject to: high altitude or mountainous terrain; severe storms or bad weather such as lightning, strong winds, rain, hail, snow and ice; fast moving or deep lakes, oceans or other water bodies; currents or whitewater; extremely hot or cold weather; stinging, venomous and/or disease carrying animals (including marine life) or insects and other natural or man-made hazards. Hazards (both on land and above and below water level) may not be marked or visible and weather is always unpredictable. Risks involved in decision making and conduct. These risks include the risk that an Operator Organizer staff member, representative, volunteer, contractor or co-participant may misjudge a participant’s capabilities, health or physical condition, misjudge some aspect of instruction, medical treatment, weather, terrain, water level, or route location, or, that one of those persons may not warn participant (and/or participant’s legal guardian) about one or more of the inherent risks of these activities. Cycling, running and swimming risks. These risks include the risk of losing control and falling from the bike, colliding with objects (including UAVs, parked or moving vehicles and/or and/ or bicycles) or people (including co-participants or spectators) on land or in water, tripping or falling down or encountering other water/road/trail hazards; or being submerged underwater, hitting bottom or drowning. Personal health and participation risks. The risk of contracting communicable disease(s), including but not limited to COVID-19, from other person(s) (including but not limited to any co-participant; spectator; Operator Organizer staff, representative, volunteer, or contractor; and/or any other person(s)) before, during, and/or after the Event and other activities. The risk that a participant’s mental, physical or emotional condition (including any use or abuse of alcohol or prescription or non-prescription drugs), whether disclosed or undisclosed, known or unknown, combined with participation in these activities and associated risks could result in injury, damage, death or other loss. Although Operator Organizer may review participant’s medical information, submitted in the registration process, Operator Organizer cannot anticipate or eliminate risks or complications posed by a participant’s mental, physical (including fitness level) or emotional condition. Risks connected with location. Activity location may cause or contribute to delays or difficulties in communication, transportation, evacuation or medical care. Risks associated with premises. Ruts, holes, water sources, rocks, uneven ground or other conditions may exist in and around the activities.

Appears in 1 contract

Samples: cdn1.sportngin.com

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ACKNOWLEDGMENT AND ASSUMPTION OF RISKS. The This Event takes and other activities take place indoors or outdoors and can include but not be limited to: warm-up exercises; competitive swimming, cycling and running, both in practice and in the Event; demo-ing (trying out) gear; participation in clinics, training, demonstrations or other games and activities, attendance at any activities, use of any equipment, facilities or premises and traveling in planes, vans, buses or other vehicles to and from activities (the this Event and other activities collectively referred to in this Form as “activities” or “activity”). Activities may be scheduled or unscheduled, mandatory or optional, whether or not authorised authorized and/or conducted by Operator Organizer or World Triathlon Corporation (“WTC”), structured or unstructured and include free time. I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Form as “risks”) of these activities can cause injury, damage, death or other loss to participant or others. The following describes some, but not all of the inherent risks, as applicable to participant’s activities: Risks in any competitive or athletic activity. Training for, practicing or competing in triathlon or other events and associated swimming, cycling, running and other conditioning involves frequent and repetitive use of the arms and legs, extreme fitness and endurance, and pushing the limits of the participant’s participant‟s speed and abilities. Risks present in an outdoor environment. Participants may be subject to: high altitude or mountainous terrain; severe storms or bad weather such as lightning, strong winds, rain, hail, snow and ice; fast moving or deep lakes, oceans or other water bodies; currents or whitewater; extremely hot or cold weather; stinging, venomous and/or disease carrying animals (including marine life) or insects and other natural or man-made hazards. Hazards (both on land and above and below water level) may not be marked or visible and weather is always unpredictable. Risks involved in decision making and conduct. These risks include the risk that an Operator Organizer staff member, representative, volunteer, contractor or co-participant may misjudge a participant’s participant‟s capabilities, health or physical condition, misjudge some aspect of instruction, medical treatment, weather, terrain, water level, or route location, or, that one of those persons may not warn participant (and/or participant’s participant‟s legal guardian) about one or more of the inherent risks of these activities. Cycling, running and swimming risks. These risks include the risk of losing control and falling from the bike, colliding with objects (including UAVs, parked or moving vehicles and/or bicycles) or people (including co-participants or spectators) on land or in water, tripping or falling down or encountering other water/road/trail hazards; or being submerged underwater, hitting bottom or drowning. Personal health and participation risks. The risk of contracting communicable disease(s), including but not limited to COVID-19, from other person(s) (including but not limited to any co-co- participant; spectator; Operator Organizer staff, representative, volunteer, or contractor; and/or any other person(s)) before, during, and/or after the Event and other activities. The risk that a participant’s participant‟s mental, physical or emotional condition (including any use or abuse of alcohol or prescription or non-prescription drugs), whether disclosed or undisclosed, known or unknown, combined with participation in these activities and associated risks could result in injury, damage, death or other loss. Although Operator Organizer may review participant’s participant‟s medical information, submitted in the registration process, Operator Organizer cannot anticipate or eliminate risks or complications posed by a participant’s participant‟s mental, physical (including fitness level) or emotional condition. Risks connected with location. Activity location may cause or contribute to delays or difficulties in communication, transportation, evacuation or medical care. Risks associated with premises. Ruts, holes, water sources, rocks, uneven ground or other conditions may exist in and around the activities.

Appears in 1 contract

Samples: cdn1.sportngin.com

ACKNOWLEDGMENT AND ASSUMPTION OF RISKS. The Event takes place indoors or outdoors and can include but not be limited to: warm-up exercises; competitive swimming, cycling and running, both in practice and in the Event; demo-ing (trying out) gear; participation in clinics, training, demonstrations or other games and activities, attendance at any activities, use of any equipment, facilities or premises and traveling in planes, vans, buses or other vehicles to and from activities (the Event and other activities collectively referred to in this Form as “activities” or “activity”). Activities may be scheduled or unscheduled, mandatory or optional, whether or not authorised and/or conducted by Operator or World Triathlon Corporation (“WTC”), structured or unstructured and include free time. I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Form as “risks”) of these activities can cause injury, damage, death or other loss to participant or others. The following describes some, but not all of the inherent risks, as applicable to participant’s activities: Risks in any competitive or athletic activity. Training for, practicing or competing in triathlon or other events and associated swimming, cycling, running and other conditioning involves frequent and repetitive use of the arms and legs, extreme fitness and endurance, and pushing the limits of the participant’s speed and abilities. Risks present in an outdoor environment. Participants may be subject to: high altitude or mountainous terrain; severe storms or bad weather such as lightning, strong winds, rain, hail, snow and ice; fast moving or deep lakes, oceans or other water bodies; currents or whitewater; extremely hot or cold weather; stinging, venomous and/or disease carrying animals (including marine life) or insects and other natural or man-made hazards. Hazards (both on land and above and below water level) may not be marked or visible and weather is always unpredictable. Risks involved in decision making and conduct. These risks include the risk that an Operator staff member, representative, volunteer, contractor or co-participant may misjudge a participant’s capabilities, health or physical condition, misjudge some aspect of instruction, medical treatment, weather, terrain, water level, or route location, or, that one of those persons may not warn participant (and/or participant’s legal guardian) about one or more of the inherent risks of these activities. Cycling, running and swimming risks. These risks include the risk of losing control and falling from the bike, colliding with objects (including parked or moving vehicles and/or bicycles) or people (including co-participants or spectators) on land or in water, tripping or falling down or encountering other water/road/trail hazards; or being submerged underwater, hitting bottom or drowning. Personal health and participation risks. The risk of contracting communicable disease(s), including but not limited to COVID-19, from other person(s) (including but not limited to any co-participant; spectator; Operator staff, representative, volunteer, or contractor; and/or any other person(s)) before, during, and/or after the Event and other activities. The risk that a participant’s mental, physical or emotional condition (including any use or abuse of alcohol or prescription or non-prescription drugs), whether disclosed or undisclosed, known or unknown, combined with participation in these activities and associated risks could result in injury, damage, death or other loss. Although Operator may review participant’s ’ s medical information, submitted in the registration process, Operator cannot anticipate or eliminate risks or complications posed by a participant’s mental, physical (including fitness level) or emotional condition. Risks connected with location. Activity location may cause or contribute to delays or difficulties in communication, transportation, evacuation or medical care. Risks associated with premises. Ruts, holes, water sources, rocks, uneven ground or other conditions may exist in and around the activities. Equipment risks. The risk that equipment used in activities may be misused, or may break, fail or malfunction. Participant (and/or the participant’s legal guardian) assumes full responsibility for choosing appropriate equipment and for the fit and condition of the equipment. Operator requires use of helmets for biking activities. Helmets or other safety gear may prevent or lessen injuries in some instances; however, use of safety gear is not a guarantee of safety, and injury can occur even with the use of this gear. Supervision and activities risks. I understand that neither Operator nor its staff, representatives, volunteers, contractors or anyone associated with them will be supervising participant during the activities or at any time. Adult participant agrees he/she is solely responsible for his/her own well-being at all times; or, if applicable, a participant’s legal guardian agrees to take sole responsibility for participant’s supervision before, during and after the Event and other activities, including during free time and at all other times. Risks regarding conduct. The potential that participant, co-participant/s and/or third party/s may act in a negligent or intentional manner. Drone risks. I understand that unmanned aerial vehicles (“UAVs”, also known as “drones”) may be used at the Event for media or other purposes and accept the risk of a collision with, and any damage or injury relating to, any UAV. Risk regarding criminal/terrorist activity. The potential that third party/s may commit criminal acts or acts of terrorism. These and other risks may result in participants: falling partway or falling to the ground; being struck; colliding with objects (e.g., a UAV, parked or moving vehicles and/or bicycles), people or the bottom of a lake or other water body; experiencing bicycle or vehicle collision or rollover; reacting to high altitudes, weather conditions or increased exertion; becoming lost or disoriented; suffering gastro-intestinal complications or allergic reactions or experiencing other problems. These and other circumstances may cause heat or cold related illnesses or conditions (including hypothermia, cold water immersion, frostbite, hyperthermia, or heat exhaustion/stroke); dehydration; hyponatremia; drowning; high altitude sickness; heart or lung complications; broken bones; paralysis or other permanent disability; mental or emotional trauma; concussions; sunburn or other xxxxx or other injury, damage, death or loss -- before, during or even after the participant participates in the Event or other activities. I understand and agree: • I will review all materials received, accurately complete and agree to the registration information, documents and process, and rules and policies. I will obey all rules and policies, which include but are not limited to, the rules and conditions detailed in this Agreement and as detailed on the Event website, the Operator’s IRONMAN Competition Rules with any applicable exceptions of any applicable national federation, international federation, Triathlon New Zealand Race Competition Rules, the International Triathlon Union Competition Rules, and all information included in the Event-specific athlete information guide and Event-specific athlete briefing session, as each of the foregoing may be amended, from time to time; and all traffic laws. I acknowledge that in order to participate in the Event, I may be required to be a current member of, or may be required to purchase a one-day license from, the race sanctioning body. Where such membership or one-day license effects insurance cover for participants in this Event or future Operator events, such insurance may not cover me for all personal injury, loss or damage sustained by me; • By submitting this entry, I agree to be bound by and comply with the Operator’s IRONMAN Anti-Doping Rules including, without limitation, all policies, procedures and/or other rules adopted by Operator/WTC (as may be amended from time to time and at any time by Operator/WTC), and the authority given to Operator and WTC under those rules. I also agree to be bound by the World Anti-Doping Code and associated International Standards, as issued by the World Anti-Doping Agency (e.g., the International Standard for Therapeutic Use Exemptions, the List of Prohibited Substances and Prohibited Methods, and the International Standard for Testing and Investigations). I acknowledge that I may also be bound by the rules of any applicable national federation, international federation, Triathlon New Zealand, Drug Free Sport New Zealand or any anti-doping organization with authority over me. I agree that to the extent I ingest or apply to my body any product provided in an athlete race kit or at the Event Village/Expo that causes me any injury or to test positive in any doping test, I will take full responsibility for such injury and/or test result and release WTC and Operator from any Claims (as defined below) related thereto; • My final acceptance and participation in the Event is contingent upon Operator’s receipt and review of all required information and forms, including this Form; • Before participating in any activities, I may inspect the race course, facilities, equipment, and areas to be used, if I choose; • I am fully capable of participating without causing harm to myself or others. I further agree that participating in these activities requires extreme fitness and endurance, that I am solely responsible for my conditioning and fitness before, during and after the activities, and that I, in conjunction with my physician, am responsible for determining whether these activities are appropriate for me, before I participate; • I will immediately notify an Event official if I believe or become aware that the race course, facilities, or equipment or other aspects of the race areas to be used are unsafe; • Operator has put enhanced health and safety measures in place due to the potential spread of COVID-19. I must follow all posted instructions while visiting any Event-related venue. An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness, permanent disability, and death. According to the Centre for Disease Control and Prevention and the World Health Organisation, senior citizens and persons with underlying medical conditions are especially vulnerable. By visiting any Event-related venue, I voluntarily assume all risks related to exposure to COVID-19; • Operator contracts with individuals or organizations that are independent contractors (not its employees or agents) to provide some of the Event services and to conduct some of the activities participants will engage in. I acknowledge that Operator does not supervise or control these independent contractors and is not legally liable or responsible for their conduct. In addition, activities take place on premises or at facilities not owned or controlled by Operator, and Operator does not oversee or take responsibility for any aspect or condition of these independent facilities or premises; • I will respect the rights, dignity and worth of every individual at the Event including participants, volunteers and spectators. I will at all times act responsibly and maintain high standards in respect to my language and actions and will not discriminate against any person on any grounds but in particular based on sex, sexual orientation, ethnicity, religion, ability or performance; • My Event registration is non-transferable; any attempted transfer may result in cancellation without refund and disqualification from participation in future events. If I wish to withdraw from the Event, or defer my registration to a future Event, I may only do so where permitted in accordance with the Event specific withdrawal and/or deferment policies set out on the Event website (if any), and must do so myself. Any associated processing fee is non-refundable; • I may receive a race timing chip and band, which will remain property of Operator. A recorded time slot is not guaranteed, and the timing chip and band must be returned on the date of the Event or I will be subject to a fee of $150, payable to Operator within 14 days after the Event; • The information provided in this Form is not exhaustive, other unknown or unanticipated activities, inherent or other risks and outcomes may exist, and Operator cannot assure my safety or eliminate any of the risks. I understand I can and should consult Operator representatives if I have further questions about the activities or the associated risks; and • I am voluntarily participating with knowledge of the risks. Therefore, I assume and accept full responsibility for myself, for the inherent and other risks (both known and unknown) of the activities, and for any injury, damage, death or other loss I may suffer, resulting from those risks, including but not limited to the risk of my, a co-participant’s, a Released Party’s, a spectator’s, a volunteer’s, and/or a third party’s passive or active negligence or other misconduct.

Appears in 1 contract

Samples: Introduction

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