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Team Waiver Agreement

SOUTHERN INDIANA TRIATHLON TEAM
WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT

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

Definitions
“Participant” means each individual listed on this form assisting with, taking part in and/or competing in activities or events with the Southern Indiana Triathlon Team.

The “Undersigned” means each Participant, AND when a Participant is under age 18, it includes such Participant’s parent or legal guardian signing on behalf of himself/herself and on behalf of the minor Participant.  

“Activity” means assisting with, taking part in, and/or competing in events with the Southern Indiana Triathlon Team, and includes, but is not limited to, pre and post competition activities, biking, running, swimming and/or any other activities with the Southern Indiana Triathlon Team.

“Released Party” means the Southern Indiana Triathlon Team, LRCBLA (Lakeridge and Blue Lake Homeowners), New Beginnings Christian Fellowship, any municipalities involved in the Activity, and any sponsors of the Activity and all of their respective insurance companies, directors, officers, managers, agents, employees, volunteers, sponsors, representatives, assigns, and independent contractors.

2.    Assumption of Risk
The Undersigned expressly assume all risks associated with the Activity.  The Undersigned recognizes that falls and collisions occur and injuries are a common and ordinary occurrence of the Activity.  The Undersigned further agree and understand that risks associated with the Activity, include, but are not limited to: strenuous physical exertion; falls; scrapes; broken bones; serious physical injury or death; equipment malfunction, unexpected loss of braking or handling; collisions with other people, objects, vehicles, or boats; varying weather conditions; rough water; drowning; dirt and paved surfaces; slick or uneven surface conditions; rocks; loose gravel; holes and potholes; debris; high speed; encountering wildlife and wild animals; theft of property; course configuration; sharing Activity areas or courses with others - directly involved and/or not directly involved in the Activity - and with boats or cars or other moving vehicles.  The Undersigned know, understand, appreciate and agree to assume the risks of participating in the Activity.

The Undersigned agree and understand that Participant has the opportunity to inspect the Activity venues and courses prior to participating in the Activity and that Participant assumes the risk of all venue and course conditions, including but not limited to risks associated with design, construction, layout and/or obstacles.

A minor Participant’s parent or guardian acknowledges: 1) they have spoken to the minor Participant about the Activity; 2) the minor Participant understands and appreciates the risks of participating in the Activity; and 3) the minor participant has voluntarily decided to participate in the Activity.  

3.    Release of Liability and Indemnification
In consideration of allowing the Participant to participate in the Activity, the Undersigned agree to hold harmless, release, defend, and indemnify, all Released Parties FROM ANY AND ALL LIABILITY AND/OR CLAIMS for injury or death to persons or damage to property arising from the Participant’s participation in the Activity, including those injuries or damages CAUSED BY ANY RELEASED PARTY’s ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY EXPRESSED OR IMPLIED WARRANTY.

By signing this release, the Undersigned AGREE NOT TO SUE any Released Party and agree they are releasing any right to make a claim or file a lawsuit against any Released Party.  The Undersigned further agree to defend and indemnify each Released Party for any and all claims of the Undersigned and/or a third party (including, but not limited to co-Participants, rescuers, parents or others) arising in whole or in part from the Participant’s participation in the Activity.  The Undersigned agree to pay all legal costs, attorney fees, court costs and investigative costs incurred by any Released Party in defending a claim or suit brought by or on behalf of the Undersigned.

The Undersigned acknowledges and agrees this entire agreement shall be binding upon the spouse, subrogors, distributors, administrators, heirs, spouse, next of kin, executors, personal representatives and assigns of the Undersigned.

4.        Representations of Participant and/or Parents or Legal Guardians
By signing this release without a parent or guardian’s signature, Participant represents that he/she is at least 18 years of age, or, if signing as the parent or guardian of the Participant, signer represents that he/she is the legal parent or guardian of the minor Participant.  The Undersigned agree to indemnify the released parties for all liability claims, including attorney fees, arising from any misrepresentations made in this application or fraudulent execution of this agreement.

Participant represents and agrees that they have been informed and understand all rules and regulations of participation in the Activity and they are responsible for reading, understanding and complying with all signage, rules, regulations and instructions regarding the Activity.  

The Undersigned represent that the Participant is in good health, has no health problems that preclude participation; and has the skill and fitness level to participate in the Activity safely.  The Undersigned grants permission to received first aid treatment, emergency medical treatment, and authorized any Released Party to call for medical care for the Participant or to transport the Participant to a medical facility or hospital if, in the opinion of any Released Party, medical attention is needed.  The Undersigned agree that upon Participant’s transport to any such medical facility or hospital that the Released Party shall not have any further responsibility for Participant.  Further, the Undersigned agree to pay all costs associated with such medical care and related transportation provided for Participant and shall indemnify and hold harmless the Released Party from any and all liability and/or claims associated with such medical care and/or related transportation.

In the case of a minor Participant, the undersigned parent or legal guardian acknowledges: 1) they are signing this release on behalf of the minor Participant; 2) they are waiving certain rights on behalf of the minor Participant that the minor Participant otherwise may have; 3) the minor Participant shall be bound by all the terms of this release.  Additionally, the minor Participant’s parent or legal guardian voluntarily grants permissions for the minor Participant to take part in the Activity and acknowledges that but for such grant of permission, the minor Participant would not be permitted to participate in the Activity.

The Participant acknowledges and agrees that they are voluntarily participating in the Activity.

The Undersigned acknowledge and agree that this release is applicable to this and all subsequent Participation in any Activity with the Southern Indiana Triathlon Team.

5.      Miscellaneous
In consideration for allowing the Participant to participate in the Activity, the Undersigned agree that any and all claims for injury and/or death arising from the Participant’s participation in the Activity shall be GOVERNED BY INDIANA LAW and EXCLUSIVE JURISDICTION of any claim shall be in the county court residing where the alleged incident occurred or in the Federal District Court for the Southern District of Indiana.

This release shall be binding to the fullest extent permitted by law.  If any part of this release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties.  

I  HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS, AND VOLUNTARILY AND KNOWINGLY RELEASE CERTAIN LEGAL RIGHTS THAT I OTHERWISE MAY HAVE, INCLUDING WAIVING THE RIGHT OF FINANCIAL RECOVERY FOR INJURY, WHETHER THE INJURY RESULTS FROM THE INHERENT RISKS OF THE ACTIVITY OR FROM THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY.


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Privacy Policy / Conditions of Use

Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Southern Indiana Triathlon Team's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Southern Indiana Triathlon Team's web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Southern Indiana Triathlon Team at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Southern Indiana Triathlon Team's web site are provided "as is". Southern Indiana Triathlon Team makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Southern Indiana Triathlon Team does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Southern Indiana Triathlon Team or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Southern Indiana Triathlon Team's Internet site, even if Southern Indiana Triathlon Team or a Southern Indiana Triathlon Team authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Southern Indiana Triathlon Team's web site could include technical, typographical, or photographic errors. Southern Indiana Triathlon Team does not warrant that any of the materials on its web site are accurate, complete, or current. Southern Indiana Triathlon Team may make changes to the materials contained on its web site at any time without notice. Southern Indiana Triathlon Team does not, however, make any commitment to update the materials.

6. Links

Southern Indiana Triathlon Team has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Southern Indiana Triathlon Team of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

Southern Indiana Triathlon Team may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Southern Indiana Triathlon Team's web site shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

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