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Terms of Service
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
In consideration of being permitted by Punch Buggy Productions, Inc. and/or Tri-Now endurance to participate in this triathlon event “Baylor Tom Landry Triathlon” (“Event”), including related programs, I understand and acknowledge that by checking the box below or signing below, that I am legally agreeing to the statements in the following Punch Buggy Productions, Inc. Event Registration, Release and Waiver of Liability, and Assumption of Risk and Indemnity Agreement. I hereby freely and voluntarily acknowledge and/or take action for myself, and on behalf of my spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf, as follows:
I HEREBY ACKNOWLEDGE AND ASSUME ALL OF THE RISKS OF PARTICIPATING IN THIS EVENT.
I certify that I am physically fit, have sufficiently trained and prepared for this Event and have not been advised otherwise by a qualified medical person or other healthcare provider. I have no physical or medical condition that would endanger myself or others if I participate in the Event, or would interfere with my ability to safely participate in the Event. I acknowledge that this athletic Event is an extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of athletes, lack of hydration, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, journalists, Event officials, Event monitors, and/or producers of the Event, Tri-Now endurance or Baylor Tom Landry Health & Wellness Center. The risks are not only inherent to athletics, but are also present for volunteers and support staff. I hereby assume all of the risks of participating and/or volunteering in this Event.
In consideration of my application and permitting me to participate in this Event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(I) Waive, Release and Discharge from any and all liability for my death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter accrue to me or my traveling to and from this Event, THE FOLLOWING ENTITIES OR PERSONS (collectively and individually referred to herein as Released Parties and/or a Released Party): Punch Buggy Productions, Inc.; Bike Punch Buggy Productions, Inc.; Run Punch Buggy Productions, Inc.; Tri Punch Buggy Productions, Inc.; and all Punch Buggy Productions, Inc. Board Members including, without limitation their respective directors, officers, employees, heirs, administrators, beneficiaries, spouses, legal representatives or personal representatives); Tri-Now endurance including, without limitation their respective directors, officers, employees, heirs, administrators, beneficiaries, spouses, legal representatives or personal representatives ; Event volunteers, coaches, representatives, and agents; the Event holders, Event sponsors, Event directors, Event producers, Event volunteers, and other Event participants; all state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations in which the Event or segments of the Event take place, and each of the respective parent, subsidiary and affiliated companies, licensees, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, and other representatives of a Released Party.
(II) Indemnify and Hold Harmless the Released Parties and entities or persons mentioned in this paragraph from any and all liabilities or claims made by other individuals or entities as a result of any of my actions during this Event;
(III) I further covenant and agree not to sue any of the Released Parties for any of the claims that I have waived, released, or discharged herein.
3. Medical treatment
I hereby authorize Punch Buggy Productions, Inc., Tri-Now endurance or any of its agents, employees, volunteers, affiliates and designees, any organizer or sponsor of the Event, or any Event volunteer, to consent to receive medical treatment which may be deemed advisable in the event of injury, accident and/or illness during this Event by a medical director or any of its agents, employees, volunteers, affiliates and designees, a physician and/or hospital. I understand that this authorization is given in advance of any specific diagnosis, treatment, or hospital care being required, and is given to provide authority and power to render care which the above-mentioned may deem advisable in the exercise of their best judgment. I agree to be responsible and assume liability for any and all costs incurred as a result of my participation in the Event, not covered by my insurance, including but not limited to, medical care and treatment, ambulance services, hospital stays, and physician and pharmaceutical goods and services. I agree to abide by any decision on any race or Event official as to my ability to safely complete the Event.
4. Event rules
I have read, understand, and agree to abide by the rules of the Event as published by USAT (including sub pages). I know that MP3 or similar music players are not allowed on this Event. I certify that my bike is properly maintained and equipped for the Event and that I will only use a bike that is within the Event rules.
I also understand that at this event or related activities, I may be photographed, filmed and/or videotaped. I agree to allow my name, photo, video or film likeness to be used for any legitimate purpose by Event holders, producers, sponsors, organizers and assigns.
I understand that Punch Buggy Productions, Inc. and/or Tri-Now endurance reserves the right, in its sole and complete discretion, to deny entry, revoke the entry application of any applicant at any time, and/or to disqualify any individual from the Event.
Applicant expressly waives any claim for damages arising from the denial or revocation of an entry application exceeding the amount of the entry fee.
I acknowledge and agree that Punch Buggy Productions, Inc. and/or Tri-Now endurance in its sole discretion, may delay, modify, or cancel the Event if it believes the conditions on the event day are unsafe. In the event the Event is delayed, modified, or cancelled for any reason, including but not limited to acts of God or the elements (including without limitation, wind, fog, rain, hail, hurricane, tornado, earthquake), acts of terrorism, fire, threatened or actual strike, labor difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, race course conditions, or any other cause beyond the control of Punch Buggy Productions, Inc. there shall be no refund of Punch Buggy Productions, Inc.’s entry fee or any other costs incurred in connection with the Event.
I acknowledge that this Accident Waiver and Release of Liability (AWRL) form will be used by the event holders, sponsors and organizers, in any event in which I participate and that it will govern my actions at said events. It is further understood and agreed that this waiver, release and assumption of risk is to be binding on my heirs and assigns. This AWRL shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I certify that I have read this document and I understand its content.
I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER, OR YOU REPRESENT AND WARRANT THAT YOU ARE THE PARENT OT LEGAL GUARDIAN OF THE SAID PARTICIPANT AND HAVE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT ON THEIR BEHALF.
I HAVE READ THIS AGREEMENT, I UNDERSTAND ITS CONTENT, AND INTENTIONALLY AND VOLUNTARILY SIGN THIS AGREEMENT.