READ THIS AGREEMENT CAREFULLY.
This agreement includes a release of liability and waiver of legal rights.
WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
IN CONSIDERATION of allowing me to participate in Challenge Lisboa (the ‘Event’ or ‘Events’) 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 (the ‘Agreement’);
- I hereby represent that (i) I am in good health and in proper physical condition to participate in the Event; and (ii) I am not under the influence any substance including prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event.
The following symptoms or conditions may pose a significant risk to those who participate in the Event: high blood pressure, obesity, heart problems, diabetes, a family history of heart disease, chest pains, extremely high cholesterol levels, major surgery, acute illness, or a history of smoking. I understand that I should consult my physician to determine if I have any undiagnosed illness that would preclude me from exercising, if I have a lifestyle or family history that is known to predispose me to sudden cardiac episodes or other exercise-related medical problems, and to advise if I am healthy enough to participate in the Event.
- I understand and acknowledge the physical and mental rigors associated with triathlon or participation on a relay 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, permanent disability, paralysis and death; loss or damage to property; exposure to extreme conditions and circumstances; accidents, illness, 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 Event Organizers; and other undefined harm or damage which may not be readily foreseeable, and other presently unknown risks and dangers (‘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 the Event, or the acts, inaction or negligence of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in the Event.
- I agree to be familiar with and abide by the Rules and Regulations established for the Event, including but not limited to the Competition Rules and the guidelines regarding prohibited substances and prohibited methods of doping adopted by the World Anti-Doping Agency and its member agencies. I also accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment.
- I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: ……….Triathlon Association, Challenge Family GmbH, the Event Organizers and Promoters, Race Directors, Sponsors, Advertisers, Host Cities, Local Organizing Committees, Venues and Property Owners upon which the Event takes place, Law Enforcement Agencies and other Public Entities providing support for the 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’ or ‘Event Organizers’), 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 my participation in the Event, 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.
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. 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.
Unless specifically stated in official race written communications Challenge Lisboa race entries are non-transferable. Selling of your race entry slot is strictly prohibited. If you do sell your race slot, you will be disqualified from the race and you, as well as the entrant who purchased your slot will be disqualified from the Challenge Lisboa for a minimum of 2 years.
Consent for Imagery Use
I hereby consent to the placement of my race images online at the official photographer’s website for the purposes of viewing and purchasing. I also give Challenge Lisboa permission to use my image for promotional and other purposes related to the Event.
I authorize the use of my name, voice and picture and any information provided by me on this entry form to be used without payment in any broadcast, telecast, communication, promotion, or advertising, and I also agree that the information I have provided may be used by the Event Organizers and Challenge Family for the purpose of promoting future or other events or for the promotion of the Event charity(ies), race sponsors products and services.
MEDICAL & COMPETITION
I will wear the Event number and transponder as directed by the Event officials. I agree to return the transponder after the event or be charged 50€ for its non-return.
Should the Event be cancelled or stopped for any reason, or personal circumstances arise that prevent me from participating in (or completing the Event), I accept that my entry fee is non-refundable.
I acknowledge that the Event Organizers reserve the right in their absolute discretion to alter the advertised course or start time.
I consent to receive any medical treatment that may be deemed necessary in the event of injury, accident or illness during the Event, and I allow that information to be passed on to the Event Organizers or third parties (as deemed necessary by the Event Organizers.
I acknowledge that the Event Organizers have the absolute discretion in the award of any prizes, prize money or third party prize or award and I will abide fully and without dispute with all such decisions of the Event Organizers.
A Force Majeure event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restriction of any government.
Our performance under Contract is deemed to be suspended for the period that the Force Majeure event continues and we will have an extension of time for performance for the duration of that period.
We will use our reasonable endeavors to bring the Force Majeure Event to an end or find a solution by which our obligations under the contract may be performed despite the Force Majeure event.
In alternative to delay the event to a future date due to one of the circumstances mentioned above, if possible, and to minimize the impact on the athletes the organization may change the triathlon to a duathlon in that year.
Further more, the organization reserves itself the right to change the format of the event under a Force Majeure event in order to attempt to create the necessary conditions for the event to take place. Such changes in format may include but are not limited to changing the event to a duathlon or aquathlon competition in distances to be announced at the most convenient time.