Waiver of Liability
I, the undersigned, realize that participation in open water swimming, cycling, and running involves risks of injury and/or abnormal responses, including but not limited to soft tissue or muscle strains/sprains, heat stress, head and spine and related musculoskeletal trauma, abnormal blood pressure, fainting, chest discomfort, heart attack, drowning, or even death. I also recognize that there are many other risks of injury, including serious disabling injuries, that may arise due to participation in open water swimming, cycling, and running and that it is not possible to specifically list each and every individual injury risk. I further recognize that the open water swimming, cycling, and/or running will take place in areas beyond the possession and/or control of Boca Raton Triathletes, Inc., and that Boca Raton Triathletes, Inc., is unable to guarantee the safety of the areas where open water swimming, cycling, and/or running are to take place. However, knowing and appreciating the material risks and knowing and reasonably anticipating that other injuries and even death are a possibility, I hereby expressively assume all other delineated risks of injury, all other possible risk of injury, and even risk of death, which could occur by reason of my participation in open water swimming, cycling, and running.
I have had the opportunity to ask questions and have had the opportunity to have this Agreement reviewed by independent counsel. Any questions I asked have been answered to my satisfaction. I understand the risks of my participation in any activities sponsored by Boca Raton Triathletes, Inc., and knowing and appreciating these risks, I voluntarily choose to participate in those activities, and I expressly assume all risks of injury or even death due to my participation.
I, in appreciation of the aforementioned risks, will remove myself from participation in any event in which I observe any matter which I believe to be a significant hazard, and will immediately bring any matter I believe to be a significant hazard to the attention of the Boca Raton Triathletes, its officers, directors, staff, and/or personnel. I acknowledge Boca Raton Triathletes is a private club and membership can be denied or terminated at the sole judgement of the board or directors.
For and in consideration of the sum of $39.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby agree that Boca Raton Triathletes, Inc. (“BRT,” hereinafter) , and its directors, officers, employees, agents and/or members shall not be liable for any injuries or any damage to me, or be subject to any claim, demand, injury or damages, whatsoever, including without limitation, those damages from acts of passive or active negligence on the part of BRT, its directors, officers, employees, agents and/or members. I, on behalf of myself, my family members, heirs, friends, guests, invitees, agents and/or assignees do hereby knowingly and expressly forever release and discharge BRT, its directors, officers, employees, agents and/or members from all such claims, demands, injuries, damages, actions or causes of action arising from any passive or active negligence on the part of BRT, its directors, officers, employees, agents and/or members. I hereby acknowledge that I carefully read this document and fully understand that this is a waiver and release of liability.