Waiver and Liability I, the undersigned participant, intending to be legally bound, hereby certify that I am physically fit and have not been otherwise informed by a physician. I acknowledge that I am aware of all risks inherent in swimming, biking, running and triathlon training including possible permanent disability and death and agree to assume all risks. AS A CONDITION OF MY PARTICIPATION IN THE ONPOINT FITNESS TRIATHLON TRAINING OR ANY ACTIVITIES THERETO, I HEREBY WAIVE ANY AND ALL RIGHTS TO CLAIMS FOR LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO , ALL CLAIMS OF INJURY, LOSS, DAMAGES CAUSED BY THE NEGLIGENCE, ACTIVE OR PASSIVE, OF THE FOLLOWING: ONPOINT FITNESS, OFFICERS, AGENTS OR EMPLOYEES, HOST FACILITIES, OR ANY INDIVIDUALS SUPERVISING THE EVENT. PHOTO RELEASE FORM I grant permission to OnPoint Fitness (the Company) and its agents or employees, to use photographs taken of me for use in publications such as recruiting brochures, newsletters, and magazines, and to use the photographs on display boards, and to use such photographs in electronic versions of the same publications or on OnPoint Fitness web sites or other electronic forms or media, and to offer them for use or distribution in other non-Company publications, electronic or otherwise, without notifying me. I hereby waive any right to inspect or approve the finished photographs or printed or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of the photograph. I hereby agree to release, defend, and hold harmless OnPoint Fitness and its agents or employees, including any firm publishing and/or distributing the finished product in whole or in part, whether on paper or via electronic media, from and against any claims, damages or liability arising from or related to the use of the photographs, including but not limited to any misuse, distortion, blurring, alteration, optical illusion or use in composite form, either intentionally or otherwise, that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution. I am 18 years of age or older and I am competent to contract in my own name. I have read this release before signing below, and I fully understand the contents, meaning and impact of this release. I understand that I am free to address any specific questions regarding this release by submitting those questions in writing prior to signing, and I agree that my failure to do so will be interpreted as a free and knowledgeable acceptance of the terms of this release.
I understand the hazards of the novel coronavirus ("COVID-19") and I am familiar with the Centers for Disease Control and Prevention ("CDC"), World Health Organization ("WHO"), and my local government's guidelines regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC, WHO and local government guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates.
I understand the risks associated with COVID-19, which I readily acknowledge, and I hereby willingly choose to participate in the Triathlon Training Program with OnPoint Fitness.
In addition, the undersigned agrees to release, discharge, hold harmless and indemnify OnPoint Fitness, its officers, agents, employees, insurers, host facilities, any individuals supervising the program/clinic/workshop/lesson, and any others acting on OnPoint Fitness’ behalf (the Releasees) of and from any and all claims, demands, causes of action, and/or legal liabilities for injuries to or death of the undersigned occurring during, or resulting from, or participation in the above-mentioned triathlon program/clinic/workshop/lessons, and other activities related thereto, and are related in any way to COVID-19, even if the cause, damages or injuries are alleged to be the fault of or alleged to be caused by the negligence or carelessness of the Releasees.
Name: _________________________________ Signature: _______________________________ Date:_________________________
WAIVER: I, the undersigned participant (and my parent or guardian if I am younger than 18 years of age), intending to be legally bound, do hereby forever release and waive any and all rights, claims, and actions for damages that we, our heirs, executors, administrators, and assigns may have, or that may hereafter accrue against any and all persons, organizations, and other entities associated with the event, including, but not limited to Race Entry, On Point Fitness, USA Track and Field, sponsors, affiliates, volunteers, Triathlon Training Program, and individual Triathlon Training Program organizers, arising out of or in connection with my involvement before, during, or after the event.
I verify that I am physically fit and sufficiently trained to participate in this event and I assume the risks involved in this activity. I further attest that I will be mindful of traffic along the race course, and hold said sponsors and organizers blameless in any harm that may happen.
I also acknowledge understanding that the charge to my card will show up as Race Entry. I acknowledge that the online processing fees and charitable donations are non-refundable. I also acknowledge that any charitable donations will have 4.97% withheld from the donation to pay credit card and administrative costs.
Race Entry and its partner On Point Fitness shall not be liable to you for any direct, indirect, special, incidental, consequential or exemplary damages including, but not limited to, loss of profits, goodwill, use, data or other intangible loses. Race Entry and its partner On Point Fitness does not guarantee the completeness or accuracy of any information contained in, or provided in conjunction with the http://www.raceentry.com website. Race Entry and its partner On Point Fitness is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Race Entry and its partner On Point Fitness facilitates registration for various events, some of which allow participants under the age of thirteen (13). We require a submission of birth date for all registration entries. For children under the age of thirteen (13), parental or guardian consent is required.
You agree that the statutes and laws of the State of Utah, USA, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Race Entry and its partner On Point Fitness relating to this Agreement and Waiver resides in the courts of Utah, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Utah in conjunction with any such dispute including any claim involving Race Entry and its partner On Point Fitness.