Registration Waiver

I acknowledge that a triathlon, bisport/duathlon, kids fun run 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. I, or on behalf of my minor child, hereby assume the risks of participating in triathlon, bisport/duathlon, kids fun events. I certify that I, or my child, am physically fit and have sufficiently trained for participation in this event(s), and have not been advised against participation by a qualified health professional. I acknowledge that my statements on this waiver are being accepted by Two Bears Foundation, Inc. dba The Berkshire Triathlon (the “Berkshire Triathlon”) in consideration for allowing me to participate in its sprint triathlon, duathlon, and kids fun run event on Sunday, June 9, 2019 (the “Event”), and are being relied upon by Berkshire Triathlon and the various race sponsors, organizers, and administrators in permitting me to participate in the Event.

In consideration for allowing me, or my minor child, to participate in the Event, I waive, release, AND DISCHARGE from any and all claims, losses or liabilities for death, personal injury, partial or permanent disability, property damage, medical or hospital bills, theft, or damage of any kind, including economic losses, which may in the future arise out of or relate to my, or my child, participating in or my traveling to and from the Event, THE FOLLOWING PERSONS OR ENTITIES: CITY OF UPPER ARLINGTON, BERKSHIRE TRIATHLON BOARD MEMBERS, ORGANIZERS, SPONSORS, RACE DIRECTORS, EVENT PRODUCERS, VOLUNTEERS, ALL STATES, CITIES, COUNTIES, OR LOCALITIES IN WHICH EVENTS OR SEGMENTS OF EVENTS ARE HELD, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF ANY OF THE ABOVE, EVEN IF SUCH CLAIMS, OMISSIONS OR LIABILITIES ARE CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF THE PERSONS I AM HEREBY RELEASING OR ARE CAUSED BY THE NEGLIGENT ACTS OF OMISSIONS OF ANY OTHER PERSON OR ENTITY; and I ACKNOWLEDGE that there may be traffic or persons ON THE course route, and I ASSUME THE RISK OF RUNNING, BIKING, SWIMMING OR PARTICIPATING IN THE EVENT. I, or on behalf of my child, also ASSUME ANY AND ALL OTHER RISKS associated with participating in the Event including but not limited to falls, contact and/or effects with other participants, effects of weather including heat and/or humidity, defective equipment, the condition of the roads, water hazards, contact with other swimmers or boats, and any hazard that may be posed by spectators or volunteers. All such risks being known and appreciated by me, I further acknowledge that these risks include risks that may be the result of the negligence of the persons or entities mentioned above or of other persons entities. Further, I AGREE NOT TO SUE any of the persons or entities mentioned above for any of the claims, losses or liabilities that I have waived, released or discharged herein. I will INDEMNIFY AND HOLD HARMLESS the persons or entities mentioned above from any and all claims made or liabilities assessed against them as a result of (i) my actions or inactions or those of my child, (ii) the actions, inactions, or negligence of others including those parties hereby indemnified, (iii) the conditions of the facilities, equipment or areas where the event or activity is being conducted, or (iv) any other harm caused by an occurrence related to the Event and I GRANT PERMISSION for the use of my name and/or likeness relating to my participation in the Event and I WAIVE all rights to any future compensation to which I may otherwise be entitled as a result of the use of my name or likeness. I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER, I HAVE READ THE DOCUMENT AND I UNDERSTAND ITS CONTENTS.

In the event that inclement weather conditions should require cancellation of the race before it is to start or early termination after it has started because of safety concerns, I understand that the race WILL NOT be rescheduled. I also understand and agree that my entry fee WILL NOT be refunded. Registration may not be transferred to another participant for any reason.

By proceeding with this event registration, you agree that the terms of this Registration Agreement shall apply equally to you and to any third parties for whom you are acting as agent. You represent and warrant that, in compliance with Compliance with Children’s Online Privacy Protection Act (COPPA), you are over eighteen (18) years of age, and that if you are registering a child under eighteen (18) years of age you are the parent of such child, and do hereby consent to the collection of such child’s personal information.