Tri for Hero's

Saturday, September 28, 2019 9:00 AM (GMT-5)

Event info
Sport: Triathlon
Location: Wareham, MA, United States
Registrations: 21
Registration closes: Friday, September 27, 2019 12:00 PM (GMT-5)
Organized by: Chris Marden
Event website: www.triforheros.org
Event notes
Registration will increase every other month starting on March 1st by $10
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Please review the waiver provided by the event organizer and click the check box below to accept it. Print waiver
Tri for Heros Waiver
TRI FOR HEROS WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, COVENANT NOT TO SUE AND IMAGE RELEASE AND CONSENT
PLEASE READ THIS DOCUMENT (“AGREEMENT & WAIVER”) CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR WARRIOR DASH ("EVENT"), YOU (ON BEHALF OF YOURSELF OR YOUR MINOR CHILD/WARD AND ANY PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS AND NEXT OF KIN) ACKNOWLEDGE, AGREE AND REPRESENT THAT YOU HAVE CAREFULLY READ AND FULLY UNDERSTOOD THE WAIVER AND AGREED TO ITS TERMS. YOU AGREE THAT IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT & WAIVER, YOU SHOULD NOT PARTICIPATE IN THE EVENT. YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY AND CAPACITY TO COMPLETE THE REGISTRATION FOR THE EVENT, INCLUDING THIS AGREEMENT & WAIVER, ON BEHALF OF YOURSELF AND/OR, WHERE APPLICABLE, ANY OTHER PERSON FOR WHOM YOU ARE REGISTERING, INCLUDING AUTHORITY TO MAKE USE OF THE CREDIT OR DEBIT CARD TO WHICH REGISTRATION AND OTHER FEES WILL BE CHARGED.
This Agreement & Waiver must be carefully read and signed in consideration of being permitted to enter (for any purpose) the Event and associated property (“Premises”). As used herein, the term “Releasees” is defined to include the following: (i) Tri for Heros, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, representatives, successors and assigns; (ii) the Premises owner; (iii) any Event staff or volunteers; and (iv) any Event sponsors.
1. I understand that the Event is a test of my physical and mental limits and an inherently dangerous activity that presents extreme conditions, including, but not limited to, water, sand, pavement, movements under load, water crossings, swimming, steep hills and/or uneven terrain. I understand, agree and accept that some of the Event course may go through water that has not been treated for chemicals, disease or contamination and that the Event course may contain wild animals, insects and plants.
2. I expressly acknowledge and agree that the activities of the Event involve the risk of serious injury and/or death and/or property damage.
3. I am fully aware of the risks and hazards inherent in participating in the Event and I voluntarily, knowingly and freely assume, and accept full responsibility for, all risks associated with participating in the Event and entering the Premises, including, but not limited to, my own actions or inactions (or the actions or inactions of my minor child/ward), the actions or inactions of others (including the Releasees or Event attendees), falls, injuries, illnesses, infections, contact with others (including the Releasees or Event attendees), navigating any and all events, Premises defects and the effects of weather, including, but not limited to, heat and/or humidity.
4. I understand and agree that it is my responsibility to determine whether I am (or my minor child/ward is) in good physical condition, sufficiently fit, healthy and can safely participate in the Event. I certify that I do not (or my child/ward does not) have any physical or mental condition that may affect my (or my child's/ward's) ability to safely participate in the Event or would make my (or my child's/ward's) participation more hazardous. If I am pregnant, disabled in any way or have recently suffered an illness or injury, I should have or did consult a physician before participating in the Event. I agree that if I am not in proper physical or mental condition on the day of the Event or if I have any questions about my ability to safely participate in the Event, that I will not participate in the Event.
5. I acknowledge and agree that the risks associated with the Event are open and obvious and that I have been informed and warned of those risks. In addition, I will not attempt any event unless I believe it is safe to do so. I agree and understand that attempting or completing any event is purely voluntary and I am free to terminate my portion of the race at anytime. If I am participating in a competitive wave for prizes, I understand that avoiding an event will render me ineligible for a prize.
6. I agree and understand that in order to safely participate in the Event, I must know how to swim and be a competent swimmer.
7. I consent to first aid, medical care and/or transportation in order to obtain treatment in the event of injury to me as the Releasees or medical professionals may deem appropriate and understand that this Agreement & Waiver extends to any liability connected with such medical treatment or transportation. I understand that it is my responsibility to obtain any insurance necessary to cover injuries or medical costs I may incur at the Event and I certify that on the day of the Event I will be covered by such insurance. I agree to assume liability for any medical costs incurred as a result of my participation in the Event and agree to indemnify and hold harmless the Releasees from all liability for such costs. I authorize the disclosure of medical information concerning my health, injuries, incapacity, medical emergency or treatment that may occur at the Event and to allow that information to be provided to a family member, friend, medical professional or Event official.
8. I agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by Tri for Heros staff, volunteers, representatives or agents and to abide by decisions of any Event official relative to my ability to safely participate in or attend the Event. I understand and agree that I am expected to exhibit appropriate behavior at all times while at the Event or on the Premises and to obey all local, state and federal civil and criminal laws. This includes, generally, respect for other people, equipment, facilities or property. Tri for Heros staff or agents may dismiss me, without refund, should my behavior endanger the safety of or negatively affect the Event, Premises or any person, facility or property.
9. I agree not to consume alcohol or use any medicine or substance prior to or during the Event that will inhibit my mental or physical ability to safely participate in the Event.
10. I understand and agree that the Releasees are not responsible for any personal item or property that is lost, damaged or stolen at the Event or on the Premises. I understand and agree that pets, strollers or other wheeled means of conveyance are not permitted on the Event course. I understand and agree that I may not bring weapons, fireworks or illegal substances to the Event or the Premises or sell unauthorized merchandise at the Event or on the Premises. Failure to abide by these or other rules published by Tri for Heros or Massachusetts DCR may result in my dismissal from the Event without refund.
11. I grant permission to the Releasees to photograph, videotape and record me (or my child/ward) at the Event and to telecast, sell, distribute or otherwise use my (or my child's/ward's) name, image, likeness or voice in advertising, marketing or whatever manner the Releasees deem appropriate and I understand and agree that I (or my child/ward) will not be entitled to any compensation in connection therewith. I assign to Tri for Heros all rights, title, and interest in any photographs, videos or other records that I take at the Event; Tri for Heros grants to me a limited, non-exclusive right and license to use such records for non-commercial purposes only.
12. I understand and agree that all entry fees and related purchases are final and non-refundable.
13. I understand and agree that Tri for Heros reserves the right to cancel the Event due to weather (including, but not limited to, heat, storms, lightning, floods or tornadoes), accidents, acts of war or terrorism, military conflicts or riots or for any reason that will affect the safety and security of Event participants and attendees. In the event of such cancellation, there will be no refund of my entry fee or related purchases.
14. I recognize and acknowledge that there are hazards and risks of physical injury or illness to Event participants and that not all such hazards or risks can be fully eliminated. I freely and voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity, that I (or my child/ward) may sustain as a result of my (or my child's/ward's) participation in the Event, whether or not caused by the active or passive negligence of the Releasees.
15. I agree to indemnify and hold harmless the Releasees from and against all suits, actions, legal proceedings, claims, demands, damages, judgments, liabilities, interest, attorneys' fees, costs and expenses of whatever kind or nature (collectively, "Claims") directly or indirectly caused by any act or omission of the Releasees or others (including Event attendees) while I am (or my child/ward is) at the Event or on the Premises, regardless of whether or not I am (or my child/ward is) participating in the Event at the time and regardless of whether or not caused by or alleged or claimed to be caused by the active or passive negligence of the Releasees.
16. I release, waive, discharge and covenant not to sue the Releasees from all liability to me, my personal representatives, assigns, heirs and next of kin, for any Claims, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with my (or my minor/ward’s) participation in the Event or while on the Premises, whether or not caused by the active or passive negligence of the Releasees.
17. I understand, acknowledge and agree that the laws of the Commonwealth of Massachusetts shall apply to all matters relating to this Agreement & Waiver regardless of the Event location, that the exclusive jurisdiction for any dispute with the Releasees resides in state or federal court in Plymouth County, Massachusetts (where the event is located) and I expressly consent to the exercise of personal jurisdiction in the Commonwealth of Massachusetts in connection with any dispute with the Releasees relating to the Event and/or this Agreement & Waiver.
18. I expressly agree that this Agreement & Waiver constitutes the entire agreement between the parties relating to the subject matter hereof, is a contract that shall be binding to the fullest extent permitted by law and is intended to be as broad and inclusive as permitted by the law of the Commonwealth of Massachusetts. If any part of this Agreement & Waiver is deemed to be unenforceable, the balance shall continue in full legal force and effect.
I UNDERSTAND THAT THE EVENT IS AN EXTREME TEST OF MY PHYSICAL AND MENTAL LIMITS, THAT THERE ARE INHERENT RISKS INVOLVED IN PARTICIPATING IN THE EVENT AND THAT ENGAGING IN THOSE RISKS IS ONE OF THE PRIMARY REASONS I HAVE VOLUNTARILY DECIDED TO PARTICIPATE IN THE EVENT. I HAVE READ THIS AGREEMENT & WAIVER AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS BY ACCEPTING THESE TERMS AND PROCEEDING WITH REGISTRATION FOR THE EVENT BELOW, INCLUDING THE RIGHT TO SUE THE RELEASEES. I ACKNOWLEDGE THAT I AM ENTERING INTO THIS AGREEMENT FREELY AND VOLUNTARILY AND INTEND MY ACCEPTANCE TO BE A WAIVER AND COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY DUE TO THE NEGLIGENCE OF RELEASEES OR THE INHERENT RISKS OF PARTICIPATING IN THE EVENT.
FOR PARENTS OR GUARDIANS OF MINOR CHILDREN:
I represent and warrant that I am the legal parent or guardian of the Event registrant/participant ("Minor"), have the legal authority to enter into this Agreement & Waiver and approve of the Minor's participation in the Event. I certify that both the Minor and I are aware of the nature and risks of the Event, that I have reviewed, understood and agreed to the terms herein (such terms being interpreted as if they applied both to me and the Minor) and that the Minor is in good physical condition and qualified to participate in the Event. I release, waive, discharge and covenant not to sue the Releasees for any Claims on the Minor's account and further agree that if, despite this Agreement & Waiver, I, the Minor or anyone else on the Minor's behalf makes a claim against the Releasees, I will indemnify and hold harmless the Releasees from such Claims.
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