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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.
For and in consideration of the sum of $10.00 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.
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