All Competitors will be asked to sign the agreement below at registration before competing in an XMan event.
Xman Events Ltd RELEASE AND WAIVER OF LIABILITY ASSUMPTION OF RISK AND INDEMNITY AGREEMENT FOR PARTICIPATION
READ THIS DOCUMENT CAREFULLY BEFORE SIGNING, THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS, AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS. YOU MAY WISH TO TAKE INDEPENDENT LEGAL ADVICE.
I understand and acknowledge that by signing below I am legally agreeing to the statements in the following Xman Events Ltd Event Registration, Release and Waiver of Liability, and Assumption of Risk and Indemnity Agreement and that these statements are being accepted and relied upon by the Released Parties, as defined below. I hereby freely and voluntarily acknowledge and/or take action for myself, and on behalf of my spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf, as follows:
1. I HEREBY ACKNOWLEDGE AND ASSUME ALL OF THE RISKS OF PARTICIPATING IN THIS EVENT.
I acknowledge running, bicycling, swimming, and/or other portions of this Event are inherently dangerous and are extreme tests of my physical and mental limits that carry with them the potential for serious bodily injury, permanent disability, paralysis and death, and property damage or loss. I acknowledge and agree that it is my responsibility to determine whether I am sufficiently fit and healthy enough to safely participate in the Event, to take out and maintain suitable insurance cover against any injury I might sustain due to my participation and I attest and certify that I am or will be sufficiently fit and physically trained to participate in the Event, which I elect to enter. I certify that I have not been advised against participation in the Event by any healthcare provider. I have no physical or mental condition that would endanger myself or others if I participate in the Event, or would interfere with my ability to safely participate in the Event. I accept responsibility for the condition and adequacy of my competition equipment and my conduct in connection with the Event. I understand and acknowledge that there may be vehicle or pedestrian traffic on the course route, and I assume the risk of running, biking, swimming and/or other portions of this Event and participating under these circumstances. I also assume any and all other risk associated with participating in this Event, including but not limited to the following: falls, dangers of collisions with vehicles, pedestrians, other participants, and fixed objects; the dangers arising from surface hazards, equipment failure, inadequate safety equipment; and hazard that may be posed by spectators or volunteers; and weather conditions. I further acknowledge that these risks include risks that may be the result of negligent acts, omissions, and/or carelessness of the Released Parties, as defined herein. I understand that I will be participating in the Event at my own risk, that I am responsible for the risk of participation in the Event.
2. I understand and acknowledge the dangers associated with the consumption of alcohol and/or drugs before, during and after the Event and I recognise that consumption of alcohol and/or drugs might impair my judgement and motor skills. I assume responsibility for any injury, loss or damage associated with my consumption of alcohol and/or drugs.
3. I WAIVE, RELEASE, AND FOREVER DISCHARGE Xman Events Ltd.
North Devon District Council, Lynton and Lynmouth Town Council, Devon County Council, Devon Highways, Devon Constabulary, event sponsors, event organisers, event promoters, race directors, event officials, event staff, advertisers, property owners, volunteers, administrators, contractors, vendors, volunteers, all other persons or entities involved with the Event, and all local and borough councils, authorities, county councils and other Government bodies, and/or agencies whose property and/or personnel are used and/or in any way assist in locations in which the Event or segments of the Event take place, and each of their respective parent, subsidiary and affiliated companies, licensees, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, and other participants and representatives (individually and collectively, the “Released Parties”), from any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), and causes of actions, of any kind or any nature, which I have or may have in the future, including court costs, legal fees and litigation expenses (individually and collectively, the “Claims”) that may arise out of, result from, or relate to my participation in the Event or my travelling to or from the Event, including my death, personal injury, partial or permanent disability, negligence, property damage and damages or any kind, property theft, and Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions (at the Event site or elsewhere) and any Claims for medical or hospital expenses, even if such Claims are caused by the negligent acts, omissions, or the carelessness of the Released Parties, save where death or personal injury is caused by the negligence of the Released Parties.
4. I FURTHER COVENANT AND AGREE NOT TO SUE any of the Released Parties for any of the Claims that I have waived, released, or discharged herein. I AGREE TO INDEMNIFY, DEFEND, and HOLD HARMLESS the Released Parties from any and all expenses incurred, Claims made by me or other individuals or entities, for liabilities assessed against the Released Parties, including but not limited to court costs, legal fees and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, my breach or failure to abide by any part of this Agreement, my breach or failure to abide by any of the race sanctioning body’s competitive rules, and information in the Athlete Information Guide, and/or my actions or inactions which cause injury or damage to any other person.
5. I agree to read and abide by the competitive rules adopted by the race sanctioning body, including any drug or doping control rules, Triathlon England Competition Rules, including ,and information in the athlete information guide, as they may be amended from time to time, and all traffic laws. I agree that prior to participating in the Event I will inspect the race course, facilities, equipment, and areas to be used, and if I believe or become aware that any are unsafe, I will immediately advise the Race Director.
6. I hereby consent to receive medical care and treatment that may be deemed advisable in the event of injury, accident or illness to me while participating in the Event by a medical director or any of its agents, employees, volunteers, affiliates and designees, a physician and/or hospital. If necessary, I authorise Event Producer or any of its agents, employees, affiliates and designees, any organiser or sponsor of the Event, or any Event volunteer, to consent to such medical care and treatment. I understand that this authorisation is given in advance of any specific diagnosis, treatment or hospital care being required and is given to provide authority and power to render care which the above-mentioned may deem advisable in the exercise of their best judgement. I agree to be responsible and assume liability for any and all costs incurred as a result of my participation in the Event, not covered by my insurance, including but not limited to, medical care and treatment, ambulance services, hospital stays, and physician and pharmaceutical goods and services. I agree to indemnify and hold harmless the Released Parties from all liability for such costs.
7. I authorise and voluntarily consent to the release and disclosure of my protected health information, health services provided to me, and/or any health related information about me by a physician, emergency personnel, medical team member or any Event Producer employee for the purposes of diagnosing or providing treatment to me, for payment purposes, co-ordination or care and for health care operations including necessary administrative and business functions related to my protected health information, including but not limited to, the release of my protected health information to Event Producer, insurance carriers, medical insurance co-ordinators, other health care providers, parents/guardians, and/or hospitals. I understand there is no expiration for this health information disclosure authorisation; I have the right to revoke this authorisation, unless action has been taken in reliance on this authorisation, and that treatment will not be conditioned upon this authorisation.
8. I hereby grant to Xman Events Ltd the right, permission, and authority to use my name, image, voice, and/or likeness, without compensation, captured during the Event by Xman Events Ltd, its affiliated entities or contractors, and/or the media in any photographs, videotapes, CD’s, DVD’s, broadcast, telecast, podcast, webcast, recordings, motion pictures, commercial advertisement, promotion materials, and/or any other record of this Event for any purpose whatsoever.
9. I acknowledge and agree that Xman Events Ltd, in its sole discretion, may delay, modify, or cancel the Event if it believes the conditions on the race day are unsafe. If the Event is delayed, modified, or cancelled for any reason, including but not limited to acts of God or the elements (including without limitation, wind, rough water, rain, hail, hurricane, tornado, earthquake), acts of terrorism, fire, threatened or actual strike, labour difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, race course conditions, or any other cause beyond the control of Xman Events Ltd, there shall be no refund of Xman Events Ltd’s entry fee or any other costs incurred in connection with the Event.
10. I understand that I must meet the cut-off times specified on each leg of the course. Should I not meet the specified cut off times then I fully understand that I will be considered withdrawn from the race, my timing chip will be removed by race officials, and I will not be allowed to continue around the course. I understand that I will be listed as “did not finish” – “DNF”.
11. I acknowledge that my Entry Fee and place in the Event are NON TRANSFERABLE from person to person, race to race, year to year without explicit agreement in writing by Xman Events Ltd. Furthermore, I shall not assign or subcontract my rights or obligations under this Agreement.
12. Xman Events Ltd will loan me a timing chip for the duration of the race, and I acknowledge that by picking up this chip I am agreeing that I will return my chip to the race organisers or I will be charged £50.00 for its replacement. I acknowledge that if I do not start the race, I am still responsible for returning the chip to the race organisers. Chips must be returned to an Official Xman Events Ltd member of Staff or alternatively they can be returned by post, Recorded Delivery only, within 14 days of the Race.
13. I understand that Xman Event Ltd reserve the rights to limit and adjust the details of any prizes advertised and are not responsible for any cancellation or consequence arising from my acceptance of any prize won in association with this event.
14. I acknowledge that if I withdraw up to 2 months before Xman Events Ltd will hold the entry fee as credit on account for expediture against a future Xman Event, subject to availability.
15. I understand that Xman Events Ltd reserves the right, in its sole and complete discretion, to deny entry, revoke the entry application of any applicant at any time, and/or to disqualify any individual from the Event. Applicant expressly waives any claim for damages arising from the denial or revocation of any entry application exceeding the amount of the entry fee.
16. A legal guardian who signs this Agreement on behalf of an incapacitated and/or mentally challenged person (hereinafter “Said Person”) hereby acknowledges that he or she has the legal capacity and authority to act on behalf of Said Person and to legally bind Said Person to the Agreement. The legal guardian who signs this Agreement agrees to indemnify and hold harmless the Released Parties for any expenses incurred, Claims made, or liabilities assessed against them, as a result of any insufficiency of legal capacity or authority to act on behalf of Said Person in the execution of this Agreement.
17. This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the law of England and Wales. If any provision of this Agreement shall be deemed unlawful, void, or for any reason, unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire understanding in relation to its subject matter. All other terms, whether express or implied, written or oral, are hereby excluded to the fullest extent permitted by law.
18. Any dispute or claim arising out of, relating to or in connection with this Agreement or my participation in this Event, shall be referred to arbitration in accordance with the Arbitration Act 1996. An arbitrator acceptable to both Parties knowledgeable in the field and commercial matters shall conduct the arbitration. The venue of any such arbitration shall be London, England.
I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE (OR WILL BE ON THE DATE OF THE EVENT) OR OLDER, I HAVE READ THIS AGREEMENT, I UNDERSTAND ITS CONTENT, AND INTENTIONALLY AND VOLUNTARILY SIGN THIS AGREEMENT.
If you do not accept these conditions PLEASE DO NOT ENTER THE RACE!
Continuing onto the entry page is deemed acceptance of these conditions.
I agree to abide by the regulations governed by the Triathlon England ( link )
I understand and agree that I participate in the event entirely at my own risk and that no responsibility whatsoever shall attach to any event sponsors, race directors or any persons involved in the organisation of the event for any injury, accidents, loss or damages suffered by me in, or by Event declaration.
I accept that I must sign also this at registration but by entering this event I am accepting all the conditions detailed above.
I AM PHYSICALLY CAPABLE OF COMPETING IN THIS EVENT AND DO SO ENTIRELY AT MY OWN RISK.
NOTE: All athletes MUST obey the Highway Code and have a roadworthy bike, MUST wear a cycle helmet and provide details of any medical condition and next of kin contact number on back of race number. I HAVE READ AND UNDERSTAND THE DECLARATION AND AGREE TO ABIDE BY IT AND THE EVENT RULES AND REGULATIONS I understand that photography will be used at this event and give my consent to photo’s being taken and posted on the triathlon and photography websites and other publications after the event.
SIGNED …………………………………………………………………………………………………………………………………. DATE …………