Assumption of Risk, Waiver of Liability, and Indemnification Agreement

Swim Bike Run Fun Club & Events is a non-profit organization that provides clinics, skills camps, and other athletic educational activities and is a non-profit organization that sponsors running, swimming, and bicycling events for interested members of the general public (hereafter organization will be referred to as SBR Fun Events in this agreement). Activities and events focus on the traditional triathlon events of running, swimming, and bicycling – some including all three activities, some two, and some, only one.

 While there are many benefits to SBR FUN EVENTS activities and events, it is very important that the PARTICIPANT/PARENT (which refers to either an ADULT Participant, OR a MINOR Participant and his/her PARENTS/GUARDIANS) understands that all physical activities include some inherent risks of injury; these inherent risks cannot be eliminated regardless of the care taken to avoid injuries. Some examples of these inherent activity risks in running events include, but are not limited to, overexertion, heat related illness, slip & falls; trips on objects; collisions with other competitors, falls on pavement, and vehicle traffic on streets. Inherent risks in swimming events include, but are not limited to, overexertion, being caught in a current, getting cramps, being in deeper water than expected, being in murky water, turbulence, becoming chilled, encountering animals, and drowning. Inherent risks of bicycling events include, but are not limited to, heat related illness, falls, collisions with competitors or with moving or parked vehicles, being struck by a competitor’s bicycle or a motor vehicle, and bicycle malfunction. Other inherent risks include those related to nature including, but are not limited to, inclement weather (e.g. rain, snow, winds, lightning, sudden thunderstorm, extreme heat or cold); encountering insects or wild animals; variation in types of terrain; and risk of disease, including communicable diseases such as COVID-19, influenza, and other viral or bacterial infections. Risks related to participant and co-participants include, but are not limited to, erratic, careless, or negligent actions of co-participants or participant; errors of judgment or lack of attention of participant or co-participant. Risks related to SBR FUN EVENTS personnel include, temporary distraction or inattention in monitoring the event, failure to anticipate a potential problem or correctable hazard, and other errors in judgment. 

SBR FUN EVENTS feels it is important that the PARTICIPANT/PARENT understands that three kinds of injuries can occur: 1) common minor bodily injuries such as scratches, bruises, minor cuts, muscle pulls, muscle soreness, and sprains; 2) occasional major bodily injuries, including, but not limited to, shoulder pain, runner’s knee, swimmer’s knee, ankle, knee, and other joint injuries (e.g., tendon, ligament); broken bones; concussions, tendonitis, stress fractures); and 3) rare catastrophic bodily injuries including, but not limited to, injuries resulting in permanent disability, paralysis, heart attacks, and death. 

ASSUMPTION OF INHERENT RISKS: I have read the above warning regarding the nature of SBR FUN EVENTS activities and some of their associated risks. I affirm that 1) I understand the demands of the activities relative to my physical condition and skill level, 2) I understand the types of injuries that may occur as a result of SBR FUN EVENTS activities and 3) I understand their potential impact on my well-being, lifestyle, and potential future careers.  I hereby assert that my participation is voluntary and that I knowingly assume all inherent risks, both known and unknown. 

**********

WAIVER OF LIABILITY FOR NEGLIGENCE: In consideration of permission for myself and/or MINOR PARTICIPANT to participate in SBR FUN EVENTS activities and services today and on all future dates, I, the PARTICIPANT/PARENT, on behalf of myself, my spouse, my heirs, personal representatives, assigns, or others making a claim on behalf of myself or my MINOR PARTICIPANT [hereafter referred to as Releasing Parties] do hereby release, waive, discharge, and covenant not to sue SBR FUN EVENTS, its owners, directors, officers, employees, members, volunteers, independent contractors, owners of parks or other sites used for activities or events, equipment providers, and agents, [hereafter referred to as Protected Parties] from liability from any and all claims arising from 1) the NEGLIGENCE of SBR FUN EVENTS or other protected parties  and/or arising from 2) the presence of myself and/or MINOR PARTICIPANT on the premises used by SBR FUN EVENTS for activities or events. 

 This Assumption of Risk, Waiver of Liability, and Indemnification Agreement applies to, but is not limited to, any/all of the following:

Communicable illnesses (including COVID-19, influenza, and other viral or bacterial infections; personal injury (including death), and/or economic loss to the PARTICIPANT/PARENT arising from participation in SBR FUN EVENTS activities or events (including, but not limited to, clinics, camps, programs, events and while at the site of such activities). 
Any and all claims resulting from the damage to, loss of, or theft of property.
The release of SBR FUN EVENTS from any claims and rights that I and/or MINOR PARTICIPANT 1) now have against SBR FUN EVENTS and/or 2) may have in the future against SBR FUN EVENTS. 
**********

INDEMNIFICATION AGREEMENT:  I, the PARTICIPANT/PARENT, agree to hold harmless, defend, and indemnify SBR FUN EVENTS and Protected Parties (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees and related expenses) 

From any and all claims of the Releasing Parties arising from an injury or loss by PARTICIPANT/PARENT due to participation or presence at SBR FUN EVENTS activities (including claims arising from the inherent risks of SBR FUN EVENTS activities or from the NEGLIGENCE of SBR FUN EVENTS or Protected Parties, 
I further agree to hold harmless, defend, and indemnify SBR FUN EVENTS and Protected Parties against any and all claims of co-participants, rescuers, and others arising from the conduct of the PARTICIPANT/PARENT while participating or present on the premises utilized for SBR FUN EVENTS activities.

Clarifying Clauses: 

I also understand that if, in spite of this agreement, legal action is brought, either the appropriate trial court in Los Angeles County, California or The United States District Court for the Central District of California in Los Angeles has the sole and exclusive jurisdiction and that only the substantive laws of the State of California shall apply. 
I, the PARTICIPANT/PARENT, understand that this is the sole agreement between myself and SBR FUN EVENTS and that it cannot be modified or changed in any way by representations or statements by any agent or employee of SBR FUN EVENTS.  
I further expressly agree that the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. 

Agreements, Acknowledgements, and Assertions:  

Rules and Actions for Participant Safety (Parent certifies for his/her minor child)

Health   I, the PARTICIPANT/PARENT, …

Acknowledge that SBR FUN EVENTS activities can be strenuous and include the risk of serious injury.
Acknowledge that SBR FUN EVENTS urges participants to get medical clearance prior to participation.  
Affirm that participant has no health problems that would make participation in SBR FUN EVENTS activities unwise.  
Authorize SBR FUN EVENTS to secure emergency medical care, transportation (i.e., EMS), administer CPR/AED when deemed necessary by SBR FUN EVENTS; and I agree to assume all costs of emergency medical care and emergency transportation.
Acknowledge that it is the participant’s duty to inform staff and cease exercise immediately in the event of unusual discomfort (e.g., faintness, shortness of breath, dizziness, high anxiety, chest pains).
Safety     I, the PARTICIPANT/PARENT,…

Know the participant is responsible for his/her own safety and must decide if any activity seems to be unsafe or too risky.
Affirm participant has a duty to immediately report 1) any unsafe action by a co-participant or 2) any dangerous condition.
Injury     I, the PARTICIPANT/PARENT,…

Affirm that participant agrees to report all injuries, minor or serious ones, to SBR FUN EVENTS before leaving the facility.
Conduct    I, the PARTICIPANT/PARENT,…

Agree to abide by all policies, rules, and regulations of SBR FUN EVENTS. 
Understand SBR FUN EVENTS may terminate my participation in the activity or event if my actions could be harmful to myself or others. 
Photo/Video Release     I, the PARTICIPANT/PARENT,…

Authorize the use of photos or videos of participant in print or electronic marketing, advertising, web, & social media. 

ACKNOWLEDGEMENT OF UNDERSTANDING: I, the PARTICIPANT/PARENT, have read this Assumption of Risk, Waiver of Liability, and Indemnification Agreement and fully understand its terms. I understand that I am giving up substantial rights that might belong to me and/or the MINOR PARTICIPANT including:

 1) My right as an ADULT PARTICIPANT to recover damages for any loss I may suffer resulting from my injury or death resulting from participation at SBR FUN EVENTS; 

 2) My right as a parent to recover damages for any loss I may suffer resulting from injury to or death of myself or my MINOR  PARTICIPANT resulting from participation at SBR FUN EVENTS; and 

 3) The right of the MINOR PARTICIPANT to recover damages for any loss he/she might suffer from injury or death resulting from participation at SBR FUN EVENTS .

I further acknowledge that I am signing this agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of SBR FUN EVENTS and the other Protected Parties from all liability to myself, and/or the MINOR PARTICIPANT due to 1) negligence by SBR FUN EVENTS and the other Protected Parties or to 2) the inherent risks of SBR FUN EVENTS activities, to the greatest extent allowed by law in the State of California.

Further, I, the RESPONSIBLE ADULT, assert that 1) I have explained the inherent risks to the MINOR PARTICIPANT; 2) he or she understands this Agreement; and 3) the parent and minor participant knowingly accept and assume the inherent risks of SBR FUN EVENTS activities.

ADULT PARTICIPANT

___________________________________       _______________

Name                                                                    Date

IF PARTICIPANT IS A MINOR, PARENT/GUARDIAN MUST SIGN BELOW

___________________________________       _________________

Name  (Parent/Guardian #1)                                Date

___________________________________        ________________

Name  (Parent/Guardian #2)                                  Date

___________________________________      ___/ __/_____    

Name  of Minor Participant                              Date of Birth