READ THIS DOCUMENT CAREFULLY BEFORE REGISTERING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
By registering for and participating in the 2023 Duathlon (the “Event”), you agree and warrant as follows:
- In consideration of being permitted by the Cayman Islands Triathlon Association and its officers, committee members, agents, representatives, sponsors and volunteers (collectively “CITA”), their successors and assigns to participate in the Event, I understand and acknowledge that by checking the box below or signing below, that I am legally agreeing to the statements in the following Registration, Release and Waiver of Liability, and Assumption of Risk and Indemnity Agreement (“Agreement”) and that these statements are being accepted and relied upon by the Released Parties defined below.
- I HEREBY ACKNOWLEDGE AND ASSUME ALL OF THE RISKS OF PARTICIPATING IN THIS EVENT. I acknowledge that running and/or swimming and/or other portions of this Event are inherently dangerous and are an extreme test of my physical and mental limits that carries 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, 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 medical 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 THAT THE RUN COURSE FOR THE EVENT WILL BE OPEN TO VEHICULAR AND PEDESTRIAN TRAFFIC. I assume the risk of swimming and/or running and/or other portions of this Event and participating under these circumstances. I also assume any and all other risks associated with participating in this Event, including but not limited to the following: drowning, falls, dangers of collisions with vehicles, pedestrians, other participants, encounters with stray animals on the course and collisions with 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 AND THAT I AM RESPONSIBLE FOR THE RISK OF PARTICIPATION IN THE EVENT INCLUDING THE RISKS RELATED TO COVID-19 AS OUTLINED BELOW.
- I WAIVE, RELEASE, AND FOREVER DISCHARGE CITA, DART REALTY (CAYMAN) LTD. and its affiliate and subsidiary companies, event and location hosts, event sponsors, event promoters, event producers, 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 governmental bodies, and/or municipal 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 action, of any kind or any nature, which I have or may have in the future, including court costs, attorneys’ 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 traveling to or from the Event, including but not limited to, my death, personal injury, partial or permanent disability, negligence, property damage and damages of any kind, property theft, Claims relating to the provision of bicycle technical or mechanical services, 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.
- 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 FULLY 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, attorneys’ 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 Rules of the Event and information in the Athlete Information Guide, and/or my actions or inactions which cause injury or damage to any other person.
- I hereby grant to CITA the right, permission, and authority to use my name, image, voice, and/or likeness, without compensation, captured during the Event by CITA, its affiliated entities or contractors, and/or the media in any photographs, videotapes, CDs, DVDs, broadcast, telecast, podcast, webcast, recordings, motion pictures, commercial advertisement, promotion materials, and/or any other record of this Event for any purpose whatsoever.
- I acknowledge and agree that CITA may collect, obtain, store and process personal data that I provide during the registration process for the purpose of (a) organising the Event and (b) receiving general updates, news, promotional and marketing updates, news, promotional and marketing mails or materials from CITA about its activities. I further give my consent for CITA to collect my personal information to (a) establish my identity such as my name, date of birth, age, address and contact details; and (b) store and process my personal data subject to applicable data protection laws in the Cayman Islands.
- I acknowledge and agree that CITA, in their sole discretion, may delay, modify, or cancel the Event for any reason, including if they believe the conditions on the race day are unsafe. In the event the Event is delayed, modified, or cancelled, 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, labor difficulty, work stoppage, insurrection, war, public disaster, pandemic, flood, unavoidable casualty, race course conditions, acts of civil authority or any other cause beyond the control of CITA, there shall be no refund of the entry fee or any other costs incurred in connection with the Event.
- COVID-19. The novel coronavirus, COVID-19, is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, the Cayman Islands government and health services authorities recommend social distancing. CITA will adhere to local regulations to reduce the spread of COVID-19; however, CITA cannot guarantee that you will not be exposed to, become infected with or spread COVID-19. Further, attending the Event could increase your risk of contracting COVID-19.
- By continuing with the online registration and electronically signing this waiver, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to, spread or be infected by COVID-19 by attending the Event and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at CITA events may result from the actions, omissions, or negligence of yourself and others, including, but not limited to, CITA, spectators and other participants.
- I HEREBY WARRANT THAT I HAVE READ THIS AGREEMENT CAREFULLY AND THAT I UNDERSTAND ITS TERMS AND CONDITIONS AND FREELY AND KNOWINGLY ASSUME THE RISKS AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE. I acknowledge that I will be giving up substantial legal rights by signing it (including the rights of any minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns). I acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be 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.
- Registering for the Event constitutes the acceptance of the terms and conditions set above, including acknowledging that any REGISTRATION FEES PAID FOR THIS EVENT ARE NON-REFUNDABLE AND NON-TRANSFERABLE.
This Agreement shall be governed by, and construed in accordance with, the laws of the Cayman Islands