KC3 Tri Club --Acknowledgement, Waiver, and Release from Liability

Acknowledgement: Read this waiver completely and carefully. In consideration of the risk of injury while participating in Unstoppable Endurance, LLC & Du it Tri-ing, LLC, DBA: KC3 Tri Club, KC3 activities (the "Activity" and/or "Events"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Unstoppable Endurance LLC & Du it Tri-ing, LLC, DBA: KC3 TRI CLUB, KC3, located at 300 Lakota Lane, Lake Lotawana, MO 64086, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, and any other party involved, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. Do not sign this agreement unless you have read it in its entirety. Seek the advice of legal counsel if you are unsure of its effect.
I agree to indemnify and hold harmless KC3 TRI CLUB against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If KC3 TRI CLUB incurs any of these types of expenses, I agree to reimburse KC3 TRI CLUB.

I acknowledge that KC3 TRI CLUB and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of KC3 TRI CLUB.

I hereby acknowledge, agree, and represent for myself, my executors, administrators, heirs, next of kin, successors and assigns, and for anyone else who might sue on my behalf that it is my intent to take these actions. I acknowledge that a triathlon or multi-sport event is an extreme test of a person's physical and mental limits and carries with it the potential for death, serious injury, illness, exposure to viruses and bacteria, and property loss. I hereby assume the risks of participating in triathlons or multi-sport events. I HEREBY ASSUME THE RISKS OF PARTICIPATING IN ALL KC3 TRI CLUB FUNCTIONS, including training, educational and social events (collectively, "Events" and/or "Activity") .The risks may include, but are not limited to, those caused by terrain, facilities, Temperature, weather, lack of hydration, viral and bacterial exposure, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants,
volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. I certify that I am qualified, in good health, in proper physical condition, and have sufficiently trained for participation in this event(s), and have not been advised against participation by a qualified health professional.
I acknowledge that my statements on this Acknowledgement, Waiver, and Release from Liability are being accepted by KC3 TRI CLUB in consideration for allowing me to become a participant and/or member in, and are being relied upon by KC3 TRI CLUB and the various coaches, organizers, and administrators in permitting me to participate in any KC3 TRI CLUB events, workouts, and functions. In consideration for allowing me to become a member of KC3 TRI CLUB and allowing me to participate in KC3 TRI CLUB and USA Triathlon events, I hereby take the following actions:
a. I AGREE to abide by the Competitive Rules adopted by USA Triathlon, including the Medical Control Rules as they may be amended from time to time, and I acknowledge that my membership may be revoked or suspended for violation of the Competitive Rules;
b. I AGREE that prior to participating in an event, I will inspect the race course, facilities, weather, equipment, CDC guidelines, personal equipment, and areas to be used and if I believe they are unsafe or at any time become unsafe, I will voluntarily refrain from participating in said event and will immediately advise the person supervising the event activity, facility, or area;
c. I waive, release, AND DISCHARGE from any and all claims, losses or liabilities for death, personal injury, illness, partial or permanent disability, property damage, medical or hospital bills, theft, or damage of any kind, including economic losses, which may in the future arise out of or relate to my participating in or my traveling to and from a KC3 TRI CLUB event, THE FOLLOWING PERSONS OR ENTITIES: Unstoppable Endurance LLC & Du it Tri-ing, LLC, KC3 TRI CLUB, KC3, Cass County, Jackson County, USA Triathlon, event and club sponsors, race directors, event producers, volunteers, establishments, all states, cities, counties, or localities in which events or segments of events are held, and the coaches, officers, directors, employees, representatives, participants, members, and agents of any of the above, even if such claims, omissions, or liabilities are caused by the negligent acts or omissions of the persons I am hereby releasing or are caused by the negligent acts of omissions of any other person or entity. To the extent that statute or case law does not prohibit releases for negligence, this release is
also for negligence on the part of KC3 TRI CLUB, its agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
d. I ACKNOWLEDGE that there may be traffic or persons on the course route, and I ASSUME THE RISK OF RUNNING, BIKING, SWIMMING, OR PARTICIPATING IN ANY KC3 TRI CLUB EVENT/TRAINING ACTIVITY. I also ASSUME ANY AND ALL OTHER RISKS associated with participating in KC3 TRI CLUB events including but not limited to falls, contact and/or effects with other participants, effects of weather including heat and/or humidity, defective equipment, viral and bacterial exposure and illness, the condition of the roads, water hazards, contact with other swimmers, boats, wildlife, or anything creating an obstacle, and any hazard that may be posed by spectators or volunteers. All such risks being known and appreciated by me, I further acknowledge that these risks include risks that may be the result of the negligence of the persons or entities mentioned above in paragraph (c) or of other persons or entities.
e. I AGREE NOT TO SUE any of the persons or entities mentioned above in paragraph (c) for any of the claims, losses, or liabilities that I have waived, released, or discharged herein.
f. I INDEMNIFY AND HOLD HARMLESS the persons or entities mentioned above in paragraph (c) from any and all claims made or liabilities assessed against them as a result of (i) my actions or inactions, (ii.) the actions, inactions, or negligence of others including those parties hereby indemnified, (iii.) the conditions of the facilities, equipment, or areas where the event or activity is being conducted, (iv.) the Competitive Rules, or (v.) any other harm caused by an occurrence related to a KC3 TRI CLUB event/activity. By signing below, I hereby authorize KC3 TRI CLUB to include my name in any marketing materials including newsletters, media kits, advertising, and the website. I also grant KC3 TRI CLUB express permission to use photographs of myself in KC3 TRI CLUB newsletters, KC3 TRI CLUB websites (including social media outlets), or promotional materials and for submissions to newspaper articles and to sponsors.

I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER, I HAVE READ THIS DOCUMENT, AND I UNDERSTAND ITS CONTENTS. If the applicant is under eighteen (18) years of age, their parent/guardian must agree to this Acknowledgement, Waiver, and Release from Liability. I also attest this Acknowledgement, Waiver, and Release from Liability form is valid, upholding, confirmed, and legally binding with my electronic signature and was signed without duress or coercion.