Registration Waiver

GENERAL WAIVER & RELEASE

I acknowledge that a triathlon, bisport/duathlon, kids fun run event is an extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury and property loss. I, or on behalf of my minor child, hereby assume the risks of participating in triathlon, bisport/duathlon, kids fun events. I certify that I, or my child, am physically fit 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 waiver are being accepted by Two Bears Foundation, Inc. dba The Berkshire Triathlon (the “Berkshire Try”) in consideration for allowing me to participate in its sprint triathlon, duathlon, and kids fun run event on Sunday, June 6, 2021 (the “Event”), and are being relied upon by Berkshire Try and the various race sponsors, organizers, and administrators in permitting me to participate in the Event.

In consideration for allowing me, or my minor child, to participate in the Event, I waive, release, AND DISCHARGE from any and all claims, losses or liabilities for death, personal injury, 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, or my child, participating in or my traveling to and from the Event, THE FOLLOWING PERSONS OR ENTITIES: CITY OF UPPER ARLINGTON, BERKSHIRE TRY BOARD MEMBERS, ORGANIZERS, SPONSORS, RACE DIRECTORS, EVENT PRODUCERS, VOLUNTEERS, ALL STATES, CITIES, COUNTIES, OR LOCALITIES IN WHICH EVENTS OR SEGMENTS OF EVENTS ARE HELD, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, 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; and 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 THE EVENT.

I, or on behalf of my child, also ASSUME ANY AND ALL OTHER RISKS associated with participating in the Event including but not limited to falls, contact and/or effects with other participants, effects of weather including heat and/or humidity, defective equipment, the condition of the roads, water hazards, contact with other swimmers or boats, 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 or of other persons entities. Further, I AGREE NOT TO SUE any of the persons or entities mentioned above for any of the claims, losses or liabilities that I have waived, released or discharged herein.

I will INDEMNIFY AND HOLD HARMLESS the persons or entities mentioned above from any and all claims made or liabilities assessed against them as a result of (i) my actions or inactions or those of my child, (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, or (iv) any other harm caused by an occurrence related to the Event and I GRANT PERMISSION for the use of my name and/or likeness relating to my participation in the Event and I WAIVE all rights to any future compensation to which I may otherwise be entitled as a result of the use of my name or likeness.

I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER, I HAVE READ THE DOCUMENT AND I UNDERSTAND ITS CONTENTS.

In the event that inclement weather conditions should require cancellation of the race before it is to start or early termination after it has started because of safety concerns, I understand that the race WILL NOT be rescheduled. I also understand and agree that my entry fee WILL NOT be refunded. Registration may not be transferred to another participant for any reason.

By proceeding with this event registration, you agree that the terms of this Registration Agreement shall apply equally to you and to any third parties for whom you are acting as agent. You represent and warrant that, in compliance with Compliance with Children’s Online Privacy Protection Act (“COPPA”), you are over eighteen (18) years of age, and that if you are registering a child under eighteen (18) years of age you are the parent of such child, and do hereby consent to the collection of such child’s personal information.

MEDICAL ACKNOWLEDGMENT AND RELEASE

I acknowledge the health risks associated with the Event, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death.  I agree that if I experience any of these or any other symptoms during the Event, I will discontinue my participation immediately and seek appropriate medical attention.  I RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE EVENT.

COVID-19 WAIVER & RELEASE

COVID PRECAUTIONS

The Berkshire Try has put in place these and other preventative measures to reduce the spread of COVID-19:

  • Temperature checks using a touchless forehead/ temporal artery thermometer for every person seeking to enter the Event; anyone who has a fever at or above 6 degrees Fahrenheit is not permitted to enter and must depart
  • All Berkshire Try personnel must:
    • Wear masks at Berkshire Try events, unless outdoors or over 10 feet from others
    • Wash their hands frequently, ideally for 20 seconds
    • Maintain a minimum of 3 feet from other individuals
    • Avoid handshaking, hugging, or any other physical contact

Despite these, and other measures recommended by the CDC that the Berkshire Try has taken, the Berkshire Try does not guarantee that participants, volunteers, partners, or others engaged in the Event will not become infected with COVID-19.

REPRESENTATION

I, or on behalf of my minor child, certify that I will not attend the Event if:

  1. I, or any members of my household, experience or within the 14 days prior to the Event experience any symptoms associated with COVID-19 (such as fever, cough, and shortness of breath among others); or
  2. I, or any member of my household, are been diagnosed with COVID-19 within the 28 days prior to the Event.

DUTY TO SELF-MONITOR

I, or on behalf of my minor child, agree to self-monitor for signs and symptoms of COVID-19 and, inform the Berkshire Try at berkshiretri@gmail.com if I experience symptoms of COVID-19 within 14 days after participating in the Event.

GENERAL AND SPECIFIC LIABILITY WAIVER & RELEASE OF CLAIMS

I, OR ON BEHALF OF MY MINOR CHILD, RELEASE, WAIVE, AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST  THE BERKSHIRE TRY AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF  THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS (SPECIFICALLY INCLUDING COVID OR COVID COMPLICATIONS), ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, OR MY HEIRS, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION IN THE EVENT OR ARISING OUT OF THIS AGREEMENT.

ASSUMPTION OF THE RISK

I, or on behalf of my minor child, acknowledge and understand the following:

  1. My participation in the Event includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
  2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and
  3. I knowingly assume the risk of injury, harm and loss associated with the Event, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.