Acknowledgement and Assumption of Risks & Release and Indemnity Agreement

NBSLSC Club Races / Biathlon: unsupervised training session (“Training Session”)

By registering and/or participating in this event, I acknowledge and agree as follows: 

ACKNOWLEDGMENT AND ASSUMPTION OF RISKS

The Training Session takes place outdoors and can include but not be limited to: warm-up exercises; swimming and running, both in practice and in the Training Session; training, (the Training Session and other activities collectively referred to in this Agreement as “Activities” or “Activity”). I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Agreement as “risks”) of these activities can cause injury, damage, death or other loss to myself, other participants or others. The following describes some, but not all of the inherent risks, as applicable to the activities of participants (including my own):

Risks in any athletic activity. Training for, practicing or competing in triathlon or other events and associated swimming, cycling, running and other conditioning involves frequent and repetitive use of the arms and legs, extreme fitness and endurance, and pushing the limits of the participant’s speed and abilities;

Risks present in an outdoor environment. Participants may be subject to: severe storms or bad weather such as lightning, strong winds, rain and hail; fast moving or deep oceans or other water bodies; currents or white-water; extremely hot or cold weather; stinging, venomous and/or disease carrying animals (including marine life) or insects and other natural or man-made hazards. Hazards (both on land and above and below water level) may not be marked or visible and weather is always unpredictable;

Running and swimming risks. These risks include the risk of colliding with objects (including vehicles) or people (including co-participants, pedestrians or spectators) on land or in water, tripping or falling down or encountering other water/beach/sand hazards; or being submerged underwater, hitting bottom or drowning;

Personal health and participation risks. The risk that a participant’s mental, physical or emotional condition (including any use or abuse of alcohol or prescription or non-prescription drugs), known or unknown, combined with participation in these activities could result in injury, damage, death or other loss;

Risks associated with premises. Ruts, holes, water sources, rocks, uneven ground, vehicles travelling on the same roads or other conditions may exist in and around the activities;

Equipment risks. The risk that equipment used in activities may be misused, or may break, fail or malfunction. Participants assume full responsibility for choosing appropriate equipment and for the appropriate fitness and condition of the equipment.

Unsupervised Training Session and activities risks. I understand that there will be no supervision (medical, professional or otherwise) of participants during the activities or at any time. I agree that I am solely responsible for my own well-being at all times; and

Risks regarding conduct. The potential that participants, co-participant/s and/or third party/s may act in a negligent or intentional manner.

These and other risks may result in participants: falling partway or falling to the ground; being struck; colliding with objects , people or the seafloor bottom; experiencing collision or rollover; reacting to weather conditions or increased exertion; becoming lost or disoriented; suffering gastro-intestinal complications or allergic reactions or experiencing other problems. These and other circumstances may cause heat or cold related illnesses or conditions (including hypothermia, cold water immersion, frostbite, hyperthermia, or heat exhaustion/stroke); dehydration; hyponatremia; drowning; heart or lung complications; broken bones; paralysis or other permanent disability; mental or emotional trauma; concussions; sunburn or other burns or other injury, damage, death or loss -- before, during or even after the participant participates in the Training Session or other activities.

I understand and agree:

Before participating in any activities, I may inspect the course, public facilities, equipment, and areas to be used, if I choose;

I am fully capable of participating without causing harm to myself or others. I further agree that participating in these activities requires a high level of fitness and endurance, that I am solely responsible for my conditioning and fitness before, during and after the activities, and that I, in conjunction with my physician, am responsible for determining whether these activities are appropriate for me, before I participate;

I understand that I should not participate in this Training Session unless I have trained appropriately, and my physical condition has been verified by a medical practitioner as being of a high personal health standard to endure the expected stresses caused by this Training Session. I acknowledge that the leading cause of non-traumatic sudden death of athletes is related to a pre-existing cardiac abnormality;

I acknowledge that the Training Session takes place on premises not owned or controlled by North Bondi Surf Club (“NBSLSC”), Greybits Engineering (“GBE”) nor any person associated or involved in the Training Session (“Associate”), and NBSLSC and Associates do not oversee or take responsibility for any aspect or condition of these independent premises;

The information provided in this Agreement is not exhaustive, other unknown or unanticipated activities, inherent or other risks and outcomes may exist, and no person associated with this Training Session can assure my safety or eliminate any of the risks; and

I am voluntarily participating with knowledge of the risks. Therefore, I assume and accept full responsibility for myself, for the inherent and other risks (both known and unknown) of the activities, and for any injury, damage, death or other loss I may suffer, or any other person may suffer, resulting from those risks, including but not limited to the risk of my, a co-participant’s, a Released Party’s, a spectator’s, a volunteer’s (if any), and/or a third party’s passive or active negligence or other misconduct.

RELEASE AND INDEMNITY

Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge and assume all of the risks of participating in the Training Session and agree as follows:

To release and not to sue NBSLSC, GBE, Associates, Training Session organisers, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Agreement as the “Released Parties”), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Agreement as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty.

I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer; To defend and indemnify (“indemnify” meaning protect by full reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty.

This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.

OTHER PROVISIONS

I understand and agree:

This Agreement is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Agreement is deemed unlawful or unenforceable, it will not affect the enforceability of the remaining provisions, and those remaining provisions will continue in full force and effect.