Assumption of Risk, 

Waiver of Liability, and

Indemnification Agreement

California Triathlon is a California non-profit organization that provides clinics, skills camps, races (including those promoted as Grand Prix USA), and other activities for its members. Butterfly Endurance (dba Cal Tri Events) is a California non-profit organization that sponsors running, swimming, and bicycling events for California Triathlon members and for interested members of the general public. In this agreement, both organizations will hereafter be referred to as CAL TRI. 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 CAL TRI 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. The inherent risks of each event will vary somewhat depending upon the activity site and the conditions at the time. 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 CAL TRI personnel include, temporary distraction or inattention in monitoring the event, failure to anticipate a potential problem or correctable hazard, and other errors in judgment related to the site, the specific activity, and selection/training of volunteers or staff.

CAL TRI 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 CAL TRI 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 CAL TRI 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.

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WAIVER OF LIABILITY FOR NEGLIGENCE: In consideration of permission for myself and/or MINOR PARTICIPANT to participate in CAL TRI 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 CAL TRI, its owners, officers, race directors, 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 ORDINARY NEGLIGENCE of CAL TRI or other protected parties and/or arising from 2) the presence of myself and/or MINOR PARTICIPANT on the premises used by CAL TRI 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 CAL TRI 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 CAL TRI from any claims and rights that I and/or MINOR PARTICIPANT 1) now have against CAL TRI and/or 2)may have in the future against CAL TRI.

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INDEMNIFICATION AGREEMENT: I, the PARTICIPANT/PARENT, agree to hold harmless, defend, and indemnify CAL TRI 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 CAL TRI activities (including claims arising from the inherent risks of CAL TRI activities or from the ORDINARY NEGLIGENCE of CAL TRI or Protected Parties,
• I further agree to hold harmless, defend, and indemnify CAL TRI 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 CAL TRI 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 me and CAL TRI and that it cannot be modified or changed in any way by representations or statements by any agent or employee of CAL TRI.
• 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 CAL TRI activities can be strenuous and include the risk of serious injury.
• Acknowledge that CAL TRI urges participants to get medical clearance prior to participation.
• Affirm that participant has no health problems that would make participation in CAL TRI activities unwise.
• 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).
• Acknowledge that events may be long distances from hospitals and emergency care.

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 CAL TRI before leaving the facility.
• Authorize CAL TRI to secure emergency medical care, transportation (i.e., EMS), administer CPR/AED when deemed necessary by CAL TRI; and I agree to assume all costs of emergency medical care and emergency transportation.

Conduct I, the PARTICIPANT/PARENT,…

• Agree to abide by all policies, rules, and regulations of CAL TRI.
• Understand CAL TRI may terminate my participation in the activity 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