Kain Performance New Membership Application and Release of Liability
Kain Performance Multi-Sport Racing Assumption of Risk and Liability
NOTICE: This Release form is a contract with legal consequences.
Please read it carefully before signing.
In consideration of the acceptance of my membership application for membership in Kain Performance Multi Sport Racing Team (hereinafter “Kain Performance”), I hereby freely and voluntarily agree to the following representations, waivers and agreements.
I intending to be legally bound, understand and agree that I am voluntarily participating in all Kain Performance training sessions and/or events. I do so at my own request and at my own risk. I acknowledge that the sport of Triathlon and Duathlon, and/or Cycling and/or Running and/or Swimming involves the extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. I acknowledge that I am aware of the risks inherent in the training sessions (and/or events) and certify that I am physically fit and have not been advised against participation in the above named sports by a qualified health professional.)
I agree that I alone am responsible for: (a) my proper preparation and safety while participating in any organized Kain Performance race, training session, event or other Team activity; (b) providing, utilizing and maintaining the equipment necessary for the safe enjoyment of my participation in any such Team event; and, (c) wearing a properly functioning SNELL or ANSI Approved helmet while participating in any Kain Performance event which includes bicycling, regardless of form (i.e. road or mountain riding). I also represent that I have no physical or medical condition, which in my knowledge would endanger myself or others, while I participate in these sports or activities.
Being fully aware of the risks, conditions and hazards associated with these sports, I HEREBY ACKNOWLEDGE that Kain Performance, its directors, founders, members, sponsors, agents and any other team-affiliated individuals and/or entities are not in any way responsible for my safety while participating in any Kain Performance organized race, training session, event or other Team activity and I FURTHER AGREE TO WAIVE, RELEASE AND DISCHARGE for myself, my heirs, executors, administrators, legal representatives, assignees and successors an interest (hereinafter “successors”) in any and all claims of damages for death, personal injury or property damage which I may have or which may hereafter accrue to me as a result of my participation in any Kain Performance event, against any person or entity identified above, whether such injury or damage was the result of negligence or carelessness on the part of the persons or entities mentioned above, and whether such injury or damage was foreseeable or not, including all such claims regarding the design, condition of any equipment utilized by me in such events without regard to whether such equipment is specified or recommended by such persons or entities identified above.
I further agree to forever HOLD HARMLESS and INDEMNIFY all persons and entities identified above, general specifically from any and all liability for death, personal injury or property damage resulting in any way from my participating in Kain Performance events of any kind. I also give permission for the free use of my name, picture and voice in any broadcast, telecast, print account, or any other account in any medium of this Training and/or Event. I also agree, for myself and successors, that the above representations are not mere recitals and that they are binding; and that should I or my successors assert any claim in contravention of this agreement, I or my successors shall be liable for the expenses (including legal fees) incurred by the other party or parties in defending against such a claim unless they are found liable for willful and wanton negligence. This document contains the entire agreement between the parties and if any term of provision of this agreement is found invalid or unenforceable, the remaining terms and provisions of this agreement shall remain binding and enforceable.