Kain Performance Team Member Application & Release of Liability
Kain Performance Multi-Sport Racing Assumption of Risk and Liability Waiver
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 any illness or injuries that I contract or sustain may be compounded by negligent first aid or emergency response. 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.
In addition, I acknowledge that novel coronavirus (“COVID-19”) infections have been confirmed throughout the United States. In accordance with the most recent guidance and protocols issued by the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), the California Department of Public Health (CDPH), the Santa Clara County Department of Public Health (together, the “Public Health Agencies”) for slowing the transmission of COVID-19, I agree, represent, and warrant that I will not attend any training sessions and/or events of Kain Performance (other than any exclusively online services and programs) (a) within 14 days after returning either internationally or from a community experiencing sustained community spread of COVID-19, or 14 days after exposure to any person who has a suspected or confirmed case of COVID-19, or (b) if I experience symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, or if I have a suspected or diagnosed/confirmed case of COVID-19. I further agree to notify Kain Performance immediately should I have a suspected or diagnosed/confirmed case of COVID-19 within 14 days of my last attendance of a training session and/or event of Kain Performance.
Kain Performance has taken certain steps to implement recommended guidance and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19; however, Kain Performance cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19. I acknowledge and agree that due to the nature of the training sessions and/or events of Kain Performance, social distancing of six feet per person among participants or use of a face mask may not be possible. I fully understand and appreciate both the known and potential dangers of attending training sessions and/or events of the Kain Performance and acknowledge that my attendance may result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.
Being fully aware of the risks, conditions and hazards associated with these sports and my participation, 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”) for any loss or damage, and any and all claims or demands on account of any property damages or any injury to, or an illness or the death which I may have or which may hereafter accrue to me as a result of my participation in any Kain Performance training session and/or event (including any person who may contract COVID-19, directly or indirectly as a result of my participation in any Kain Performance training session and/or 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 training sessions and/or 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.