READ THIS AGREEMENT CAREFULLY
WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
In consideration of allowing me to participate in TRITON World Series (the ‘Event’ or ‘Events’) I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the ‘Agreement’).
1. I hereby represent that (i) I am in good health and in proper physical condition to participate in the Event; and (ii) I am not under the influence any substance including prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event.
The following symptoms or conditions may pose a significant risk to those who participate in the Event: high blood pressure, obesity, heart problems, diabetes, a family history of heart disease, chest pains, extremely high cholesterol levels, major surgery, acute illness, or a history of smoking. I understand that I should consult my physician to determine if I have any undiagnosed illness that would preclude me from exercising, if I have a lifestyle or family history that is known to predispose me to sudden cardiac episodes or other exercise-related medical problems, and to advise if I am healthy enough to participate in the Event.
2. I understand and acknowledge the physical and mental rigors associated with triathlon or participation on a relay and realize that running, bicycling, swimming and other portions of such Events are inherently dangerous and represent an extreme test of a person’s physical and mental limits. I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, permanent disability, paralysis and death; loss or damage to property; exposure to extreme conditions and circumstances; accidents, illness, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined harm or damage which may not be readily foreseeable, and other presently unknown risks and dangers (‘Risks’). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the acts, inaction or negligence of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in the Event.
3. I agree to be familiar with and abide by the Rules and Regulations established for the Event, including but not limited to the Competition Rules and the guidelines regarding prohibited substances and prohibited methods of doping adopted by the World Anti-Doping Agency and its member agencies. I also accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment.
4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: Triathlon Association, the Event Organizers and Promoters, Race Directors, Sponsors, Advertisers, Host Cities, Local Organizing Committees, Venues and Property Owners upon which the Event takes place, Law Enforcement Agencies and other Public Entities providing support for the Event, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the ‘Released Parties’ or ‘Event Organizers’), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorney’s fees) of any kind or nature (‘Liability’) which may arise out of, result from, or relate to my participation in the Event, including claims for Liability caused in whole or in part by the negligence of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which any may be incurred as the result of such claim.
I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Unless specifically stated in official race written communications TRITON WS race entries are non-transferable. Selling of your race entry slot is strictly prohibited. If you do sell your race slot, you will be disqualified from the race and you, as well as, the entrant who purchased your slot will be disqualified from the TRITON WS for a minimum of 2 years.
I hereby consent to the placement of my race images online at the official photographer’s website for the purposes of viewing and purchasing. I also give the organization permission to use my image for promotional and other purposes related to the Event.
I authorize the use of my name, voice and picture and any information provided by me on this entry form to be used without payment in any broadcast, telecast, communication, promotion, or advertising, and I also agree that the information I have provided may be used by the Event Organizers for the purpose of promoting future or other events or for the promotion of the Event charity(ies), race sponsors products and services.
I will wear the Event number and transponder as directed by the Event officials. I agree to return the transponder after the event or be charged 50€ for its non-return. Should the Event be cancelled or stopped for any reason, or personal circumstances arise that prevent me from participating in (or completing the Event), I accept that my entry fee is non-refundable.
I acknowledge that the Event Organizers reserve the right in their absolute discretion to alter the advertised course or start time.
I consent to receive any medical treatment that may be deemed necessary in the event of injury, accident or illness during the Event, and I allow that information to be passed on to the Event Organizers or third parties (as deemed necessary by the Event Organizers.
I acknowledge that the Event Organizers have the absolute discretion in the award of any prizes, prize money or third-party prize or award and I will abide fully and without dispute with all such decisions of the Event Organizers.
A Force Majeure event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
– Strikes, lock-outs or other industrial action.
– Civil commotion, riot, invasion, terrorist attack, threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
– Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster.
– Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, race venues.
– Impossibility of the use of public or private telecommunications networks.
– The acts, decrees, legislation, regulations or restriction of any government.
Our performance under Contract is deemed to be suspended for the period that the Force Majeure event continues, and we will have an extension of time for performance for the duration of that period.
We will use our reasonable endeavors to bring the Force Majeure Event to an end or find a solution by which our obligations under the contract may be performed despite the Force Majeure event.
In alternative to delay the event to a future date due to one of the circumstances mentioned above, if possible, and to minimize the impact on the athletes the organization may change the format, distances, order of competitions and disciplines of the event in that year.
Furthermore, the organization reserves itself the right to change the format of the event under a Force Majeure event in order to attempt to create the necessary conditions for the event to take place. Such changes in format may include but are not limited to changing the event to a duathlon, an aquathlon, a road cycling race, a road run race or a swimming competition in distances to be announced at the most convenient time.
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TERMS & CONDITIONS
The Conditions apply in place of and prevail over any terms or conditions (whether or not in conflict or inconsistent with these Conditions) contained or referred to in any documentation submitted by the Participant or in correspondence or elsewhere or implied by trade custom, practice or course of dealing. A variation of these Conditions is only valid if the Event Organiser gives notice to the Participant in writing in any official Event material or correspondence prior to the Event (including via email), The Participant shall be deemed to have accepted these Conditions upon completion of the Entry Form.
2.1 The Participant acknowledges that participation in the Event is physically strenuous. It is acknowledged that participation in the Event will be physically demanding and the Participant is aware of the nature of the Event and associated medical and physical risks involved.
2.2 The Participant agrees that he/she is physically capable of competing in the Event and agrees to be solely responsible for his/her actions and the Event Organiser, its officers, employees, agents, affiliates, associated companies, sponsors or medical advisers are not responsible for any injury or illness that the Participant may suffer as a result of his/her participation in the Event. The Participant accepts that should any medical or physical condition arise prior to the Event which is likely to affect his/her ability to compete, the Participant will withdraw in accordance with these Conditions.
2.3 The Participant agrees to abide by all applicable rules and regulations including the Portuguese Triathlon Federation (“FTP”) DRAFTING LEGAL Competition and Doping rules and the rules and regulations of the International Triathlon Union (“ITU”). The Participant shall not be entitled to a refund of the Fees if he or she is disqualified from the Event as a result of an infringement of these Conditions or any such rules and regulations. The Event Organiser is also entitled to impose Event rules upon the Participant from time to time which will form part of these Conditions. The relevant competition rules and regulations may be obtained below.
2.4 The Participant is the sole responsible for booking and confirming their trip and bicycle when making traveling arrangements. The participant is aware that flights and cargo space in airlines serving the Islands and event is limited and doesn’t constitute a reason for cancelation or any registration fees refund or any other additional costs related to his/hers participation in the Event.
2.5 It is the Participant’s responsibility to provide and use a roadworthy bicycle and helmet which comply with governing body rules and regulations.
2.6 The Event Organiser may introduce cut off times as they see fit as part of the Event rules, being limits on the time taken to complete sections of the Event (as initiated by the Event Organiser at its discretion) to ensure the safe and proper running of the Event. Subsequently, competitors may be instructed to withdraw from the race in accordance with imposed cut off times.
2.7 Unless otherwise notified by the Event Organiser swimming wetsuits are compulsory for open water. It is the Participant’s responsibility to provide and use a wetsuit which complies with the Portuguese Triathlon Federation (“FTP”) Competition and Doping rules and the rules and regulations of the International Triathlon Union (“ITU”), FTP rules and regulations. Participants without a wetsuit may not be allowed to compete at the sole discretion of the Event’s organization and its race marshals.
2.8 The Event Organiser reserves the right at any time to remove Participants from the Event or prevent Participants participating in the Event and future events, if in the Event Organisers sole discretion, it considers such action necessary for safety reasons or the proper enjoyment of the Event by other Participants or for any other reasonable reason. No refund of the Fee shall be made if the Participant has acted negligently, maliciously, with willful misconduct or otherwise without due care and attention for the Event or other participants, so as to cause his/her removal/disqualification; the said athletes may also face a life ban from all events.
2.9 At registration, the Participant must produce appropriate photographic personal identification acceptable to the Event Organiser (such as drivers license or passport), and FTP members must produce their FTP membership card. Should an athlete pass on / or accept a place either free or paid for, the both athletes will be disqualified prior and/or during the event. This includes selling the place online or by any other means. Due to the severity of invalidating insurance, wrong medical information and next of kin info; the said athletes may also face a life ban from all events.
2.10 Race number/goodie bag must be collected by the athlete only, with appropriate photographic personal identification.
2.11 While the Event Organiser takes every care with the staging of the Event, the Participant acknowledges that personal accident and personal items insurance is his or her sole responsibility.
2.12 The minimum age for entry is 18 years old at the 31st December of the Event year.
2.13 Team entries must provide confirmation of full details of all team members in writing a minimum of 2 weeks prior to the Event.
2.14 All decisions and rulings by the Event Organiser, its employees and its agents are considered final. Accordingly, the Participant will comply with all Event rules and all instructions and guidelines given by stewards, marshals, and safety personnel. The Participant acknowledges and agrees that the Event Organiser will organize and run the Event and will have sole authority and be the final arbiter on all decisions relating to the safety, running and organization of the Event, the rules of the Event, the timings/finish times and the placings.
2.15 These Conditions are personal to the Participant and it may not assign any of its rights or obligations under this Agreement without the prior written consent of the Event Organiser. The Participant represents and warrants that the Entry is purchased for personal use only, that it cannot be donated free of charge or otherwise given away for free, and that it is not purchased as part of any form of business or commercial activity (save as expressly authorized by the Event Organiser), and in particular, that the Entry may not be resold or offered for resale by anyone whether at a premium or otherwise and may not be used for advertising, promotion use as a prize (including in competitions and sweepstakes), travel packages, or for any other trade purposes. Donation, give away, resale or attempted resale is grounds for seizure or cancelation without refund or other compensation.
2.16 The Participant acknowledges and accepts that circumstances concerning an Event may change from time to time for reasons out of the Event Organiser reasonable control or otherwise, without the Event Organiser incurring any liability and without any rights to withdrawal being accrued by the Participant other than set out in clause 4 below. By way of example, and for illustration purposes only, car parking arrangements, rules regarding wet suits, and issues with hotels, may arise/change but such changes/issues will not allow the Participant to withdraw and nor will the Event Organiser be deemed liable except as otherwise set out herein.
2.17 For the TRITON WS / Individual events, a cut-off time is applicable: 3.8 km Swim – 2 hours 1/2, 1.9 km Swim 1 hours 1/4, 180 km Bike – 9 hours, 90 km Bike – 5 hours, 42.2 km Run – 6 hours, 21.1 km Run 3 hours.
2.18 Participants that want to do all 3 events must register for either the half distance or full distance triathlon and NOT enter each event individually. You may however, register for up two of the events individually.
3.1 In consideration for being granted the right to participate, the Participant must pay the Fee by no later than the closing date set out on the Entry Form.
3.2 The Participant shall not be eligible or entitled to participate in the Event until full payment of the Fee has been received by the Event Organiser no less than 1 week prior to the start of the event. No payment shall be deemed to have been received until the Event Organiser has received cleared funds.
4.1 Without cancelation insurance:
Until 120 days before race day weekend – of 50% of your registration price. From 120 days, onwards – No Refund.
4.2 TRANSFERS WITH CANCELATION INSURANCE:
Until 45 days before the event – You can transfer your registration to someone else, subject to the payment of a 50€ event administration fee. From 45 days, onwards – You will not be able to transfer your registration to someone else, under any circumstance.
4.3 TRANSFER TO THE FOLLOWING YEAR WITH CANCELATION INSURANCE:
Until 45 days before race day – You can transfer your registration to following year, subject to the payment of a 50€ administration fee. You will have until race day to pay the transfer fee. After that all transfer requests will be void. From 30 before race day, onwards – You cannot transfer your registration, under any circumstance.
Exception: if the event those not take place, for any reason, in the following year, there is NO REFUND
4.4 Refunds with cancelation insurance:
Until 45 days from race day 100% refund (insurance, cancelations and service fees will be deducted). From 45 days until race day, onwards – No Refund.
All refunds and transfers refer to your registration price only. Refunds do not include the transaction, one day license and pasta party tickets.
I understand that participating in this event is potentially hazardous, and that I should not enter and participate unless I am medically able and properly trained.
In consideration of the acceptance of this entry, I assume full and complete responsibility for any injury or accident which may occur while I am traveling to or from the event, during the event, or while I am on the premises of the event.
I also understand that all supporters are my responsibility and take full responsibility for all their actions. Any abuse of race officials, marshals or event staff will result in my instant disqualification.
I also am aware of and assume all risks associated with participating in this event, including but not limited to falls, contact with other participants, effect of weather, traffic, and conditions of the road. I, for myself and my heirs and executors, hereby waive, release and forever discharge the event Organisers, sponsors, promoters, the Organiser and each of their agents, representatives, successors and assigns, and all other persons associated with the event, for all my liabilities, claims, actions, or damages that I may have against them arising out of or in any way connected with my participation in this event.
I understand that this waiver includes any claims, whether caused by negligence, the action or inaction of any of the above parties, or otherwise.
I hereby grant full permission to any and all of the above parties to use any photographs, videotapes, motion pictures, website images, recordings or any other record of this event.
TRITON WS has special group discounts for teams of 10 or more athletes. Please contact us by e-mail to learn more and to see if your team is eligible.
Disclaimer: Some of our event partners may, at any given time, hold promotions that could allow you to register at a discounted price. These promotions are the sole responsibility of our event partners. To check if a given promotion you come across is a valid one, please send us an e-mail.