WAIVER AND RELEASE OF LIABILITY AGREEMENT

This Waiver and Release of Liability Agreement (“Agreement”) is providing in connection with the present and/or future participation in events, practices, clinics, competitions, triathlons and similar activities that will be held, promoted, sponsored or affiliated in some way with Triple Threat Racing, LLC, an Arkansas Limited Liability Company dba Arkansas Track & Field Club (“TTR”). The undersigned hereby acknowledges and agrees to each of the following things, both on his or her own account and on behalf of all minors listed below:

TTR sponsors, holds, and participates in events, practices, clinics, competitions, triathlons and similar activities (“Event(s)”) from time to time that pertain or relate in some way to triathlons or similar activities and/or its various disciplines, including swimming, bicycling, and running. TTR also provides coaching, training and instruction from time to time to individuals in these and other sporting activities (Activity/ies”).

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The exact methods of spread and contraction are unknown. Evidence has shown that COVID-19 can cause serious and potentially life threatening illness and even death.

Participating in Activities and participating and even attending Events may result in property damage, personal injury, and even disability or death. The Activities necessarily involve tremendous physical exertion. The actions of other people who participate in or attend Activities and Events are unpredictable. Many known or unknown incidents or events can cause or contribute to personal injury, and even disability or death, while participating in Activities or Events, which may or may not be related to the Activity or Event, such as weather or motor vehicle accidents during travel to and from the Activity or Event. I/we am/are aware of the risks, known and unknown, that are associated with participation or attendance of the Activities and/or Events, both on my own account and on behalf of all minors who are listed below. All people listed below will, at all times, participate and/or attend the Activities and Event with complete knowledge of the risks and dangers involved, and agree to assume and accept any and all risks of property damage, personal injury, and specifically including disability or death. The Events and Activities are entirely voluntary.

TTR cannot prevent me or my child(ren) from becoming exposed to, contracting, or spreading COVID-19 while participating in Activities. It is not possible to prevent against the presence of the disease. Therefore, by choosing to utilize TTR’s services [and/or enter onto TTR’s premises] I may be exposing myself and/or my child[ren] to and/or increasing my/their/our risk of contracting or spreading COVID-19.

In permitting any minor to participate in any Activity or Event, I do so with full knowledge of the risks and dangers involved, and I accept, on said minor’s behalf, and on my own behalf, any and all risks associated with each and every one of the Activities and Events. I will not participate myself, nor will I permit any minor listed below to participate, at any time, in any Event or Activity, if such person is not completely healthy, able to handle the exertion without injury, disability or death, and unless the person has received medical clearance or authorization prior to participation.

In consideration of participating and/or being allowed to participate or my child participate in Events and Activities, I/we hereby forever unequivocally waive and release TTR, its members, officers, employees, coaches, agents and volunteers, from any present and future claims or causes of action of any kind or type, including but not limited to negligence of TTR or any third party beyond TTR’s control, for property damage, personal injury, and specifically including disability or death, that arise out of or pertain in any way to: (i) any Events; (ii) any Activities; and (iii) participation in or attendance of any Events or Activities.

In addition to the foregoing, I, on behalf of myself and minor child or ward, covenant and promise not to file any lawsuit against TTR that involves or pertains in any way to any of the claims or causes of action that are released or described in this Agreement for which I, individually and on behalf of my minor child or ward, assume all risks, known and unknown, and any person claiming by, through, or under myself or minor child or ward.

I understand that neither TTR nor any of its directors, officers, employees, coaches, agents and volunteers will be responsible in any way for any injuries, disability, medical bills, or damages of any kind to me or any of the minors listed below.

With respect to any and all minors listed below, this Agreement shall apply equally to them, and I am warranting that I am a parent or legal guardian of each of them, have authority to enter into this Agreement on behalf of myself and this minor(s) listed below, and that this Agreement is binding against them in accordance with its terms.

I hereby forever release and waive my right to bring suit against TTR and its directors, officers, employees, coaches, agents, volunteers, or other representatives in connection with any injury, illness, disability, or death, including any exposure, infection, and/or spread of COVID-19, arising from the participation of any person listed below in any Activity or Event. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease, or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.

I irrevocably consent to the unrestricted right to photograph, videotape and otherwise record or document my picture, name, likeness, etc. and that of all persons listed below, while participating in any Events, Activity, or any event in which I or any of the persons listed below participates or is a spectator, and I authorize TTR and any and all other people or corporations, to use, without compensation, all such photographs, videotapes, etc. on websites, in magazines, on advertisements, on promotional materials of all types, so long as they are associated with the Activities or Events.

I and all minor(s) listed below, are deemed to have restated and agreed to the foregoing waiver and releases herein by attending or participating in an Activity or Event. This Waiver and Release further renews automatically upon the hereby renews upon the payment of the Annual Registration fee.

I understand and agree that the law of the State of Arkansas will apply to this Waiver and Release of Liability.

I HEREBY CERTIFY THAT I HAVE READ ALL OF THIS AGREEMENT AND FREELY AND VOLUNTARILY AGREE TO BE BOUND BY IT, BOTH ON MY ACCOUNT AND FOR ALL PERSONS , IF ANY, LISTED BELOW.