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 anticipated or unanticipated conditions or events can cause or contribute to personal injury, and even disability or death, while participating in Activities or Events, including conditions 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 acknowledge 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 awareness that there are knowable and unknowable 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 and awareness that there are knowable and unknowable 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 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.


COACHING AGREEMENT

This Coaching Agreement (“Agreement”) is by and between Triple Threat Racing, LLC, an Arkansas limited liability company dba Arkansas Track & Field Club (“TTR”) and Athlete signee of this electronic agreement (“Athlete”).

WHEREAS, TTR provides coaching and instruction to kids, youth, teenagers, and adults regarding track & field, cross country, road racing, mountain, ultra, trail, triathlons and any other facet of running (collectively the “Coaching Services”); and

WHEREAS, in consideration for TTR providing the Coaching Services to Athlete, Athlete agrees to pay the fees set forth below.

It is therefore agreed as follows:

Provision of Coaching Services. TTR agrees to provide Coaching Services to Athlete.

Payment of Fees. In consideration of TTR’s provision of Coaching Services, Athlete shall compensate TTR according to the Fee Schedule attached hereto as Appendix A. TTR shall be entitled to adjust the fees listed on this Fee Schedule from time to time, provided that it gives Athlete advance notice of any changes. The parties agree that all fees are payable in advance and payment shall be made by check, cash or credit card. TTR shall invoice Athlete for fees and payment shall be made per the terms of the invoice. TTR reserves the right to invoice less frequently than monthly.

Term of Agreement. This agreement may be terminated by TTR or Athlete at any time by 30-calendar days’ oral or written notice.

Coaches. TTR has several coaches, any of whom may provide Coaching Services constituting TTR’s performance under this Agreement to Athlete.

No Employment Relationship. It is acknowledged that neither TTR nor any of its coaches is an employee of Athlete.

Tailored Program/Necessity of Two-Way Communication. TTR will develop particular methods, techniques and instructions tailored for Athlete based on regular, frequent communication with Athlete. The parties acknowledge that Athlete’s development requires that this communication be two-way communication of feedback between TTR and Athlete.

Risks; Waiver. It is important that Athlete fully considers and agrees to be solely responsible for the risks that are associated with triathlon and its disciplines, all of which involve tremendous physical exertion. TTR’s role is to develop Athlete and other athletes. This necessarily involves pushing oneself to and beyond boundaries, which first seem impossible. However, TTR’s coaches are not physicians. By signing this Agreement, Athlete warrants and represents that he or she has been examined by a licensed physician or other appropriate qualified medical representative to be physically able to handle all of the physical exertion that will be required in implementing TTR’s techniques and instruction. TTR and athlete also acknowledge the terms of the separate Waiver and Release of Liability Agreement, the terms of which are deemed to be restated and are incorporated by reference into this Agreement as though set forth word for word.

Ethics and Standards of Behavior. By signing below, Athlete acknowledges that TTR requires that all people associated with it conduct themselves at all time with the utmost ethics and appropriate behavior. Athlete agrees that loud, rude, obnoxious or other inappropriate behavior; cursing, swearing, bragging, “trash talk”; negative or disrespectful comments about TTR or its coaches, staff, sponsors or other athletes; and any and all other acts and actions which reflect poorly on or negatively adversely affect TTR or anyone associated with it are a violation of this Agreement. Accordingly, any acts, actions or conduct, which violate the foregoing standards, as, determined solely and exclusively by TTR, are grounds for immediate termination of this Agreement without notice.


Appendix A
Fee Schedule

For Athletes, applicable fees shall be as follows:

Annual Registration Fee: $0.00 per year (per athlete)

Monthly Fee: $300 per month for elite team members