I, (“Trainee”), in consideration of the benefits to be derived from participating in coached training, hereby grant The Swim Mechanic and its affiliated entities and/or predecessors, successors, assigns, licensees, parents, subsidiaries, officers, directors, members, employees, agents, or any other related entity or person (collectively, “Parties”) the following consents and releases (“Release”):
1. Trainee understands that triathlon and open water training and/or participation in any sport or sport-related activity (“Activities”) can be a dangerous activity involving many risks of injury. Trainee understands that the dangers and risks of participating or practicing to participate in Activities may include, but are not limited to: death; serious neck and spinal injuries that may result in complete or partial paralysis; brain damage; serious injury to bones, joints, ligaments, muscles, tendons, other aspects of the musculoskeletal system and vital organs; and serious impairment to other aspects of the body, general health, and well-being. Trainee understands that the dangers and risks of Activities may result in serious impairment of Trainee’s future abilities to earn a living and/or to engage in business, social, and recreational activities.
2. Trainee acknowledges that he or she is responsible for ensuring that Trainee is physically fit, mentally capable and medically qualified to participate in the Activities. If Trainee becomes injured during participation in the Activities, Trainee shall immediately inform the Coach.
3. Trainee hereby authorizes and gives permission to The Swim Mechanic and its affiliated entities and/or predecessors, successors, assigns, licensees, parents, subsidiaries, officers, directors, members, employees, agents, or any other related entity or persons to authorize any emergency action necessary to ensure the safety of Trainee. In the event emergency medical attention must be obtained for Trainee, Trainee shall be financially responsible for any and all cost of medical attention and/or treatment.
4. Trainee releases and discharges The Swim Mechanic from any liability and agrees to indemnify, hold harmless, and defend The Swim Mechanic and its affiliated entities and/or predecessors, successors, assigns, licensees, parents, subsidiaries, officers, directors, members, employees, agents, or any other related entity or persons from any and all claims, actions and/or liability to Trainee and/or Trainee’s assigns, successors, heirs, next of kin, estate or personal representative arising out of Trainee’s participation in the Activities.
5. The formation, construction, and interpretation of this Release shall be governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to its conflicts of laws principles. In the event any civil action arises out of or relates to this Release, such action shall be brought and maintained in a court of competent jurisdiction in the State and County of New York.
6. If any provision of this Release is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the Release shall continue in full force and effect.
7. This Release may not be assigned or transferred to another party without the written consent of the other; provided, however, that The Swim Mechanic may assign this Release without notice as part of a sale of substantially all its assets or shares.
8. This Release constitutes the entire agreement between the Parties concerning the subject matter contained herein and supersedes all prior or contemporaneous representations, proposals, conditions, communications, and agreements, whether oral or written, between the parties relating to the subject matter herein and all past courses of dealing or industry custom. The subject matter herein may not be modified except by a subsequent writing signed by the Parties.
9. I acknowledge and agree to allow my photograph, likeness and/or voice (“Media”) to appear in any documentary, promotion, advertising, television, radio, film, video, internet streaming coverage and/or every manner or form existing now or hereafter devised without compensation or further notice and Trainee agrees to assign all copyrights or other interests therein to The Swim Mechanic. Trainee releases to The Swim Mechanic and its predecessors, successors, assigns, parents, subsidiaries, officers, directors, members, employees, agents, or any other related entity or person any title, right, interest, ownership, and/or other subsidiary rights that the Trainee may have in or to the Media . Trainee agrees and consents to and authorizes The Swim Mechanic to protect any intellectual property arising out of Media, including but not limited to the right to procure copyright therein and the right to secure any renewals, reissues, and extensions of any such copyright in the United States or any foreign country.
10. Trainee has read this Release and fully understands the meaning and effect thereof and intends to be legally bound.
If you agree to the terms above, please fill out the consent form below: