SLTC RELEASE AND INDEMNITY AGREEMENT

This Release and Indemnity Agreement (the “Agreement”) is entered into by and between Salt Lake Triathlon Club, its parents, subsidiaries, affiliates, executives, employees, agents, and attorneys (“SLTC”), and the person whose signature is set forth at the end of this Agreement (“Participant,” or collectively with SLTC as the “Parties”). The effective date (“Effective Date”) of this Agreement is the date that this Agreement is signed by Participant.
I. BACKGROUND
a. SLTC intends to provide Participant with an opportunity to participate in various training activities in various environments and conditions, such as swimming, biking, running, and other related activities (“Training Activities”);
b. Guest desires to come to the Training Activities and participate pursuant to the terms and conditions of this Agreement; and
c. In entering into this Agreement, it is of particular importance to SLTC that SLTC and all persons/entities associated with SLTC not be subject to any liability arising from or related to any of Participant’s participation in the Training Activities, including travel to and from the Training Activities.
ACCORDINGLY, in consideration of the mutual agreements stated in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, SLTC and Participant agree as follows:
II. AGREEMENT
a. Permission. Subject to the terms and conditions of this Agreement, SLTC hereby grants revocable permission to Participant to attend and participate in the Training Activities. This permission is automatically revoked if Participant violates the terms and conditions of this Agreement. In addition, this permission may also be revoked by SLTC at any time and for any reason.
b. Acknowledgment of Participant. Participant agrees as follows:
i. that Participant is familiar with the Training Activities;
ii. that Participant will follow all applicable laws and regulations, and all safety instructions provided by the manufacture of any equipment that may be used by Participant during the Training Activities; and
iii. that Participant will not use harmful drugs or alcohol while at the Training Activities.
c. Acknowledgement of Danger; Assumption of Risk; Indemnity. PARTICIPANT ACKNOWLEDGES AND AGREES THAT TRAINING ACTIVITIES ARE DANGEROUS AND THAT SERIOUS INJURY OR DEATH CAN RESULT FROM PARTICIPATING IN TRAINING ACTIVITIES, INCLUDING TRAVELING TO AND FROM THE SAME.
Participant acknowledges such dangerous conditions, assumes all risk and liability associated with same, and agrees that SLTC will have no liability whatsoever with respect to any illness, injury, death or destruction to Participant or Participant’s property. Participant acknowledges that although SLTC has no greater knowledge of the potential dangers Participant may face while participating in the Training Activities, that it is impracticable and impossible for SLTC to list and/or to physically show Participant each and every possible hazard, and Participant comes to the Training Activities despite the same and at Participant’s own risk and without liability to SLTC.
PARTICIPANT SPECIFICALLY ACKNOWLEDGES, AGREES, AND STIPULATES THAT THE PARTICIPANT HAS CHOSEN OF HIS OR HER OWN FREE WILL AND CHOICE TO COME TO THE TRAINING ACTIVITIES AND REALIZES THERE ARE INHERENT DANGERS FROM PARTICIPATING IN TRAINING ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, DANGERS OF ANY NATURE WHATSOEVER, INCLUDING BODILY INJURY OR DEATH, WHICH MAY OCCUR. PARTICIPANT AGREES AT ALL TIMES TO USE EXTREME CAUTION AND CARE IN PROTECTING HIMSELF OR HERSELF, AND OTHERS AND THEIR PROPERTY, FROM ACCIDENT, BODILY INJURY, OR DEATH.
This release is intended to discharge in advance SLTC from any and all liability arising out of or connected in any way with Participant’s participation in the Training Activities, even though that liability may arise out of negligence or carelessness on the part of the persons or entities mentioned herein. It is further agreed that this waiver, release and assumption of risk is to be binding on Participant’s heirs and assigns. Participant agrees to indemnify and to hold SLTC free and harmless from any loss, liability, damage, cost, or expense which they may incur as the result of Participant’s death or any injury or property damage that Participant may sustain or cause while participating in the Training Activities.
d. Fees to Prevailing Party; Venue/Jurisdiction; Choice of Law. In the event either SLTC or Participant files any suit or other legal proceeding against the other to compel compliance with any term(s) of this Agreement, to prevent or stop a breach of this Agreement, to obtain a judicial interpretation of the terms of the Agreement, or for any other reason, the prevailing party in such suit or proceeding shall be entitled to an injunction and, in addition, to its damages and costs of suit, reasonable experts’ fees, attorneys’ fees, and costs as determined by the court. Jurisdiction and venue for any suit, action or legal proceeding shall be in the state and federal courts in Salt Lake County, Utah. This Agreement, and all rights and obligations resulting therefrom, shall be interpreted and determined under the laws of Utah.
e. Entire Agreement; Modifications; Notifications; No Waiver/Bias. This Agreement constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous written and/or oral agreements pertaining to the lease
created herein. Any modification, alteration, or supplement to this Agreement shall, to be effective, be in writing and signed by both parties.
I have carefully read this Agreement, Waiver, and Release and fully understand its contents. I am aware that this is a release of liability and a contract between myself and the SLTC and I sign it of my free will. I further understand that photographs and video may be taken of me during the course of the Training Activities and that these photographs and video may be used for SLTC publicity purposes. I have read and understand this release.