In consideration of being permitted to become a member of and/or participate in any organized function, training session, practice, ride, run, swim, clinic, race, travel, or other activity (each, an "Activity") of Rowdies (the "Club"), 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 (this "Agreement").

1. Physical health

I represent that (i) I am in good health and in proper physical condition to participate in Club Activities; and (ii) I am not under the influence of alcohol or any illicit or prescription drugs, and will not be under any such influence at the time of any Activity, which would in any way impair my ability to safely participate. I will not participate in any Activity if I experience symptoms of, or have a suspected or diagnosed case of, any communicable disease. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy to participate in any given Activity.

2. Compliance with rules, regulations, codes, policies, and procedures

I represent that I have read and agree to strictly comply with:

(a) The USA Triathlon Code of Conduct, USA Triathlon Multisport Competition Rules, and all other USA Triathlon policies, codes, and procedures applicable to me, including without limitation USA Triathlon's Minor Athlete Abuse Prevention Policies (MAAPP) and the Code and policies of the U.S. Center for SafeSport;

(b) All rules, instructions, and safety directives issued by Club coaches, ride leaders, officers, and volunteers; and

(c) All applicable traffic, swim, and venue rules at every location where an Activity occurs.

I accept sole responsibility for my own conduct, actions, and the condition and adequacy of my own equipment, including helmet, bicycle, and personal safety gear. I acknowledge that the Club may suspend or revoke my membership and/or remove me from any Activity for breach of this section.

3. Assumption of risk

I understand and acknowledge the physical and mental rigors associated with triathlon, duathlon, aquathlon, aquabike, modern pentathlon, road, gravel, track and mountain cycling, cyclocross, running, trail and cross country running, pool, open water and ocean swimming, surfing, laser pistol shooting, hiking and summiting, skiing and snowboarding, off-road events, and other multisport activities, and I realize that these Activities 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: serious bodily injury, sickness and disease (including communicable disease), permanent disability, paralysis, and loss of life; loss of or damage to equipment or property; exposure to extreme conditions and circumstances; accidents, contact, or collision with other participants, spectators, vehicles, animals, or other natural or manmade objects; adverse weather conditions; imperfect course, road, trail, or water conditions; equipment failure; inadequate safety measures; participants of varying skill levels; hazards arising from use of public roads and waterways; situations beyond the immediate control of Club organizers; and other undefined risks and dangers which may not be readily foreseeable or are presently unknown, including any unknown claims under Section 1542 of the California Civil Code (collectively, "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 Activity, or the acts, inaction, or negligence of the Released Parties defined below, and I hereby expressly and voluntarily choose to assume all such Risks and responsibility for any damages, liabilities, losses, or expenses which I incur as a result of my participation.

4. Communicable disease, assumption of risk

By signing this Agreement, I acknowledge the extremely contagious nature of communicable diseases and voluntarily assume the risk that I may be exposed to or infected with such diseases through my participation in Club Activities, and that such exposure or infection may involve the RISK OF SERIOUS INJURY, ILLNESS, PERMANENT DISABILITY, AND/OR DEATH. I expressly assume all such risks and dangers whether presently known or unknown and understand that the Released Parties CANNOT GUARANTEE that I will not become exposed to or infected with a communicable disease.

5. Consent to medical care

I consent to receive emergency medical treatment in the event of an injury, illness, or other incident in which, in the reasonable judgment of on-site or other personnel, I require medical care. I agree to pay all costs associated with such medical care and to indemnify and hold harmless the Released Parties from any costs or claims arising from such medical care. I further authorize the Club's officers, coaches, or designees to arrange any necessary medical treatment on my behalf if I am unable to do so and a parent or emergency contact is not immediately reachable.

6. Release from liability

I hereby RELEASE, WAIVE, AND COVENANT NOT TO SUE, and further agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the following parties: Rowdies and its officers, directors, coaches, ride and workout leaders, volunteers, members, agents, and assigns; USA Triathlon and World Triathlon; USA Cycling; the Union Internationale de Pentathlon Moderne (UIPM) and USA Pentathlon Multisport; the USOPC; any event owners, organizers, promoters, sponsors, race directors, and host cities of any Activity; venue and property owners on which any Activity takes place; law enforcement agencies and other public entities providing support; and each of their respective parent, subsidiary, and affiliated entities, officers, directors, partners, shareholders, members, agents, employees, and volunteers (individually and collectively, the "Released Parties"), from and against any and all liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys' fees) of any kind or nature ("Liability") which may arise out of, result from, or relate to (i) my participation in any Activity, and/or (ii) any injury, illness, or death (including any injury, illness, or death resulting from a communicable disease) arising out of or related to any Activity, 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.

7. Photo and media release (opt-out available)

I grant Rowdies and its designees the right and license, throughout the world and in any and all forms of media currently existing or hereafter created, to use, reproduce, distribute, display, broadcast, and transmit my name, voice, biographical data, statements, performance, photograph, video, and electronic likeness in connection with the promotion of the Club and its Activities, the sport of triathlon and multisport, and any non-commercial use. The Club will not use my image in a manner that creates or implies an endorsement of a commercial product or service without my prior consent.

8. Governing law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. Any action arising out of this Agreement shall be brought exclusively in the state or federal courts located in Santa Clara County, California.

9. Severability and entire 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, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

10. Electronic signature

By signing below, I agree to sign this document electronically. I understand that my electronic signature is legally binding, just like a handwritten signature, and shows my intent to agree to the terms of this Agreement.