Saturday, May 31, 2025 at 07:00 AM to Sunday, June 1, 2025
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2025 ESCAPE FROM ALCATRAZ TRIATHLON
WAIVER AND RELEASE FROM LIABILITY AGREEMENT
WARNING: READ CAREFULLY. THIS AGREEMENT (THE “AGREEMENT”) INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE CERTAIN PARTIES. SEEK OUT LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT BEFORE YOU ENTER INTO THIS AGREEMENT. THERE ARE LEGAL CONSEQUENCES TO SIGNING THIS AGREEMENT.
In consideration of the event organizing parties, including, without limitation, International Merchandising Company, LLC (“IMC”), USA Triathlon (“USAT”) and Premier Event Management L.L.C. (“Premier”, and together with IMC and USAT, the “Event Organizers”) allowing me to participate in the 2025 Escape from Alcatraz Triathlon, currently anticipated to occur on May 31, 2025 and June 1, 2025 in San Francisco, California, a USAT sanctioned event, and related activities, expos and programs (the “Event”) as either a member of USAT or through the issuance of a single day license or permit; 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 representations, warranties and agreements that shall be binding to the fullest extent permitted by law:
1. I hereby represent that: (a) I am (and, at the time of the Event, will be) in good health and in proper physical and mental condition to participate in the Event; (b) I am not (and, at the time of the Event, will not be) under the influence of a banned substance(s), alcohol or any prescription drugs that would in any way impair my ability to safely participate in the Event; and (c) I will immediately inform the Event Organizers and take any and all precautions set forth or recommended by the Event Organizers, applicable laws, rules, regulations, policies, and ordinances, regulatory authorities and/or medical professionals if, at any time during the fourteen (14) days leading up to the Event, and/or at any time during, or after the Event, I (i) receive a test result indicating that I am a carrier of COVID-19 or any mutations and/or derivatives thereof or any infections or illnesses related thereto or resulting therefrom (collectively, “COVID-19), (ii) begin to experience any symptoms of COVID-19 as identified by the Centers for Disease Control and Prevention including, without limitation, shortness of breath, chest pain, loss of taste and/or smell, coughing, fever or chills, muscle or body aches, headache, sore throat, congestion or runny nose, nausea or vomiting, headache, diarrhea, and tiredness (collectively, the “Symptoms”), or (iii) knowingly come in contact with anyone who has (or who I have any reason to believe may have) tested positive for COVID-19 and/or experienced or is experiencing any symptoms of COVID-19 including, without limitation, the Symptoms. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough (including mentally healthy enough) to safely participate in the Event and to seek any and all required medical advice, recommendations, and clearances prior to arriving at and participating in the Event, if and as applicable.
2. I agree to be familiar with and abide by the rules and regulations established for the Event, including, but not limited to, the then-current (including at the time of the Event) Competitive Rules adopted by USAT, any directions given to me by officials of the Event and/or by Event Organizer personnel or staff while I am participating in and/or attending the Event, the then-current (including at the time of the Event) Guide to Prohibited Substances and Prohibited Methods of Doping adopted by the United States Anti-Doping Agency (or the successor thereto), as well as any and all federal, state, local laws, rules, regulations, and ordinances and any regulatory guidelines set forth by authorities such as the World Health Organization (WHO) and/or the Centers for Disease Control and Prevention (CDC) (the “Laws and Regulations”). I acknowledge and agree that the Event Organizers may individually or collectively implement certain health and safety policies and procedures in connection with their production of the Event and my participation therein, and through such participation I agree to fully comply with and adhere to such policies and procedures, which may include, without limitation, pre-arrival and on-site COVID-19 testing, regular temperature checks, health questionnaires and screenings, mandatory use of personal protective equipment, social distancing protocols, proof of full course of COVID-19 vaccination, and/or required execution of additional documents, releases, and waivers (the “Event Policies”). I acknowledge and agree that Event Organizers reserve the right to update and revise the Event Policies in their sole reasonable discretion and my obligation to comply therewith as set forth herein shall remain in full force and effect regardless of such changes. I also accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of all of my equipment. I expressly acknowledge and agree that IMC or any officials of the Event and/or Event Organizer personnel or staff may, in their sole discretion, refuse admission to or cause me to be removed from the Event and/or the Event course or venue for any reason, including, without limitation, my objectionable or improper conduct and/or my failure to comply with any applicable laws, rules, regulations, and policies, as set forth in this paragraph.
3. I understand and acknowledge the significant physical, emotional and mental rigors associated with training for, participating in and recovering from triathlon and other multi-sport events, and realize that swimming, cycling, and running and other portions of the Event (including transitions, aid stations, water misting areas, and feed zones) are inherently dangerous and represent an extreme test of a person’s physical and mental limits. I understand that participation in the Event (including, without limitation, transportation to and from the Event venue) involves risks and dangers which include, without limitation, the potential for minor and/or serious bodily injury, permanent disability, paralysis and death or mental trauma; loss or damage of property; exposure to extreme conditions and circumstances; accidents, illness, contact or collision with other participants, spectators, vehicles (including drones or unmanned air vehicles) or other natural or manmade objects; dangers arising from adverse weather conditions (e.g., wind, rain, heat, sun exposures, etc.); imperfect course conditions; natural and manmade water, road and surface hazards; animals, living creatures and other organisms; equipment failure; inadequate safety measures; participants of varying skill levels; medical or emergency aid (or lack thereof); situations and circumstances beyond the immediate control of the Event Organizers; the inherent risk of contracting illness(es) including, without limitation, COVID-19 which exists anywhere people gather and are present, including the Event, becoming a carrier of COVID-19, and/or experiencing any resulting harm(s) including, without limitation, the Symptoms, death, fever, weight loss, irreversible pulmonary respiratory and/or neurological system damage, mental or emotional distress, temporary or permanent disability, loss of income, loss of employment, loss of financial or other opportunities, medical expenses (which may or may not be covered by insurance), cleaning expenses, mandatory self-quarantine, loss of licenses and similar approvals by any regulatory or self-regulatory body to which the Participant or any of the Releasing Parties (as defined below) is subject, investigation and/or prosecution by civil, criminal or other regulatory authorities and other harms and lost opportunities, whether economic, reputational or otherwise (collectively, the “Harms”); other undefined harm or damage which may not be readily foreseeable; and any other presently unknown risks and dangers (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 EVENT, AND/OR THE ACTS, INACTION OR NEGLIGENCE OF THE RELEASED PARTIES (DEFINED BELOW), AND I HEREBY EXPRESSLY ASSUME ALL SUCH RISKS AND RESPONSIBILITY FOR ANY DAMAGES, LIABILITIES, LOSSES OR EXPENSE WHICH I INCUR AS A RESULT OF OR IN CONNECTION WITH MY ENTRY INTO AND PARTICIPATION IN THE EVENT. If I observe any Risks during my presence at, participation in, and/or attendance of, the Event or any portion thereof, I will immediately notify the nearest official and/or personnel of an Event Organizer and use best efforts to remove myself from exposure to the same (to the extent possible given the nature and scope of the Event and each portion thereof). Individually and collectively, the “Released Parties” are: IMC; USAT; Premier; haku App Corporation, the City of San Francisco, California, State of California, U.S. National Park Service (Golden Gate National Recreation Area), Golden Gate Bridge, Highway and Transportation District, Presidio Trust, and the U.S. Coast Guard; the Event promoters, race directors, emergency aid or medical personnel, sponsors, licensors, vendors, suppliers, contractors, and advertisers; local organizing committees; Hornblower Cruises and Events; the venues and property (and rights) owners on which the Event takes place; law enforcement agencies and other public entities providing support for the Event; the Media Parties (hereinafter defined); and each of their respective parents, subsidiaries and affiliated and/or associated companies, officers, directors, partners, shareholders, members, managers, representatives, agents, contractors, and employees.
4. I consent to receive medical treatment which may be necessary or appropriate (as determined by IMC and/or other Event organizer staff or personnel or Event officials or emergency or medical aid personnel, etc.) in the event of any illness, accident, injury or other medical emergency arising out of, resulting from or relating to my participation in the Event, including, without limitation, the Risks. I hereby agree that I will submit to any and all medical testing and other policies and procedures requested by the Event Organizers (including, without limitation, the Event Policies, and will deliver to the Event Organizers, if and as requested, true, complete, and accurate copies of any and all questionnaires, reports, test results, or other information requested by such parties (the “Reports”). I hereby waive any expectation of privacy with respect to the Event Policies and the Reports and acknowledge and agree that the Event Organizers, their affiliates, and their respective representatives may use and disclose the Reports and the results of the Procedures to the fullest extent permitted by law. I understand that I am solely responsible for all costs and expenses related to such medical treatment, including, without limitation, those related to medical transportation and/or evacuation.
5. I HEREBY IRREVOCABLY, UNCONDITIONALLY, COMPLETELY AND FOREVER WAIVE, RELEASE AND DISCHARGE EACH OF IMC AND THE OTHER RELEASED PARTIES FROM ANY AND ALL CLAIMS (DEFINED BELOW) THAT I MAY HAVE HAD OR MAY NOW OR IN THE FUTURE HAVE WHICH ARISE OUT OF, RESULT FROM OR RELATE TO MY PARTICIPATION IN THE EVENT (OR MY INTENT OR DESIRE OR ATTEMPT TO PARTICIPATE IN THE EVENT) AND/OR ANY RESULTING ILLNESS(ES) OR HARM(S), INCLUDING, WITHOUT LIMITATION, THE RISKS AND ANY CLAIMS THAT ARISE OUT OF, RESULT FROM OR RELATE TO THE NEGLIGENCE OF ANY RELEASED PARTY. I hereby acknowledge and agree that this waiver, release and discharge includes all injuries and damage to person and/or property whatsoever, including, without limitation, economic injuries or loss of time, whether known or unknown, foreseen or unforeseen, fixed or contingent. For purposes of this Agreement, the term “Claims” means any and all liens, claims, demands, actions, causes of action, lawsuits, proceedings, debts, liabilities, losses, damages, fines, penalties, judgments, settlements, costs, expenses and other obligations (including attorneys’ fees) of any kind, nature, character or description whatsoever, whether known or unknown, foreseen or unforeseen, fixed or contingent. I HEREBY COVENANT NOT TO SUE AND AGREE TO FOREVER REFRAIN FROM COMMENCING, INSTITUTING, PARTICIPATING IN AND/OR PROSECUTING ANY ACTION, LAWSUIT (INCLUDING, WITHOUT LIMITATION, A CLASS ACTION) OR PROCEEDING AGAINST ANY OF THE RELEASED PARTIES FOR ANY CLAIMS THAT I MAY HAVE HAD OR MAY NOW OR IN THE FUTURE HAVE WHICH ARISE OUT OF, RESULT FROM OR RELATE TO MY PARTICIPATION IN THE EVENT (OR MY INTENT OR DESIRE OR ATTEMPT TO PARTICIPATE IN THE EVENT), INCLUDING, WITHOUT LIMITATION, THE RISKS. I hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all Claims, including without limitation those that may be asserted by a third party against any of the Released Parties which may arise out of, result from or relate to my participation in the Event (or my intent or desire or attempt to participate in the Event), including, without limitation, the Risks (including those pertaining to COVID-19 and/or any resulting Harm(s)), my breach or failure to abide by any of USAT’s Competitive Rules, the Laws and Regulations, the Event Policies, my actions or inactions which cause injury or damage to any other person, and for all Claims that otherwise arise out of or result from, directly or indirectly, in whole or in part, without limitation, my breach or failure to abide by any part of this Agreement, my Participant Content and/or any use by any party of the same for any purpose whatsoever.
6. In furtherance of this Agreement, including the waiver, release and discharge set forth directly above, I hereby expressly waive and release to the fullest extent any right or benefit that I may have held and/or that I may now and/or in the future hold under Section 1542 of the California Civil Code, which provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Notwithstanding the provisions of this Section 1542, and for the purpose of implementing a full and complete release and discharge of the Released Parties, I hereby acknowledge that (a) I am aware that I may hereafter discover facts in addition to and/or different from those which I know or believe to be true at the time of executing this Agreement with respect to my participation in the Event (or my intent or desire or attempt to participate in the Event), including, without limitation, the Risks, and therefore I expressly assume all risks associated therewith, (b) that it is my intention to hereby fully, finally and forever release the Released Parties from any and all Claims, known or unknown, foreseen or unforeseen, fixed or contingent, which have existed, now exist and/or may hereafter exist in my favor which arise out of, result from or relate to my participation in the Event (or my intent or desire or attempt to participate in the Event), including, without limitation, the Risks, (c) that this Agreement is intended to include in its effect all claims that I may have against the Released Parties which I do not know or suspect to exist in my favor at the time of executing this Agreement and which, if known or suspected, would materially affect my decision to execute this Agreement, regardless of whether the lack of knowledge is the result of ignorance, oversight, error, negligence or any other cause, and (d) that this Agreement contemplates the extinguishment of any and all such claims.
7. I hereby acknowledge and agree that no representations or warranties of any kind whatsoever have been made or will be made to me by the Event Organizers or any of their affiliates or any of their affiliates’ representatives with respect to the Event and my participation therein (and I expressly disclaim reliance on representations and warranties of any person with respect to the Event and/or my participation therein) including, without limitation, regarding the testing of other participants, attendees and/or service providers or sanitizing protocols being used in connection with the Event or compliance with social distancing or other guidelines issued by the CDC or any other regulatory or self-regulatory organizations with respect to COVID-19, and I am participating in the Event at my own risk.
8. I hereby expressly, irrevocably and unconditionally grant IMC and, upon due authorization by IMC, any affiliates, licensees, vendors, suppliers, contractors, sponsors (including, without limitation, FinisherPix), or agents thereof (the “Media Parties”) the right to interview, photograph and/or record me and/or use my picture, silhouette, image and/or other photographs, recordings and/or reproductions of my physical likeness or any other aspect of me, my likeness, or my indicia, my interview, statements, opinions, and/or testimonials, and my name, biography, USAT profile, Event statistics (e.g., age, splits, total time, etc.), recordings of my voice, and other identification (and make any changes, alterations, etc. thereto) (the “Participant Content”) in connection with IMC, the Media Parties, and/or the Event or any portion or aspect thereof (including, without limitation, in promotional campaigns, merchandising, advertising, or editorial use) or for any other purpose, worldwide and in perpetuity, in and on any media including, without limitation, theatre or other exhibition, television, Internet, mobile phone, and/or in the advertising and/or publicizing of IMC, the Media Parties, the Event and/or any other purpose. I understand that I will not be paid for any of the foregoing rights or uses and that the Media Parties do not require and shall not seek my approval at any time in connection with such use. I agree that the Participant Content may be used alone, with each other, and/or with captions, film, artwork, audio track, photographs, or any other material I acknowledge that IMC has entered or will enter into agreements with various sponsors of the Event (each, a “Sponsor”). In IMC’s sole discretion, IMC may display Sponsor signage, logos, advertising messages, publicity and other promotional materials (“Event Sponsor Materials”) in connection with the Participant Content. In addition, IMC may display Event Sponsor Materials on print and digital media that promote the Event related events and/or digital platforms, including but not limited to websites and mobile applications that feature, promote or provide information and the Participant Content.
I hereby affirm that any statements or opinions expressed by me in or in connection with my Participant Content shall be a true and accurate reflection of my knowledge and opinions. I hereby waive any right that I may have to inspect and/or approve the Participant Content, including but not limited to the copy that may be used in connection therewith. I acknowledge and agree that the Participant Content is a work-for-hire within the meaning prescribed by the US Copyright Act (the “Act”), title 17, US Code. IMC will be considered the “author” of the Participant Content for the purposes of the Act and all applicable rights in and to such Participant Content will vest to IMC in accordance with the same.
I hereby release the Released Parties from any and all liability arising out of the aforementioned use of the Participant Content, including, but not limited to, any blurring, distortion, alteration, optical or auditory illusion that may occur or be produced in or by the taking, reproduction, broadcast, publication, processing, or any other display of the Participant Content. I further agree that the Released Parties are under no obligation to use the Participant Content in any way.
I represent and warrant that this consent does not in any way conflict with any existing commitment that I have or may have and that my grant of rights in and to the Participant Content as outlined herein and the subsequent use thereof does not and shall not violate the rights of any third party.
I have been advised and understand that Outside Interactive, Inc. (operating under its FinisherPix brand) has been engaged by IMC to capture and offer for sale photographs of all participants’ participation in the Event and that, in connection with the foregoing, Finisher Pix collects, retains, uses, analyzes, and shares with its vendors (exclusively for the limited purposes necessary to provision its Services) event photographs using facial recognition software. This software is used to offer you the opportunity to acquire photographs of your participation in the event on its website, FinisherPix.com (the “Services”). Where applicable, under relevant laws, this use of facial recognition technology may constitute the collection of your biometric identifier or biometric information. By registering for this event and executing this Agreement, I consent to: (a) the collection, use and storage of a scan of face geometry by FinisherPix and its relevant vendors; and (b) FinisherPix disclosing any scan of face geometry to its vendors for use, analysis and storage solely for the purposes of FinisherPix’s performance of the Services, and for no other reason. The consents provided herein may be revoked at any time by contacting FinisherPix in writing at support@finisherpix.com and notifying them of such revocation.
9. I UNCONDITIONALLY AND IRREVOCABLY AGREE ON BEHALF OF MYSELF AND EACH OF MY SUCCESSORS, HEIRS, AND ASSIGNS THAT ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR TO THE CLAIMS, INCLUDING WITHOUT LIMITATION, ALL CLAIMS BASED IN CONTRACT OR TORT, SHALL BE SUBMITTED TO ARBITRATION AND RESOLVED CONFIDENTIALLY BY A SINGLE ARBITRATOR (WHO SHALL BE A RETIRED JUDGE) IN ACCORDANCE WITH THE APPLICABLE COMMERCIAL ARBITRATION RULES OF JAMS THEN IN EFFECT. IN ADDITION, ALL QUESTIONS REGARDING THE ARBITRABILITY OF THE DISPUTE, INCLUDING WHETHER I HAVE AGREED TO ARBITRATE THE DISPUTE, SHALL BE DECIDED BY SUCH ARBITRATION. ALL ARBITRATION SHALL TAKE PLACE AT A JAMS OFFICE LOCATED IN LOS ANGELES, CALIFORNIA. I IRREVOCABLY AND UNCONDITIONALLY CONSENT TO PERSONAL JURISDICTION IN CALIFORNIA AND VENUE IN LOS ANGELES, CALIFORNIA, IN ANY ACTION, INCLUDING WITHOUT LIMITATION, PETITIONS TO COMPEL ARBITRATION AND TO ENFORCE THAT ARBITRATION AWARD, CONCERNING A DISPUTE BETWEEN THE PARTIES RELATING TO THIS AGREEMENT. JUDGMENT ON THE ARBITRATOR’S AWARD SHALL BE FINAL AND BINDING, AND MAY BE ENTERED IN ANY COMPETENT COURT. I EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL ANY CLAIM RELATED TO THIS AGREEMENT OR THE EVENT BE CONSOLIDATED OR JOINED WITH OR IN ANY OTHER PROCEEDING INVOLVING A CLAIM OF ANY OTHER PERSON, INDIVIDUAL OR ENTITY.
10. CANCELLED AND RESCHEDULED EVENTS, TRANSFERS, DEFERRALS & REFUNDS: The Escape from Alcatraz Triathlon policy on cancelled and rescheduled events, deferrals, transfers, and refunds can be found at https://www.escapealcatraztri.com/race-information/frequently-asked-questions. IMC reserves the right to revise or update these policies at any time in its sole discretion.
11. By submitting my registration for the Escape from Alcatraz Triathlon and digitally signing (i.e., electronically selecting the check box with the text, “I agree”) this Agreement, I hereby acknowledge, represent and/or warrant (as applicable) that I: have read this entire Agreement carefully; understand this Agreement’s terms and conditions; have the legal capacity to enter into this Agreement (or, if applicable, that I have acquired the consent of my parent or guardian (who has the legal capacity and authority to digitally sign this Agreement on my behalf)); am legally able to travel to the United States of America, if I reside in a country outside of the United States of America, and participate in the Event; will be giving up substantial legal rights by entering into this Agreement (including, as applicable, certain rights of my spouse; children; parents; guardians; heirs and next of kin; and legal and personal representatives, executors, administrators, successors and assigns); and have entered into this Agreement freely and voluntarily, without any inducement, coercion, duress, assurance or guarantee, and intend for the digital signature (i.e., electronic selection of the check box with the text, “I agree”) of this Agreement to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement (including those set forth in the paragraphs below). I acknowledge and agree that the respective representations, warranties, promises, agreements, rights and obligations set forth in this Agreement shall survive the conclusion of the Event. This Agreement represents the complete understanding among myself, the Event Organizers and the other Released Parties regarding the subject matter of this Agreement and no oral representations, statements or inducements have been made apart from this Agreement. In the event of conflict, I expressly acknowledge and agree and intend that this Agreement shall supersede any other prior, contemporaneous or subsequent agreement related to the Event between or among myself and any Event Organizer or Event related party (other than IMC) specifically concerning my similar release or waiver of liability related to my participation in the Event (e.g., one requested by USAT or haku App Corporation (or an affiliate thereof)), notwithstanding any language set forth therein. This Agreement shall inure to the benefit of any the respective successors and assigns of the Event Organizers, and/or any other parties who become Event Organizers. For the avoidance of doubt and without limitation, I further hereby agree that the Released Parties are beneficiaries of this Agreement (in each case, to the extent set forth herein) and that each of the Released Parties may enforce the provisions of this Agreement of which it is expressly identified as a beneficiary. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provision. This Agreement will be governed by and shall be interpreted according to the laws of the State of California exclusively without regard to principles of conflicts of laws.
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