TMB Team Waiver
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND
CONSENT AGREEMENT (“AGREEMENT”)
IN CONSIDERATION of being permitted to participate in any way in TMB Team Activities
(“Activity”) I, for myself, my personal representatives, assigns, heirs, and next of kin:
ACKNOWLEDGE, agree, and represent that I understand the nature of Triathlon Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further acknowledge that the Activity will be conducted over public roads and facilities open to the public during the Activity and upon which the hazards of traveling are to be expected. I further agree and warrant that if, at any time, I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
- FULLY UNDERSTAND that: (a) Triathlon ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“RISKS”); (b) these Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASES” NAMED BELOW; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in the Activity.
- HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE TMB Tri Team, their administrators, directors, agents, officers, members, volunteers, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activity takes place, (each considered one of the “RELEASEES” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.
This waiver and release shall be interpreted and controlled by New Jersey law and any lawsuit concerning this waiver and release, personal injuries or property damage shall be brought only in New Jersey.
Group Workout Guidelines & Waiver of Liability
- Participant must read and sign this document and return it to the ride leader in person or electronically prior to your first ride.
- Do not participate in any workouts if you are sick or feeling ill, or have been exposed to someone feeling ill recently. Please report to me if you’ve had any contact with a COVID positive person.
- When gathering at the meeting place, proper distancing of at least 6 feet should be maintained. Face coverings are optional if you are maintaining a safe distance.
- There will be a limit of 15 riders in a group. Larger groups will be divided into smaller groups and an additional ride leader(s) may be identified. Each group will leave no sooner than 5 minutes after the previous group. Groups should not rejoin one another during the ride.
- Proper distancing of at least 6 ft should be maintained at the meeting place, rest stops, red lights, stop signs, etc. Wearing a face mask at a rest stop is highly recommended.
- Absolutely NO spitting or expelling fluids from your nose or mouth. If you must, please make sure you are at the back of the group and out of everyone’s way. Best to bring tissues and dispose of them properly.
- All riders must carry a face covering and it’s strongly recommended to carry hand sanitizer.
- You must carry personal identification (including emergency contact information). Road ID’s are highly recommended.
- Helmets are required to join any of the group rides. If you do not have a helmet you will not be allowed to ride with the group.
- A bike in good working condition is also required. If your brakes or other components are not functioning properly it can endanger the entire group.
- A headlight and taillight are strongly recommended.
- Ride leaders have the right to ask any rider to leave the ride when guidelines are not followed.
By participating in the TMB group workouts you acknowledge that:
- Triathlon is inherently dangerous and that riding in a group can increase your chances of contracting COVID-19.
- You will take reasonable precautions to minimize the spread of the COVID-19 and that you will conduct yourself in accordance with TMB guidelines as well as the recommendations of public health officials.