Event Terms & Conditions

Terms & Conditions - Assumption of Risk and Indemnity Agreement

By registering and participating in the 2010 Miami Nice Triathlon - "the Event", which takes place next June 5 & 6 2010, and August 28 & 29 20010, in the City of Miami, Florida, you - "the Athlete" - agree to:

1. I hereby represent that (i) I am in good health and in proper physical condition to participate in the Event; and (ii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event.

2. I understand and acknowledge the physical and mental rigors associated with triathlon, duathlon, or other multi-sport events, and realize that running, bicycling, swimming and other portions of such Events 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, the potential for serious bodily injury, permanent disability, paralysis and death; loss or damage to property; exposure to extreme conditions and circumstances; accidents, illness, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined harm or damage which may not be readily foreseeable, and other presently unknown risks and dangers (“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, 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 expenses which I incur as a result of my participation in the Event.

3. I agree to be familiar with and abide by the Rules and Regulations established for the Event, including but not limited to the Competitive Rules adopted by USAT and the Guide to Prohibited Substances and Prohibited Methods of Doping adopted by the United States Anti-Doping Agency. I also accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment.

4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: USAT, Excel Events & Productions LLC (the Event Organizers) and Promoters, Race Directors, Sponsors, Advertisers, The City of Miami (Host City), The City of Key Biscayne, Local Organizing Committees, Venues and Property Owners upon which the Event takes place, Law Enforcement Agencies and other Public Entities, such as Miami-Dade County Public Schools - MAST Academy, Miami-Dade County - Parks and Recreation Department, and all other organizations providing support for the Event, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), 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 my participation in the Event, 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 which any may be incurred as the result of such claim.

5. I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this 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, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

6. I consent and agree that still photographs, motion pictures, or television presentations in the form of either live or video tape may be made of myself and my guests by the Event. This release gives the Event Organizers the right to use the above-listed visual material in conjunction with the promotion, organization, and production of the Event. Further, I hereby release the Event Organizers and forever discharge any claim of any nature against them as long as the material is used in compliance with the above stated.

7. Registering for the Event constitutes the acceptance of the terms and conditions set above, including acknowledging that any REGISTRATION FEES PAID FOR THIS EVENT ARE NON-REFUNDABLE AND NON-TRANSFERABLE. However, in the event you cannot race, you may request a DEFERRAL to next year's Event. Please use the contact info page in this website or email your deferral request directly to events@excel.us.com, including your full name as your have registered. Your deferral request must be received no later than MAY 14 2010 (for the JUN 6 race) or AUG 2 2010 (for the AUG 29 race). A deferral processing fee may apply. After the deadline we reserve the right to reject any deferral requests, as all resources will have been allocated to the event.