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Terms and Conditions  −  Cairns Ironman Swim Recce with Local Tri Coach - Renee Ker

By purchasing a ticket you agree to the waiver as listed below .
I hereby affirm that I am voluntarily engaging in instruction in physical fitness and performance training (Triathlon or other Multisport Activities). I am voluntarily participating in the Activity entirely at my own risk.

I acknowledge that I have carefully read this form and fully understand that it is a release of liability. I expressly agree to release and discharge the trainer or instructor from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I may otherwise have to bring a legal action for personal injury or property damage.

TO: TriMotivate, owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns (hereinafter referred to as “TriMotivate,”) DEFINITIONS: In this agreement: a) The term “ATHLETIC ACTIVITY OR “ATHLETIC ACTIVITIES” includes but is not limited to personal training, fitness classes, team or individual events, fitness assessments, use of facilities, observation of athletic activities, strength conditioning, fitness testing, plyometric training, interval training, bodyweight conditioning, weight training, running on treadmills, trails, grass, roads, tracks or sidewalks, swimming in pools, oceans and lakes, open water kayaking, cycling on road, track, indoor cycling trainers and roller cycling trainers, sports, and programs, clinics, camps, seminars, races and events and services provided to the athlete by TriMotivate,. b) The term “INJURY” shall refer to all forms of physical, mental, and emotional injury in any way related to athletic activity and transportation activities including, but not limited to: death, breaks, strains, lacerations, dislocations, exercise induced rhabdomyolisis, heart failure, concussion, frostbite, hypothermia, heat illness, dehydration, trauma, anxiety, and fears.

DISCLAIMER: TriMotivate and their owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, venues, representatives, successors and assigns (hereafter referred to as TriMotivate) are not responsible for any death, injury, loss, or damage of any kind suffered by any person while participating in any athletic activity and use of TriMotivate facilities, public and/or third party facilities, participating in or watching TriMotivate activities, caused in any manner whatsoever including, but not limited to, the negligence of TriMotivate. I am aware that athletic activities have inherent dangers and risks including but not limited to the potential for serious personal injury or death caused by any TriMotivate athletic activities or any condition of the facilities used or equipment of TriMotivate, some of which include: a. Transient light-headedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain, discomfort, fatigue, nausea, heart failure, exercise induced rhabdomyolisis, and so forth; b. All manner of injury resulting from slipping or falling while cycling, jumping, skipping, running, walking, lifting, climbing, stepping and impacting against the floor, ground, walls, equipment, outdoor object, step, other athletes, or any permanent or temporary fixtures or equipment, vehicles or objects.; c. Abrasion, entanglement, lacerations, bruising, dislocation, and other injuries resulting from activities in public areas, or third party venues used by TriMotivate for the purpose of coaching and social interaction; d, Death, injury or illness caused by wildlife.

And, I do hereby further acknowledge and agree: a. That the athletic activities I am participating in requires a moderate to high degree of effort, are designed to be high intensity, and are intended to maximally challenge my cardiovascular endurance, stamina, strength, flexibility, speed, power, coordination, agility, balance, and accuracy; b. That I will honestly represent my level of fitness, health, nutrition, use of medication, medical history, and current physical, mental, and medical condition to TriMotivate; c. That although TriMotivate takes steps to reduce the risks and increase the safety of all athletic activities, it is not possible for TriMotivate to make these athletic activities completely safe; d. That I am personally responsible for my preparation prior to athletic activities, my concentration and attention during these athletic activities, and for my post activity rest and recovery; e. That I will learn and obey the rules and regulations of TriMotivate, and that I will follow the instructions and directions of TriMotivate during athletic activities; f. That I will inform TriMotivate immediately should I feel any pain, discomfort, fatigue, nausea or other symptoms that I may suffer during and immediately after athletic activities. g. That I may stop participating at any time and that I may be directed to stop by TriMotivate should I display noticeable signs of distress. h. That I consent to receive first aid and medical treatment by the TriMotivate in the event of an accident, injury or illness during athletic activity. i. That TriMotivate may videotape, audiotape, or photograph you for instructional and promotional purposes without payment of any kind to you and without further notice to you or permission from you.

I agree to ensure I am a current member of Triathlon Australia and understand this is a condition of training in any athletic activities with TriMotivate. I agree to advise TriMotivate immediately should my Triathlon Australia membership be void, lapsed or not current.

Release of Liability, Waiver of Claims, Assumption of Risk, Indemnity Agreement, and Jurisdiction Agreement RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of TriMotivate, allowing me to participate in TriMotivate Athletic Activities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows: 1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against TriMotivate and its owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, supporters, successors and assigns (all of whom are hereinafter referred to as the “RELEASEES”) and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in climbing and transportation activity, DUETO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ATHLETIC ACTIVITIES; 2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Athletic Activities; 3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any costs they may incur for medical costs, emergency transportation, and litigation resulting from my participation in Athletic Activities; 4. That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity; 5. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of QLD Australia and no other jurisdiction; and 6. Any litigation involving the parties to this Agreement shall be brought solely within QLD and shall be within the exclusive jurisdiction of the Courts of QLD. In entering into this Agreement I am not relying on any oral or written representations or statements made by TriMotivate with respect to the safety of athletic activities other than what is set forth in this Agreement.



I CONFIRM THAT I AM THE FULL AGE OF EIGHTEEN (18) YEARS AND I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TOSIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST TRIMOTIVATE PERFORMANCE TRIATHLON COACHING AND COACHES ENGAGED


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