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New Member Application

Waiver:

By checking the box below, you agree, warrant and covenant as follows:

            By my signature below, I hereby acknowledge that the Chicago Tri Club (“CTC”) may sponsor, promote or otherwise engage in strenuous activities which are beyond the capability of most people, and may cause minor, severe and/or permanent injuries or death to those people that are not in sufficient physical fitness, training and/or experience.  I will make my own determination as to whether or not I am able to safely participate in any such activity.  I recognize that CTC has not, and will not evaluate my ability to participate in any athletic event.  I also recognize that any advise dispensed through the club may not be appropriate for me, and it is my responsibility to make this determination.

            I acknowledge that triathlon training and events are extreme tests of a person’s physical and mental limits and carry with them, regardless of physical fitness or experience, the potential for death, serious injury and property loss.  I hereby assume the risks of participating in triathlon training and events.  I certify that my level of physical fitness is appropriate to participate in the level of training in which I will voluntarily undertake.  I certify that I will only participate in CTC training and events for which I have sufficiently trained and that I have not been advised against participation by a qualified health care professional.

            I, for myself, my past, present and future agents, attorneys, representatives, predecessors, successors, assigns, heirs and executors, do hereby waive, release and discharge the Chicago Tri Club, its past, present and future officers, directors, agents, attorneys, any members other than myself, parents, subsidiaries, predecessors, successors, affiliates, assigns and sponsors, and representatives (the “CTC Parties”) from any any and all matter of liability, claims for damages, causes of action, suits, proceedings, compensation, attorneys’ fees, costs and expenses of suits, claims and demands whatsoever, which may arise in the future from my participation in any event which is in any way affiliated with the club, including, but not limited to any and all claims, losses or liabilities for death, personal injury, partial or permanent disability, property damage, medical or hospital bills, theft or damage of any kind, including economic losses, which may in the future arise out of or relate to my participation in or traveling to and from a CTC event.  I acknowledge that there may be traffic, persons, dangerous or adverse road conditions, water hazards, marine wildlife or submerged objects on any route, course or area designated for a CTC event, and hereby assume the risk related thereto of participating in a CTC event.  I hereby assume any and all other risks associated with participating in CTC events and/or training, including contact or effects of other participants and effects of weather including heat and humidity.

            I AGREE NOT TO SUE any of the CTC Parties for any and all claims made or liabilities assessed against them as discharged herein.  I INDEMNIFY AND HOLD HARMLESS the CTC Parties from any and all claims made or liabilities assessed against them as a result of (i) my actions or inactions (ii) the actions, inactions or negligence of others including those parties hereby indemnified (iii) the conditions of the facilities, equipment or areas where the event or activity is being conducted and (iv) any other harm caused by an occurrence related to a CTC event.

            I GRANT PERMISSION for the use of my name and/or likeness relating to my participation in a CTC event and I WAIVE all rights to any future compensation to which I may otherwise be entitled as a result of the use of my name or likeness.

            I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER, I HAVE READ THIS DOCUMENT AND I UNDERSTAND ITS CONTENTS.
            1. Authority to Register and/or to Act as Agent. You represent and warrant to PayPal, Inc. ("PayPal") that you have full legal authority to complete this event registration on PayPal, including full authority to make use of the credit or debit card to which registration fees will be charged. In addition, if you are registering third parties, you represent and warrant that you have been duly authorized to act as agent on behalf of such parties in performing this event registration. By proceeding with this event registration, you agree that the terms of this Registration Agreement shall apply equally to you and to any third parties for whom you are acting as agent. Compliance with Children's Online Privacy Protection Act (COPPA). You represent and warrant that, in compliance with COPPA, you are over thirteen (13) years of age, and that if you are registering a child under fourteen (14) years of age you are the parent of such child, and do hereby consent to the collection of such child's personal information by PayPal.

            2. Limitation of Liability; Disclaimer of Warranties. PayPal SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE PayPal OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH PayPal OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF PayPal HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF PayPal IS AT YOUR SOLE RISK. PayPal IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PayPal EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

            PayPal makes no warranty that the PayPal sites' services will be uninterrupted, secure or error free. PayPal does not guarantee the accuracy or completeness of any information in, or provided in connection with, the PayPal sites. PayPal is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the PayPal sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.

            3. Indemnification. You agree to indemnify and hold each of PayPal and its officers and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of PayPal or the violation of any term of this Liability Waiver or the PayPal Terms of Service by you.

            4. Applicable Law; Consent to Jurisdiction. The PayPal sites (excluding linked sites) are controlled by PayPal from its offices within the State of California, United States of America. By completing this event registration, both you and PayPal agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration, this Liability Waiver, or other use of the PayPal sites. You agree that exclusive jurisdiction for any dispute with PayPal resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any dispute including any claim involving PayPal or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

            5. Severability. If any provision of this Liability Waiver shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Liability Waiver and shall not affect the validity and enforceability of any remaining provisions.

            6. Synapse shall only use any Personal Identifying Information (as defined below) for the purpose of order processing, fulfillment, customer service, and renewal purposes. Synapse shall not use any Personal Identifying Information for marketing or solicitation purposes or for any other purpose not explicitly permitted in this Agreement. "Personal Identifying Information" shall include any information about users of PayPal's website provided to Synapse by PayPal or any information provided to Synapse by registrants, magazine subscribers or other users of PayPal's website.

Code of Conduct:

As a means to promote the highest quality of conduct of its members, the following constitutes the Code of Conduct which shall be adhered to by all members of the Chicago Tri Club ("CTC").

1. Every member of CTC shall refrain from:

A. Exercising conduct adverse to CTC or any of its members or sponsors in any way, including, but not limited to, the communication of any false, misleading, inflammatory, insulting, degrading, unprofessional or attacking material, regardless of whether such communication is made orally, in writing, on CTC's message board, on any other message board or chat room, or otherwise ("conduct adverse to CTC" does not include any member's participation or membership with any non-CTC training group, coach, club or the like, in and of itself);


B. Acting in a way which violates any criminal laws of the State of Illinois or the United States, and which action is in any way related to CTC or any of its members or sponsors, regardless of whether formal charges are ever instituted against the individual;


C. Acting in a way which violates any civil laws of the State of Illinois or the United States, and which action is in any way related to CTC or any of its members or sponsors, regardless of whether formal suit is ever instituted against the individual;


D. Violating standards of conduct as stated in the CTC Code of Ethics, which is stated as follows:


a. All CTC members will act honorably, honestly and in a sportsmanlike manner with respect to anything related to CTC or triathlon;
b. All CTC members while racing shall act in a manner that is not offensive to any other individuals, including officials, participants, spectators and volunteers;
c. All CTC members will uphold principles of honesty and integrity;
d. No CTC members shall use the name and trademarks of CTC unless specifically authorized by CTC, nor will any members encourage others to act without such authorization.

2. Any member of CTC who is alleged to have violated any provision of section 1 above may be subject to restriction on membership in the form of reprimand, suspension or expulsion under the following process:

A. Before the restriction is imposed, any member facing such a violation may present his or her written position on the alleged violation to the Board of Directors, and such position, if presented, must be presented to the Board within 7 days after CTC's initial email or verbal notice to the member of the allegations or it is deemed waived;


B. If a member desires to present his or her oral position regarding the violations, he or she may so request in writing to the President or Vice President, and the request to present an oral position, if requested, must be presented to the Board within 7 days after CTC's initial email or verbal notice to the member of the allegations or it is deemed waived. If the opportunity to make an oral statement regarding the violations is timely requested by the member, the member will have an opportunity within 7 days after such request to present his or her position orally (in person, by phone, or a combination thereof, at CTC's discretion) to a majority of the Board of Directors;


C. A quorum of the Board of Directors (a majority of the then-sitting Board) shall vote on whether the member should be suspended or expelled from CTC or reprimanded. A majority vote of the Directors present at such vote shall be required for any action. A Director shall be deemed to be present for purposes of the quorum if such Director participates in person or by electronic means, including, but not limited to, telephone conference, video conference or electronic mail.


D. A written application for re-admission from an individual whose membership is either suspended or ended by expulsion may be presented to the Board of Directors may present one written application to the Board of Directors for re-admission no earlier than one year after the expulsion or suspension has taken effect. The Board of Directors shall vote on such application under the quorum and vote process described in Section 2.C. above. The Board of Directors may place any restrictions on any allowed re-admissions in its sole discretion.


3. Any person may bring a complaint as to a violation of section 1 above to any member of the Board of Directors or to the President or Vice President. Complaints shall be in writing and may be in any form, including email.

I agree to the waiver & the code of conduct above.