The Legal Stuff
For 2018 we have moved all of our terms and conditions of membership online. Nothing for you to print, nothing for us to collect.
Spoiler alert: This page is long and includes five important sections
- Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement
- Consent for Emergency Medical Treatment
- Photo, Video and Audio Release
- Athlete and Parent Code of Conduct
- Agreement and Submission
Team membership is not complete nor may an athlete participate in any High Performance, Competition or Development Team activity until the form below is completed and submitted.
If you have any questions please email Coach Brian.
1. Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement
Please read carefully. This agreement includes a release of liability and waiver of legal rights and deprives you of the right to sue One Two Three Events, LLC (dba Mini Cow Tri and/or MC Elite, hereafter “Mini Cow”) and other parties. Do not sign this agreement unless you have read it in its entirety. Seek the advice of legal counsel if you are unsure of its effect.
In consideration of Mini Cow and its coach(es), administrators, volunteers allowing me to participate in Mini Cow activities, either as an athlete or in any other capacity, official or unofficial: I, for myself and/or 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 make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (hereafter the “Agreement”).
- I hereby represent that (i) I, and/or the minor on behalf of whom I am accepting responsibility (hereafter “minor(s)”) am in good health and in proper physical condition to participate in Mini Cow; and (ii) I, and the minor(s), are not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in Mini Cow. I agree that it is my sole responsibility on my own behalf and the minor(s) to determine whether I and/or the minor(s) are sufficiently fit and healthy enough to participate in Mini Cow.
- I understand and acknowledge the physical and mental rigors associated with triathlon, or other multisport events and training, and realize that swimming, bicycling, running and other portions of Mini Cow activities 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 athletes, 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; athletes of varying skill levels; situations beyond the immediate control of Mini Cow, coach(es) or event organizers; and other undefined harm or damage which may not be readily foreseeable, and other presently unknown risks and dangers (hereafter “Risks”). I understand that these Risks may be caused in whole or in part by my own actions and or those of the minor(s), the actions or inactions of others, 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 or the minor(s) participation in Mini Cow.
- I agree to be familiar with and abide by the Rules and Regulations communicated by coach(es), and/or established for any triathlon training or event, including but not limited to the Competitive Rules adopted by USA Triathlon and the Guide to Prohibited Substances and Prohibited Methods of Doping adopted by the United States Anti-Doping Agency. I accept sole responsibility for myself and the minor(s) condition and adequacy of equipment while participating in Mini Cow.
- I hereby release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless the following parties: USA Triathlon, Mini Cow, Coaches, Administrators, Directors, Club Organizers and Promoters, Sponsors, Advertisers, Host Training Facilities, Local Organizing Committees, Venues and Property Owners upon which Mini Cow activities or Events take place, Law Enforcement Agencies and other Public Entities providing support for Mini Cow, 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”) 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 (hereafter “Liability”) which may arise out of, result from, or relate to my and/or the minor(s) participation in Mini Cow, 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, the minor(s), 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 may be incurred as the result of such claim.
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(s), my spouse, children, parents, guardians, heirs and next or 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.
2. Consent for Emergency Medical Treatment
I, the undersigned parent or legal guardian of the child indicated below, a minor, authorize Mini Cow personnel to obtain medical treatment or supervision deemed necessary for my child. It is understood that this authorization is given in advance of any specific diagnosis, treatment or hospital care being required. It is understood every effort shall be made to contact the undersigned prior to rendering treatment, but treatment will not be withheld if the undersigned cannot be reached.
3. Photo, Video and Audio Release
I, the undersigned parent or legal guardian of the child indicated below, a minor, permit Mini Cow to photograph, video and/or audio record my child for media use and publications. I give my permission for the reproduction, sale, copyright, exhibition, broadcast, transfer to other mediums and/or distribution of said photograph, video or audio, in whole or in part without limitation or compensation. I understand that photographs, video and audio are the copyright of its creator.
4. Athlete and Parent Code of Conduct
One Two Three Events, LLC (dba Mini Cow Tri and/or MC Elite, hereafter “Mini Cow”) is committed to promoting an environment that is free from harassment and violence in any form, verbal or physical intimidation, vandalism, drug, alcohol or tobacco use, gambling, and inappropriate language.
These policies apply to all athletes, coaches, parents, Mini Cow officials or administrators, and spectators. These policies shall be enforced at all Mini Cow activities including but not limited to practices, meetings, events, clinics, and camps whether or not they are USA Triathlon sanctioned and regardless of location.
Mini Cow will not discriminate on the basis of disability. Mini Cow will provide persons with disabilities the opportunity to participate in team activities, provided such participation does not threaten the health or safety of others.
Mini Cow reserves the right to exclude an individual's participation in a team activity in order to comply with applicable law.
Types of Prohibited Behavior
The following behaviors are prohibited. Any behavior that is not listed but violates the general spirit and intent of this Code of Conduct is also prohibited and subject to the same sanctions as described below. These behaviors are prohibited whether they are verbal, physical or electronic actions.
- Assault is defined as either (1) an act done with intent to cause fear in another of immediate bodily harm or death; or (2) the intentional infliction of or attempt to inflict bodily harm upon another; or (3) the threat to do bodily harm to another with the present ability to carry out the threat.
- Harassment includes verbal, physical and/or electronic conduct that denigrates or demonstrates hostility or aversion to an individual because of his or her race, color, creed, religion, sex, national origin, or any other protected class status defined by local, state, or federal law, or that of his or her relatives, friends or associates, and that: (1) has the purpose or effect of creating an intimidating, hostile or offensive environment; (2) has the purpose or effect of unreasonably interfering with an individual's participation in a Mini Cow activity; or (3) otherwise adversely affects an individual's opportunity to participate in a Mini Cow activity. Harassment may consist of epithets, slurs, negative stereotyping, threatening or intimidating acts, as well as written or graphic material, including, but not limited to, jokes and/or pranks.
- Racial Violence is a physical act of aggression or assault upon another because of, or in a manner reasonably related to, race.
- Religious Violence is a physical act of aggression or assault upon another because of, or in a manner reasonably related to, religion.
- Sexual Harassment is a form of sexual discrimination that includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of participation in a Mini Cow activity; (2) submission to or rejection of such conduct by an individual is used as a fact or decision affecting the individual's participation in a Mini Cow activity; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's participation in a Mini Cow activity.
- Sexual Violence is a physical act of aggression that involves the touching of another's intimate parts, either above or underneath the other person's clothes, or forcing another to touch one's intimate parts, either above or underneath one's clothes. Intimate parts include the primary genital area, groin, inner thigh, buttocks, or breast of a human being. Sexual violence is a crime. Sexual violence may include, but is not limited to, (1) touching, patting, grabbing or pinching another person's intimate parts, either same sex or opposite sex; (2) coercing or forcing sexual touching on another; (3) coercing or forcing sexual intercourse on another; (4) threatening to force sexual touching or intercourse on another.
- Taunting is defined as verbal or physical conduct intended or designed to embarrass, ridicule, or demean another. This includes, but is not limited to, statements pertaining to race, religion, gender, or national origin.
- Vandalism is the intentional or negligent destruction of property.
- Drug, Alcohol and Tobacco Use is the illegal possession or ingestion, consumption, inhalation, or other use of a controlled substance; or possession or ingestion of alcohol in any form; or ingestion of tobacco in any form.
- Gambling is defined as wagering or betting on the outcome of an event or game.
- Inappropriate Language is defined as the intentional or incidental use of obscene, profane, lewd, or vulgar speech. Inappropriate language includes, but is not limited to, cursing and swearing.
- Providing False Information to Mini Cow, USA Triathlon or its officials is prohibited. This includes falsifying birth date information; altering membership passes, attempting to use another athlete’s membership, and other presentation of false identification, or any other provision of false information.
- Harassment of USA Triathlon Officials, Race Directors, Athletes, or Coaches includes repeated incidents of intrusive or unwanted act, words, or gestures that have a substantial adverse effect on the safety, security or privacy of another. Harassment may consist of repeated phone calls, e-mails, and /or personal confrontations by an individual, either acting alone or through others, or collectively by a group of individuals acting together.
During a Mini Cow activity including but not limited to practices, meetings, events, clinics, and camps whether or not they are USA Triathlon sanctioned and regardless of location an athlete, coach, parent, Mini Cow official or administrator, or spectator, shall not
- Engage in racial, religious, or sexual harassment or violence
- Engage in violent behavior
- Engage in taunting behavior
- Vandalize public or private property
- Wager or gamble on its outcome
- Use inappropriate language
- Consume, buy, sell or give away a beverage containing alcohol. This policy does not apply to adults of legal drinking age during Mini Cow sponsored meals or other social events.
- Consume, buy, sell or give away tobacco in any form, or any other controlled substance. This policy does not apply to consumption/possession of properly prescribed medication of/by the prescribed person.
During the triathlon season and regardless of quantity, an athlete shall not consume a beverage containing alcohol or use or consume, have in her/his possession or buy, sell, or give away any controlled substance.
Violations of these policies may result in the imposition of any of the following sanctions: verbal or written warning; event(s) suspension; partial or full season suspension; suspension for a defined period of time, temporary or permanent banishment, including as a spectator. Athletes and coaches are cautioned that the sanctions imposed for violation of these policies are in addition to any discipline which may be imposed by a USA Triathlon official or Race Director during an event. Violations of these policies shall be reported to the appropriate Mini Cow representative for assignment to the appropriate individual for investigation and disposition. Investigation will be done by an outside party if possible. If you are sanctioned for violating any of the policies and miss events or practices you are not entitled to any refund of any monies paid for registration on Mini Cow. All monies paid are forfeited by the violator.
Special Circumstance Sanctions
Any adult who physically assaults a minor, athlete, coach, parent, Mini Cow official or administrator, or spectator will receive an automatic lifetime suspension from Mini Cow activities including but not limited to practices, meetings, events, clinics, and camps whether or not they are USA Triathlon sanctioned and regardless of location