2021-2022 MIHS Girls SWIVE - MIBC Swimmer's Release
(Read Carefully Before Signing)
In consideration of being permitted to participate in any way in activities held at the Mercer Island Beach Club (“MIBC”) including without limitation participation in any activity related to MIHS Girls SWIVE (“User”) in the MIBC competition pool and facilities (the “Activity”), the parent(s) and/or legal guardian(s) of the minor participant named below agree:
1. The parent(s) and/or legal guardian(s) will instruct the minor participant that prior to participating in the Activity, he or she should inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant should immediately advise User officials of such condition and refuse to participate. I understand and agree that, if at any time, I feel anything to be UNSAFE I will immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further.
2. I/We fully understand and acknowledge that:
a. There are risks and dangers associated with participation in athletic activities, including the Activity which could result in bodily injury, partial and/or total disability, paralysis and death.
b. The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.
c. These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to MIBC, any of its officers, employees, directors, trustees, members, users, shareholders, agents, affiliates, contractors, vendors, successors, predecessors, assigns, or related entities (the "Releasees”).
d. There may be other risks not known to us or are not reasonably foreseeable at this time.
3. I/We accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releases.
4. I/We HEREBY acknowledge that THE ACTIVITY IS VERY DANGEROUS and involves the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
5. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of Washington and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
6. On behalf of the participant and individually, the undersigned parent(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite the release, the participant makes a claim, including but not limited to, claims for any injury, disability, death or property damage, against any of the Releasees, the parent(s) and/or legal guardian(s) will reimburse the Releasee for any money which Releasee has paid to the participant, or on participant’s behalf, and the undersigned parent(s) and/or legal guardian(s) shall hold Releasee harmless from such claims.
7. Notwithstanding anything to the contrary set forth herein, on behalf of the participant and individually, the undersigned parent(s) and/or legal guardian(s) for the minor participant hereby indemnifies and holds harmless Releasee from and against any and all claims, costs and liabilities whatsoever for injury or death to persons, and any damage, destruction or loss of property arising out of or in connection with participant’s use of MIBC’s pool and facilities.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY, INCLUDING ANY NEGLIGENCE OF THE RELEASEES TO THE GREATEST EXTENT ALLOWED BY LAW.
