PARTICIPANT WAIVER AND RELEASE OF LIABILITY,
ASSUMPTION
OF RISK AND INDEMNITY AGREEMENT
For and in consideration of
United States Masters Swimming, Inc. (“USMS”) allowing me, the undersigned, to
participate in any USMS sanctioned or approved activity, including swimming
camps, clinics, and exhibitions; learn-to-swim programs; swimming tryouts;
fitness and training programs (including dryland training); swim practices and
workouts (for both pool and open water); pool meets; open water competitions;
local, regional, and national competitions and championships (both pool and
open water); and/or related activities (“Event” or “Events”); I, for myself,
and on behalf of my spouse, children, heirs and next of kin, and any legal and
personal representatives, executors, administrators, successors, and assigns,
hereby agree to and make the following contractual representations pursuant to
this Waiver and Release of Liability, Assumption of Risk and Indemnity
Agreement
(the “Agreement”);
1.
I hereby certify and represent that (i) I am in
good health and in proper physical condition to participate in the Events; and
(ii) I have not been advised of any medical conditions that would impair my
ability to safely participate in the Events.
I agree that it is my sole responsibility to determine whether I am
sufficiently fit and healthy enough to participate in the Events.
2.
I acknowledge the inherent risks associated with
the sport of swimming. I understand that my participation involves risks and
dangers, which include, without limitation, the potential for serious bodily injury,
sickness and disease, permanent disability, paralysis and death (from drowning
or other causes); loss of or damage to personal property and equipment;
exposure to extreme conditions and circumstances; accidents involving other
participants, event staff, volunteers or spectators; contact or collision with
natural or manmade objects; dangers arising from adverse weather conditions;
imperfect water conditions; water and surface hazards; facility issues;
equipment failure; inadequate safety measures; participants of varying skill
levels; situations beyond the immediate control of the Event organizers; and
other undefined, not readily foreseeable and 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 Events, or the negligent acts or omissions of the Released
Parties defined below, and I hereby expressly assume all such Risks and
responsibility for any damages, liabilities, losses or expenses that I incur as
a result of my participation in any Events.
3.
I agree to be familiar with and to abide by the
Rules and Regulations, including the Code of Conduct and
any safety regulations established by USMS. I accept sole responsibility for my
own conduct and actions while participating in the Events.
4.
I acknowledge the contagious nature of COVID-19
and voluntarily assume the risk that I may be exposed to or infected by
COVID-19, or other viral or bacterial infection, while participating in any of
the Events, and that such exposure or infection may result in personal injury,
illness, permanent disability, and death. I agree that if I have a fever,
cough, feel short of breath, have any other symptoms, have knowingly been
exposed to a communicable disease such as COVID-19 I agree not to participate
in USMS activities for a minimum of 10 days from the date the symptoms started,
until the symptoms have subsided or I have been cleared by a doctor. If I test
positive for COVID-19 within 10 days following participation in a USMS
activity, I will notify the USMS event director, coach or club administrator
immediately.
5.
I hereby Release,
Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold
Harmless the following parties: USMS, its members, clubs, workout groups, event
hosts, employees, and volunteers (including, but not limited to, event
directors, coaches, officials, judges, timers, safety marshals, lifeguards, and
support boat owners and operators); the USMS Swimming Saves Lives Foundation;
USMS Local Masters Swimming Committees (LMSCs); the Event organizers and
promoters, sponsors and advertisers; pool facility, lake and property owners or
operators hosting the Events; law enforcement agencies and other public
entities providing support for the Events; 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 (“Liability”)
which may arise out of, result from, or relate in any way to my participation
in the Events, including claims for Liability caused in whole or in part by the
negligent acts or omissions of the Released Parties.
6.
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 Liabilities which any may be incurred as the
result of such claim.
I hereby warrant that I am of
legal age and competent to enter into this Agreement, 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 my spouse, children, heirs and next of kin, and any legal and personal
representatives, executors, administrators, successors, and assigns),
acknowledge that I have signed this Agreement 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.
Revised
09/21/2023
2464370v1
Sign full name below with date