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.
