DOWNTOWN SWIM CLUB 2021-2022 RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
By completing and entering your name on this form you will waive certain legal rights. Please read the paragraphs carefully.
1. This is a binding legal agreement; therefore clarify any questions or concerns before signing. As a Participant in the sport of swimming and/or the events, programs, competitions and activities organized, operated conducted and/or sanctioned by the Downtown Swim Club (collectively the “Events”), the undersigned acknowledges and agrees to the following terms:
2. The Downtown Swim Club and its directors, officers, committee members, members, employees, volunteers, participants, agents and representatives (collectively the “Organization”) are not responsible for any injury, personal injury, sickness, disease (including but not limited to COVID-19), damage, property damage, expense, loss of income or loss of any kind suffered by a Participant during, or as a result of, the Events, caused in any manner whatsoever including, but not limited to, the negligence of the Organization.
I have read and agree to be bound by paragraphs 1 and 2.
Yes, I have read and agree to be bound by paragraphs 1 and 2.
Description of Risks
3. I am participating voluntarily in the sport of swimming and the Events. In consideration of my participation, I hereby acknowledge that I am aware of the risks, dangers and hazards associated with or related to the sport of swimming and the Events. The risks, dangers and hazards include, but are not limited to, injuries from:
a. The sport of swimming;
b. Executing strenuous and demanding physical techniques;
c. Vigorous physical exertion, strenuous cardiovascular workouts and rapid movements;
d. Exerting and stretching various muscle groups;
e. Entering the water by either diving or jumping;
f. Extended time underwater;
g. Spending extended times in chlorinated water including bacterial infections and rashes;
h. Dry land training including weights, running, bands and circuit;
i. Falling or colliding with the pool, pool bottom, walls, stands, equipment or with other participants;
j. Slips or falls due to uneven, slippery or irregular surfaces, including on the pool deck, in the dressing rooms or other facilities or rooms at an aquatic venue and at any physical facility in and around open water venues;
k. Failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment;
l. Contact, colliding, falling or being struck by other participants or equipment;
m. Spinal cord injuries which may render me permanently paralyzed;
n. Concussions or aggravated related symptoms;
o. Travel to and from Events or attendance at social events;
p. Infectious source such as COVID-19;
q. Swimming at a public lane swim with a workout written by a DSC coach not under the direct supervision of a coach; or
r. Unforeseen events.
4. Furthermore, I am aware:
a. That injuries sustained can be severe and event fatal;
b. That I may experience anxiety while challenging myself during the activities, events and programs;
c. That my risk of injury is reduced if I follow all rules established for participation; and
d. That my risk of injury increases with fatigue and age.
I have read and agree to be bound by paragraphs 3 and 4.
I have read and agree to be bound by paragraphs 3 and 4.
Release of Liability and Disclaimer
5. In consideration of the Organization allowing me to participate, I agree:
a. That my physical condition has been verified by a medical doctor to participate;
b. The sole responsibility for the my safety remains with me;
c. To remove myself if I sense or observe any unusual hazard or unsafe condition; or feel unable or unfit to safely continue;
d. To ASSUME all risks arising out of, associated with or related to my participation;
e. To WAIVE any and all claims that I may have now or in the future against the Organization;
f. To freely ACCEPT AND FULLY ASSUME all such risks and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from my participation in the activities, events and programs of the Organization; and
g. To FOREVER RELEASE the Organization from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which I may have or may in the future, that might arise out of, result from, or relate to my participation in the sport of swimming, my presence at any venue, the events, activities or programs of the Organization, and/or my traveling to or from the events, activities or programs of the Organization, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of the Organization.
I have read and agree to be bound by paragraph 5.
Yes, I have read and agree to be bound by paragraph 5.
6. I acknowledge that I have read and understand this agreement, that I have executed this agreement voluntarily, and that this agreement is to be binding upon myself, my heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives.
I have read and agree to be bound by paragraph 6.
Yes, I have read and agree to be bound by paragraph 6.
Please enter today's date, which is the date on which you have agreed to this waiver.
Please sign this agreement by typing your full name. Note, that by typing in your name, you are signing this waiver with the same force and effect as signing a document in hard copy and you are agreeing to be bound by this Legal Agreement even if you have not read the agreement.
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This form was created inside of Downtown Swim Club.