, do hereby affirm and acknowledge that I am fully aware and informed of the inherent hazards and risks to me associated with the activities associated with the Program and the physical exertion required therein. Despite potential hazards associated with the Program, including falls, contact with other Participants, sprains, ligament and tendon damage, broken bones, other personal injury and other hazards (including but not limited to: man-made objects in the water ropes, goals, balls, the forces of nature including lightning, weather changes) from participation in activities, injuries inflicted by animals, insects, reptiles or plants, accidents or illness in remote places without medical facilities, illness, contracting communicable diseases or illnesses (including but not limited to the COVID-19 virus), paralysis, permanent disability, and death, I voluntarily agree to participate in reliance upon my own judgment and knowledge of my experience and capabilities.
Despite the potential hazards and dangers, I voluntarily agree to allow to participate in the Program and hereby accept and assume all such risks, known and unknown, and assume all responsibility for the losses, costs and/or damages following such injury, disability, paralysis or death of myself and damage or destruction to my property, even if caused, in whole or part, by the negligence of the Club, its officers, directors, members, employees, representatives, agents and volunteers (the “Club Representatives”) of the Program or any facility used by the Program including but not limited to the Triangle Aquatic Center, North Carolina State University, the University of North Carolina, the Triangle YMCA or any other pool or location their members, board members or representatives (the “Facilities”) (together referred to as “Club Representatives and Facilities”) with the exception of willful or gross negligence.
I understand that I may inspect the premises, facilities and equipment to be used or with which I may come in contact. If I believe anything is unsafe, I will immediately refuse to participate further in the Program activity. By entering into this agreement, I am not relying on any oral or written representation or statements made by Club, Club Representatives and Facilities, other than what is set forth in this agreement.
I acknowledge and accept that my participation is purely voluntary and that I elect to do so at my own risk. I acknowledge and willingly assume all risks and hazards associated with my participation in the Program.
I give permission to any doctor, hospital, or other medical agency to release confidentially to the treating physician(s) for myself any information they may have concerning my medical condition and their professional contact with me. I hereby grant my permission for such diagnostic, therapeutic, and operative procedures as may be deemed necessary for my well-being. A photocopy of this permission is to be considered as valid as the original. I further understand that treatment for any medical problems that I may suffer is my responsibility and will be paid by me and/or covered by my insurance.
I shall indemnify, defend and save harmless the Club, the Club Representatives and Facilities, their officers, directors, members, employees, representatives, agents and volunteers from all liabilities, losses, costs, damages, claims or causes of action of any kind or nature whatsoever, and expenses, including attorneys fees, arising or claimed to have arisen out of personal injuries or death, or property damage or loss, sustained by me as a result of negligence on the part of any of the entities or individuals identified above as a result of my own negligence or intentional acts, during my participation in this Program, including travel to and from the activity sites.
I acknowledge and agree that the Program has the authority to establish and enforce regulations and codes of conduct and I agree that I will be bound by those requirements.
I further agree that this agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina, United States of America. If any provision of this release is found to be unenforceable or invalid, that provision shall be severed from this contract. The remainder of this contract will then be construed as though the unenforceable provision had never been contained in this document.
With the Program and activities having been fully explained to me and all of my questions answered to my satisfaction, I agree to participate in the Program, fully aware of the activities and risks that may be involved. I also understand that this is a legal document which is binding on me, my heirs and assigns and on those who may claim by or through me. I am eighteen years of age or older, have full capacity to enter into this Agreement, and do so voluntarily.
I HAVE READ THIS AGREEMENT; I UNDERSTAND IT AND I AGREE TO BE BOUND BY IT.