POW Waiver & Release
WAIVER AND RELEASE
I ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT, I AM AGREEING TO RELEASE OPEN WATER SOURCE LLC AND ITS OFFICERS, DIRECTORS, MEMBERS (INCLUDING, WITHOUT LIMITATION, COACHES), PARTICIPANTS, VOLUNTEERS, EMPLOYEES AND AGENTS FROM LIABILITY.
I HAVE THEREFORE BEEN ADVISED TO READ THIS DOCUMENT CAREFULLY BEFORE SIGNING IT.
Competition, activity or event: POW (Pool Open Water) (the “Event”)
Location of the Event: __________________________________________ (the “Location”)
Dates of the Event: ____________________________________________
Participating Athlete: __________________________________________ (the “Participant”)
Acknowledgement of Risk
In consideration of being allowed to enter the Event, I for myself and my successors, heirs, assigns, executors and administrators acknowledge that I fully understand that my participation may involve risk of personal injury or death, which may result not only from my own actions, inactions, or negligence, but also from the action, inactions or negligence of others, or the condition of the course or weather on the date of the Event. I agree to assume any and all risk of personal injury to myself including medical or hospital bills, permanent or partial disability and death that may be caused by or arise from my participation in the Event and I covenant not to sue or present any claim for personal injury or wrongful death against the Event Organizers (Open Water Source LLC) or its sponsors and any of their officers, agents or employees for any loss attributable in any way to my participation in the Event. I further release, waive, discharge and relinquish the Event Organizers and its sponsors and their respective officers, agents or employees from liability for any loss arising from my participation in the Event, whether same shall arise by their negligence or otherwise. By signing this Waiver and Release, I expressly assumes these risks, whether such risks are known or unknown to him/her at this time.
I warrant that I am in good health and have no physical condition that would prevent me from participating in the Event.
Acknowledgement of Promotion
I further agree that photographs, pictures, slides, movies or videos of me may be taken in connection with my participation in this Event without compensation from Open Water Source or its sponsors and consent to the use of these photographs, pictures, slides, movies, or videos for any legal purpose by the organizers, producers, sponsors, government officials and agencies and/or their assigns.
WAIVER & RELEASE
Participant hereby releases and holds harmless Open Water Source LLC, members of its board of
directors, and its officers, employees, members (including without limitation coaches), volunteers, other participants, and agents (collectively, the “Released Parties’), of and from, and does discharge and waive, any and all claims, demands, losses, damages, and liabilities that Participant may have or sustain with respect to, any and all damage, illness, injury, of any type, and/or death, arising out of Participant’s participation in the Event.
This release of liability shall incIude (without limitation) any claims for negligence or breach of warranty that Participant may have against the Released Parties. This release of liability is also intended to cover all claims that members of Participant’s family or estate, heirs, representatives, or assigns may have against the Released Parties. Except to the extent that a claim might be based upon the sole and
exclusive negligence of the Released Parties, Participant further agrees to indemnify and hold the Released Parties harmless from liability resulting from his/her Participation at the Event. This release of liability is not intended to apply to the gross negligence or willful misconduct of one or more Released Parties where prohibited by law.
This Accident Waiver and Release of Liability shall be constructed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
In the case of minors, the parent or legal guardian signing below certifies that he or she is the legal guardian of the minor and that the minor is of the age of 8 years or more.
I CERTIFY THAT I HAVE READ THIS DOCUMENT, UNDERSTAND THAT I MAY BE GIVING UP LEGAL RIGHTS BY SIGNING IT AND SIGN VOLUNTARILY.
I hereby certify that I have read this document and I understand its content.
Participant’s Signature: ___________________________________________________________
Participant’s Name: ______________________________________________________________
Parent/Guardian’s Signature on behalf of participant (if under 18):
Parent /Guardian Name (please print): ________________________________________________
Parent / Guardian Signature: _______________________________________________________
Comments or questions are welcome.