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SWIMMER WAIVER AND RELEASE OF LIABILITY, COVENANT NOT TO SUE, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

WARNING: PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE SAVE THE BAY, INC, AND OTHER LISTED PARTIES.  DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ THE ENTIRE AGREEMENT AND SEEK ASSISTANCE OF AN ATTORNEY PRIOR TO SIGNING IF YOU HAVE ANY QUESTIONS.

In consideration of this registration application, permitting me or my child/ward (Ward) to participate in The Save The Bay, Inc. (Save The Bay) Annual Swim to be held on July 29, 2017 (the Swim), and in accordance with Chapter 7-6 of The Rhode Island General Laws, I, hereby, for myself or Ward, and on behalf of myself or my Ward’s (if applicable) spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, including executors, administrators, successors and assigns, acknowledge, accept, represent, and agree to the following pursuant to this Waiver and Release of Liability, Covenant Not to Sue, Assumption of Risk and Indemnity Agreement (the Agreement):

1. REPRESENTATIONS. I hereby represent, on behalf of myself or my Ward (Participant) that:

(i) I am over 18 years old and am legally signing the Agreement on my own behalf, or if applicable, on behalf of my Ward;

(ii) Participant understands that participation in the Swim is completely voluntary;

(iii) Participant is in good health and in proper physical condition and sufficiently trained to complete the Swim;

(iv) Participant has had a physical examination by a licensed medical doctor within the past 12 months and has NOT been advised to not participate in the Swim by a qualified medical professional;

(v) Participant certifies that there are no health-related reasons or problems which preclude participation in the Swim;

(vi) Participant understands and agrees that it is Participant’s (or Participant’s Guardian’s) sole responsibility to determine whether Participant is sufficiently fit and healthy enough to participate in the Swim and to make that determination again immediately prior to participating in the Swim; and

(vii) Participant is not under the Influence of alcohol or any illicit or prescription drugs which would in any way impair Participant’s ability to safely participate in the Swim.

 

2. ASSUMPTION OF THE RISK. Participant understands and acknowledges that this is a 1.7- mile open water swim. Participant understands and acknowledges the physical and mental rigors associated with participating in the Swim and that such events are inherently dangerous and represent an extreme test of a person’s physical limits. Participant understands that participation involves risks and dangers which may include, without limitation: any and all injuries to my or my Ward’s person, including drowning, collision with a vessel, animal bites or stings, hypothermia, partial disability, permanent disability, disease and/or death; property damage; and other undefined risks and dangers which may not be readily foreseeable or are unknown arising from participation in the Swim (“Risks”). Participant understands that these Risks may be caused in whole or in part by my or my Ward’s own actions or inactions, the actions or inactions of others participating the Swim, or the acts, inactions or negligence of the Released Parties (defined below) and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I or my Ward incur as a result of participation in the Swim.

 

3. LIMITED SAFETY PATROL. Participant understands and acknowledges that there will be a safety patrol along the route comprised of Save The Bay staff and volunteers but that no particular individual will be assigned to ensure my or my Ward’s safety unless Participant chooses and arranges in advance to be accompanied by his/her own kayaker.  Therefore, should Participant choose to swim without a kayaker accompanying me or my Ward personally, Participant understands the additional inherent risks of doing so while participating in the Swim.   

 

4. HAZARDS. If Participant observes an unusual or dangerous hazard associated with the Swim, Participant will remove myself or my Ward  from the hazard or from the Swim, if necessary, to avoid harm, and bring the hazard to the immediate attention of Save the Bay staff and/or volunteers.

 

5. RELEASE, WAIVER, COVENANT NOT TO SUE, AND INDEMNIFICATION. Participant hereby Releases, Waives and Covenants Not to Sue, and further agrees to Indemnify, Defend and Hold Harmless the following parties: Save The Bay, Inc., its board members, officers, directors, employees, agents, individuals or institutions associated with or assisting Save The Bay in the Swim, or any participant in the Swim,  Sponsors, medical outlets, Property Owners upon which the Swim takes place, Law Enforcement Agencies, and other Public Entities providing support for the Swim, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, assigns, employees and volunteers (Individually and Collectively, the “Released Parties”), with respect to any liability, present or future claim(s), demands, cause(s) of action, damages to person or property, 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 to my or my Ward’s participation in the Swim, including claims for Liability caused in whole or in part by the negligence of the Released Parties.  

 

6. CONSENT TO MEDICAL TREATMENT.  Participant, for myself or my Ward, hereby consents to receive first aid or related medical services which may be deemed advisable in the event of injury, accident and/or illness during or immediately after the Swim, and release and indemnify the Released Parties for any and all liability or claims arising from such medical treatment or services.

7. ADDITIONAL INDEMNIFICATION. Participant further agrees that if, despite this Agreement, Participant, my Ward,  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 Liability which may be incurred as the result of such claim.

 

8. USE OF IMAGE. Participant hereby grants permission for Save The Bay to use my or my Ward’s name, likeness image, and/or signature in connection with the staging and promotion of the Swim, telecasts or webcasts of the Event, and in publicity advertising and promotion material for the Swim and future editions of the Swim.  Participant waives any right that Participant has to inspect or approve any finished product that may be used in connection with the Swim.

 

9. RHODE ISLAND LAW. All matters contained within this waiver shall be governed by and construed in accordance with the substantive laws of the State of Rhode Island.

10. SEVERABILITY. If any item or provision of this Agreement shall be determined to be illegal or unenforceable, then all other terms and provisions hereof shall nevertheless remain effective and shall be enforced to the fullest extent permitted by law.


WAIVER - TOWN OF JAMESTOWN RELEASE IN FULL OF ALL CLAIMS

In consideration of my use of the property located in the Town of Jamestown, Rhode Island, and more particularly described as Potter Cove/Taylor Point in said town which property is owned by the Town of Jamestown, a municipal corporation, I hereby, for myself, my Ward, and my and my Ward’s heirs, assigns, executors, and administrators, acknowledge that I assume any and all risks associated with or arising from my or my Ward’s participation in this event, including but not limited to any and all injuries to my or my Ward’s person including death or permanent disability and/or property suffered or sustained by me arising from my participation in this event, and waive and release any and all rights, claims and actions for damages that I have, or may have, against the Town of Jamestown, its successors and assigns and, further, agree to indemnify, defend and hold harmless the Town of Jamestown, its successors and assigns, from any claims, demands or actions for damages of any type or nature resulting from any act or omission on my part arising or relating in any way to my participation in this event.

I further attest and certify that I have read and understood the above Agreement and that I am making this waiver and assuming all risks voluntarily, that I have had the opportunity to consult with a representative or attorney of my choosing before signing, and that all information and signatures contained herein are accurate and genuine.