Summerland Orca Swim Club - Waiver Form

Summerland ORCA Swim Club

ASSUMPTION OF RISK, WAIVER OF CLAIMS, MEDICAL RELEASE AND RELEASE OF LIABILITY AGREEMENT

This is a binding legal agreement. Clarify any questions or concerns before signing.

This Agreement must be signed by the Participant and/or the Participant’s parent/guardian (if applicable, when the Participant is younger than 19 years old) prior to participation, and is thenceforth a binding legal agreement with Summerland Orca Swim Club and its directors, officers, board members, members, employees, coaches, volunteers, officials, participants, agents, sponsors, owners/operators of the facilities in which the Activities take place, and representatives (collectively the “Organization”).

By signing "I understand, accept, and agree", the Participant acknowledges and agrees to the terms outlined in throughout this document. When applicable, the Participant’s parent/guardian acknowledges and agrees to the terms on behalf of the Participant, including references in this document to the Participant agreeing to or acknowledging a risk or term. It is understood that the Participant’s parent/guardian is agreeing to or acknowledging the risk or term on behalf of the Participant.

ACTIVITIES

The Participant is voluntarily participating in the sport of swimming (pool or open water) and the spectating, orientation, instruction, activities, competitions, programs, and services (collectively the “Activities”) of the Summerland Orca Swim Club. The Activities may include but are not limited to including competitions, meets, team travel, programs, practices (pool or open water), training (pool or open water), personal or strength training, dryland training, training using machines or weights, nutritional and dietary programs or advice, orientational or instructional sessions or lessons, and aerobic and anaerobic conditioning programs.

Summerland Orca Swim Club and its directors, officers, board members, members, employees, coaches, volunteers, officials, participants, agents, sponsors, owners/operators of the facilities in which the Activities take place, and representatives (collectively the “Organization”) are not responsible for any injury, personal injury, damage, property damage, expense, loss of income or loss of any kind suffered by a Participant during or as a result of the Activities, when the Participant is of any age, when caused by the negligence of the Organization.

RISKS

The Activities have foreseeable and unforeseeable inherent risks, hazards, and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, permanent disability, paralysis, and loss of life. These risks include:

a)  Health: executing strenuous and demanding physical techniques; physical exertion; overexertion; stretching; dehydration; fatigue; cardiovascular workouts; rapid movements and stops; lack of fitness or conditioning; traumatic injury; sprains and fractures, spinal cord injuries, bacterial infections; rashes; and the transmission of communicable diseases, including viruses of all kinds, COVID-19, bacteria, parasites or other organisms or any mutation thereof.

b)  Premises: defective, dangerous, or unsafe condition of the facilities; dangerous, unsafe, or irregular conditions in the pool, on the pool deck, or on other surfaces, as well as travel to and from the premises.

c)  Water: entering the water including without limitation by diving, jumping, or running; spending extended time underwater; drowning; spending extended times in chlorinated water which may result in bacterial infections and rashes.

d)  Use of equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of, or the failure by, the Organization to provide any warnings, directions, instructions, or guidance as to the use of the equipment; failure to wear safety or protective equipment; and failure to use or operate equipment within the Participant’s own ability.

e)  Advice: negligent advice regarding the Activities.

f)  Ability: failing to act safely or within the Participant’s own ability or within designated areas.

g)  Sport: the sport of swimming (pool or open water) and its inherent risks, including but not limited to slipping, falling, or colliding with the pool, pool deck, pool bottom, walls, stands, equipment or with other participants and other contact; all or any of which may lead to serious bodily injury, including but not limited to concussions and/or other brain injury or serious spinal injury.

h)  Conduct: the Participant’s conduct and conduct of other persons including any physical altercation between participants.

i)  Travel: travel to and from the Activities, including but not limited to any travel organized by and driven by coaches, chaperones, members, or any other representatives of the Summerland Orca Swim Club.

By signing "I understand, accept, and agree" to this document, the Participant, or the Parent/Guardians on behalf of the Participant, accepts the inherent physical risks involved in all aspects of participation in Summerland Orca Swim Club and any and all associated events or opportunities declared for. This includes any cases of negligence. The Organization may be negligent, which may include failure by the Organization to take reasonable steps to safeguard or protect the Participant from the risks, dangers and hazards associated with participation in the Activities. By signing "I understand, accept, and agree" to this document, the Participant, or the Parent/Guardians on behalf of the Participant, accepts that the Organization may be negligent and agrees to hold harmless the Organization and all its representatives.

TERMS

By signing "I understand, accept, and agree" to this document, and in consideration of the Organization allowing the Participant to participate in the Activities, the Participant, or the Parent/Guardians on behalf of the Participant, agrees:

a)  That the Participant is not relying on any oral or written statements made by the Organization or their agents, whether in a brochure or advertisement or in individual conversations, to agree to participate in the Activities.

b)  That when the Participant practices or trains in their own space, the Participant (or the Participant’s parent/guardian, if applicable) is responsible for the Participant’s surroundings and the location and equipment that is selected for the Participant.

c)  That the Participant’s mental and physical condition is appropriate to participate in the Activities and the Participant (or the Participant’s parent/guardian, if applicable) assumes all risks related to the Participant’s mental and physical condition.

d)  To comply with the rules and regulations for participation in the Activities.

e)  To comply with the rules of the facility or equipment.

f)  That the risks associated with the Activities are increased when the Participant is impaired, and the Participant will not participate if impaired in any way.

g)  That the Participant (or the Participant’s parent/guardian, if applicable) understands the extra risks involved in traveling with the team in any manner to and from any practices or competitions and, if the Participant signs up for any such activity, the Participant (and the Participant’s parent/guardian, if applicable) acknowledges and accepts full responsibility and holds harmless the Organization, for any possible negative outcomes, including without limitation, the potential for serious bodily injury, permanent disability, paralysis, and loss of life.

h)  That it is the Participant’s (or the Participant’s parent/guardian, if applicable) sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, the Participant (or the Participant’s parent/guardian, if applicable) acknowledges and accepts the suitability and conditions of the Activity.

i)  That the Participant (or the Participant’s parent/guardian, if applicable) is responsible for choosing the Participant’s safety or protective equipment and the secure fitting of that equipment.

ACTIVITIES STATUS

The Participant (and the Participant’s parent/guardian, if applicable) agrees that the Organization has the discretion to cancel or modify the structure of any Activities due to a public health or safety issue, which may include, among other things, removing specific disciplines or age groups from a competition, changing a competition format, or changing the way individuals become eligible to participate.

The Participant (and the Participant’s parent/guardian, if applicable) agrees that the Organization may implement and enforce guidelines for participation that may include adhering to protocols, and signing declarations of compliance, on behalf of the Participants (and their parents/guardians, if applicable). The Organization has the discretion to remove any Participant (and their parents/guardians, if applicable) who does not comply with the Code of Conduct, does not sign necessary declarations, or behaves in a way that is a detriment to the Organization. Removal may lead to added costs which will be fully paid by the Participant (or the Participant’s parent/guardian, if applicable) in a timely manner.

DISCLAIMER

The Participant, or Participant’s Parent/Guardian if Participant is under the age of 19, assumes all risks arising out of, associated with or related to, participation in the Activities and waives any and all claims that the Participant may have now or in the future against the Organization. The Participant, or Participant’s Parent/Guardian if Participant is under the age of 19, accepts and fully assumes all such risks and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from participation in the Activities.

The Participant, or Participant’s Parent/Guardian if Participant is under the age of 19, forever indemnifies and releases 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 the Participant has or may have in the future, that might arise out of, result from, or relate to, participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the Organization’s negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of the Organization.

For all Participants. The Organization is not responsible or liable for any damage to the Participant’s vehicle, property, or equipment that may occur as a result of the Activities. This Agreement is intended to be as broad and inclusive as is permitted by law of the Province of British Columbia and if any portion thereof is held invalid, the balance shall continue in full legal force and effect. By signing "I understand, accept, and agree" to this document, the Participant, or Participant’s Parent/Guardian if Participant is under the age of 19, agrees to file any lawsuit against the Organization in the Province of British Columbia and further agrees that the substantive law of the Province of British Columbia will apply with regard to conflict of law rules.

MEDICAL RELEASE & CONVEYANCE PERMISSION

In the event of an Emergency, as deemed by representatives of the Organization, I hereby give permission for any and all medical attention necessary to be administered to the Participant in the event of an accident, injury, sickness, etc., under the direction of the Organization, until such time as I may be contacted. The release is effective for the time during which my child is participating in activities with Summerland Orca Swim Club, and during any travel between activities, if necessary. I also hereby assume the responsibility for payment of any costs accrued.

By signing "I understand, accept, and agree" to this document, the Participant, or the Participant’s Parent/Guardian on behalf of the Participant, if the Participant is under the age of 19, verify that all known medical concerns and information have been disclosed to the Organization, and hereby waive any and all rights or claims for damage arising from injury received while swimming (pool or open water), playing, walking, running, exercising, or being transported to, from, or between activities or events. I also hold harmless the Organization (inclusive) for any injury incidental to the activities or transportation to and from these activities. I also give permission for the Organization, including but not limited to its coaches, volunteers, and other parents, to provide transport between activities in the case of an emergency, injury, extreme heat or cold, poor air quality, or for any other reason deemed necessary by its onsite representatives.

ACKNOWLEDGMENT

The Participant, or Participant’s Parent/Guardian on behalf of the Participant, if the Participant is under the age of 19, acknowledges that they have read and understand this Agreement, that they have executed this Agreement voluntarily, and that this Agreement is to be binding upon themselves, their heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. They further acknowledge that by signing this Agreement they have waived their right to maintain a lawsuit against the Organization on the basis of any claims from which they have released herein.

When the Participant is younger than 19 years old, by signing "I understand, accept, and agree" to this document, the declarer acknowledges and agrees that they are a parent/guardian of the Participant and have full legal responsibility for the decisions of the Participant.