I hereby certify and represent that (i) I am in good health and in proper physical condition to participate in practices and events hosted by FIRST COLONY SWIM TEAM; and (ii) I have not been advised of any medical conditions that would impair my ability to safely participate in practices and events hosted by FIRST COLONY SWIM TEAM
I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in practices and events hosted by FIRST COLONY SWIM TEAM
I acknowledge the inherent risks associated with the sport of swimming. I understand that my participation involves risks and dangers, which include, without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and death (from drowning or other causes); loss of or damage to personal property and equipment; exposure to extreme conditions and circumstances; accidents involving other participants, event staff, coaches, volunteers or spectators; contact or collision with natural or manmade objects; dangers arising from adverse weather conditions; imperfect water conditions; water and surface hazards; facility issues; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of First Colony Swim Team ; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions
or inactions of other participants or the negligent acts or omissions of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses that I incur as a result of my participation in practices and events hosted by FIRST COLONY SWIM TEAM
I agree to be familiar with and to abide by the Rules and Regulations established by FCST and USMS, including any safety regulations. I accept sole responsibility for my own conduct and actions while participating in practices and events.
I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19, or other viral or bacterial infection, while participating in any of the Events, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I agree that if I have a fever, cough, feel short of breath, have any other symptoms, have knowingly been exposed to a communicable disease such as COVID-19 I agree not to participate in FCST's Masters Program for a minimum of 10 days from the date the symptoms started, until the symptoms have subsided or I have been cleared by a doctor. If I test positive for COVID-19 within 10 days following participation in a FCST Masters practice or hosted event, I will notify FCST's Masters Program Director or immediately.
I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following "released parties:
FIRST COLONY SWIM TEAM (including, but not limited to) any members of FCST'S Board of Directors, employees, members, program directors, coaching staff, volunteers, or any other FCST representatives providing support for FCST's Masters Program practices and hosted events (individually and collectively, the “Released Parties”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), 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 in any way to my participation in practices or events, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties.
I further agree that if, despite this Agreement, I, 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 Liabilities which any may be incurred as the result of such claim.
IN THE EVENT OF ACCIDENT, INJURY, ILLNESS. I HEREBY GIVE MY PERMISSION FOR ANY SUPERVISOR, COACH OR OTHER AGENT OR ADMINISTRATOR ASSOCIATED WITH FIRST COLONY SWIM TEAM TO SEEK AND GIVE APPROPRIATE MEDICAL ATTENTION TO MYSELF. I ACKNOWLEDGE AND AGREE TO BE FINANCIALLY RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH ANY NECESSARY MEDICAL ATTENTION AND/OR TREATMENT.
I hereby warrant that I am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my spouse, children, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors, and assigns), acknowledge that I have signed this Agreement without any inducement, assurance, or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements, or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.