In consideration for the opportunity to participate on the synchronized swimming team ROCKY MOUNTAIN SPLASH ] (the “Activity”) {swimmersName}, {2nd4} ("Participant(s)") acknowledges and agrees as follows:
1. Inherent Risks and Assumption of Risk. Participant acknowledges that she is voluntarily engaging in the Activity, and that the Activity could involve risk of injury, both serious and minor, including, without limitation, concussion, neck or spinal injuries, eye or face injuries, cuts, abrasions, contusions, or other physical bodily injuries, both foreseen or unforeseen, which might result from either Participant’s own actions or the actions or inactions of Splash. Participant knowingly and freely assumes all such risks, both known and unknown, even if arising from the negligence of Splash or others, and assumes full responsibility for her participation in the Activity.
2. Release. Participant, for herself, and on behalf of her heirs, assigns, personal representatives and next of kin (“Releasors”), hereby releases, waives and forever discharges Splash and its officers, directors, coaches, swimmers, representatives, agents, contractors and their respective successors or assigns, (referred to individually and collectively as “Releasees”) from any and all liability for any and all losses or damages and all related claims, on account of any injury, disability, or loss or damage to person or property, or death which arise from or relate in any way to the Activity, whether caused by the negligence of any Releasee or otherwise.
4. Participant’s Certification. Participant certifies that she is physically fit and that there are no health-related reasons or problems or illness which preclude her participation in the Activity.
5. Limitation of Liability. If, for any reason, the above release is found to be unenforceable, Releasors agree that (i) any action brought under this Agreement shall be time barred unless brought within one (1) year of the incident or accident giving rise to said claim, and (ii) Releasors agrees that the amount of damages that Releasees shall be required to pay shall not exceed $200 for property damage and a maximum of $1,000 for all other damages, including but not limited to personal injury, death, or pain and suffering.
6. Severability. The invalidity or unenforceability of any provision of this Agreement will in no way affect the validity or enforceability of any other provision.
7. Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party will be entitled to recover its reasonable attorneys’ fees, costs, and necessary disbursements in addition to any other relief to which the party may be entitled from the other party.
8. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and merges all prior agreements or understandings, whether written or oral, with respect to the subject matter hereof. This Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
I CERTIFY THAT I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS CONTENT, UNDERSTAND THAT I MAY HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING, AND SIGN IT OF MY OWN FREE WILL.