TEMESCAL AQUATIC MASTERS COVID-19 LIABILITY RELEASE AGREEMENT
Please read the terms of the following COVID-19 liability release agreement below. You must click below to agree to the terms of this agreement, provide your name and email address, and submit the form before you will be allowed to swim at a Temescal Aquatic Masters practice.
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 U.S. Masters Swimming, Inc. workouts, events, or other approved activities (collectively, the “Activities”), and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Activities may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Temescal Aquatic Masters and U.S. Masters Swimming, Inc. and their respective employees, volunteers, and program participants and their families (the “Released Parties”). I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to me (including, but not limited to personal injury, disability, and death), illness, damage, loss, claim, liability, or expense of any kind that I may experience or incur in connection with my attendance at any of the Activities (“Claims”).
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 or have traveled to or from a highly impacted area, I will not attend any of the Activities for at least two weeks after exposure or symptoms have subsided or I have returned from a highly impacted area. In addition, if I discover I have been exposed to a suspected or positive case of COVID-19 or have tested positive for COVID-19, I will notify the USMS coach or club administrator immediately.
On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Temescal Aquatic Masters and U.S. Masters Swimming, Inc. and their employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Temescal Aquatic Masters and U.S. Masters Swimming, Inc. and their employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Activities. In addition, I agree to indemnify and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgements, losses and/or liabilities (including attorneys’ fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss or any other injury from or related to the Activities whether caused by the negligence of the Released Parties or otherwise.
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.
By electronically signing below, I acknowledge and represent that I have read the foregoing waiver of liability, understand it and sign it voluntarily as my own free act, including the release of liability and indemnification requirements contained in this document. I agree that this agreement shall be enforced as fully as possible and that any unenforceable provisions shall be deemed modified to the limited extent to permit enforcement.
__ I accept the terms of the Temescal Aquatic Masters COVID-19 Liability Release Agreement as outlined above.
First name: ____________________________
Last name: ____________________________
Email address: _________________________