USMS Waiver

Participant Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement

For and in consideration of United States Masters Swimming, Inc. ("USMS") allowing me, the undersigned, to participate in any USMS sanctioned or approved activity, including swimming camps, clinics, and exhibitions; learn-to-swim programs; swimming tryouts; fitness and training programs (including dry land training); swim practices and workouts (for both pool and open water); pool meets; open water competitions; local, regional, and national competitions and championships (both pool and open water); and related activities ("Event" or "Events"); I, for myself, and on behalf of my spouse, children, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors, and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the "Agreement");

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.

1.   I hereby certify and represent that (i) I am in good health and in proper physical condition to participate in the Events; and (ii) I have not been advised of any medical conditions that would impair my ability to safely participate in the Events. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Events.

2.   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, 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 the Event organizers; 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 others participating in the Events, 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 any Events.

3.   I agree to be familiar with and to abide by the Rules and Regulations established by USMS, including any safety regulations. I accept sole responsibility for my own conduct and actions while participating in the Events..

4.   I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: USMS, its members, clubs, workout groups, event hosts, employees, and volunteers (including, but not limited to, event directors, coaches, officials, judges, timers, safety marshals, lifeguards, and support boat owners and operators); the USMS Swimming Saves Lives Foundation; USMS Local Masters Swimming Committees (LMSCs); the Event organizers and promoters, sponsors and advertisers; pool facility, lake and property owners or operators hosting the Events; law enforcement agencies and other public entities providing support for the Events; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees, and volunteers (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 the Events, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties.

5.   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

YMCA Non-Member Waiver

WAIVER

I understand that the YMCA of Greenwich assumes no responsibility for injuries or illnesses which I may sustain as a result of my physical condition or resulting from my participation in any athletic activities, sports program and the use of any equipment, exercise or other activities. I expressly acknowledge that I assume on behalf of my heirs and myself the risk for any and all injuries and illnesses, which may result from my participation in these activities. I hereby release the YMCA of Greenwich, its officers, directors, members, employees and agents from any and all claims for injury, illness, death, loss or damage which I may suffer as a result of my participation in these activities. In an emergency, I authorize the YMCA of Greenwich to administer first aid by trained staff and to obtain emergency medical treatment for any person listed on this application. I accept responsibility for all fees incurred in the care and transportation. I understand that the YMCA of Greenwich is not responsible for personal property lost or stolen while members and/ or program participants are using YMCA facilities or on YMCA premises. I give my permission to the YMCA of Greenwich to use, without limitation or obligation, photographs, film footage or tape recordings that may include my image or voice for promoting or interpreting YMCA programs. I acknowledge the Waiver and accept the Membership Conditions set forth above and in the Program Brochure and being in sympathy with the goals and purposes of the YMCA, herby apply for membership.

CODE OF CONDUCT

The YMCA of Greenwich expects that all our members, visitors, and staff behaves appropriately, acting respectfully and responsibly towards others. Our Code of Conduct does not allow the use of inappropriate language or actions that can hurt or frighten another person. The YMCA of Greenwich reserves the right to suspend or revoke any membership privileges for any violation of the Code of Conduct, as determined by the Chief Executive Officer or the Board of Directors. The length of suspension or refund of membership dues or fees will be determined by the same authority. The YMCA of Greenwich does not allow harassment or intimidation of any kind. This includes use of inappropriate words, gestures, body language, swearing, name-calling, shouting or physical contact; any sexual contact, demonstration of sexual activity, inappropriate or sexually revealing attire; behavior which intends to or results in the theft or destruction of property; illegal substances; carrying or concealing a weapon or any device or object that may be used as a weapon. The YMCA of Greenwich Staff are trained and expected to respond to any reported violation of our Code of Conduct. Please do not hesitate to notify a staff member if you need assistance. The YMCA of Greenwich will investigate all reported incidents.

Conditions of Guest Usage: All guests are required to present a current, valid photo identification card when using the YMCA’s facilities and programs. As a guest of the YMCA, I agree to follow policies, procedures and appropriate behaviors for the safety and comfort of all members and guests.