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RELEASE AND WAIVER OF LIABILITY - ANNAPOLIS FROGMAN SWIM 2024
PLEASE READ CAREFULLY BEFORE SIGNING THIS RELEASE AND WAIVER OF LIABILITY (THIS "AGREEMENT"). THIS WAIVER AND AGREEMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO MAKE ANY CLAIMS AND TO BRING ANY TYPE OF LEGAL, ADMINISTRATIVE ACTIONS OR PROCEEDINGS.
In consideration of the foregoing, I, for myself, my heirs, executors, administrators, personal representatives, successors and assigns, waive and release any and all rights, claims and courses of action I have or may have against EnMotive, Annapolis Frogman Swim, and its affiliates, their agents, employees, officers, directors, successors and assigns and any and all sponsors, their representatives and successors, that may arise as a result of my participation in the Annapolis Frogman Swim 2024 and any pre- and post- event activities. I attest and verify that I am physically fit and have sufficiently trained for the completion of this event and my physical condition has been verified by a licensed medical doctor. Further, I hereby grant full permission to any and all of the foregoing to use any photographs, motion pictures, recordings, or any other record of this event for any legitimate purpose including commercial advertising, without monetary payment to me.
ANNAPOLIS FROGMAN SWIM WAIVER OF LIABILITY
In consideration for the acceptance of my entry and/or participation in the Annapolis Frogman Swim on APRIL 28, 2024, or any associated Annapolis Frogman Swim activities or events leading up to or after the main event on April 28, 2024, as an event participant or volunteer, I and/or my heirs, executors and administrators, release and forever discharge all parties, including but not limited to, the Navy SEAL Foundation, event organizers, event sponsors, support personnel, event participants, event volunteers, event staff, City of Annapolis, Anne Arundel County, the State of Maryland, any business, the owner of the premises on which the event takes place, the event producers and organizers, their agents, representatives, successors and/or assigns (collectively, the Released Parties) of all liabilities, claims, actions, damages, costs or expenses of any type whatsoever which I or my minor child may have against the Released Parties arising out of or in any way connected with my, or my minor child's, participation in this event (including travel to or from this event), including, but not limited to, claims relating to injuries (mental and/or physical) and/or death which may be suffered by me or my minor child before, during or after the event. I UNDERSTAND THAT THIS WAIVER INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS BASED ON NEGLIGENCE, ACTION, OR INACTION OF ANY OF THE RELEASED PARTIES. I further understand that this is an extreme athletic event in cold open water on an open course and all of the inherent dangers associated with such an event.
NOTICE TO MINOR CHILD'S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THIS ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY CONSENTING TO THIS WAIVER YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES BY ANY CLAIM, ACTION, PROCEEDING, LAWSUIT FOR ANY PERSONAL INJURY (MENTAL OR PHYSICAL), INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO CONSENT/SIGN THIS FORM IN WHICH EVENT NEITHER YOU NOR YOUR MINIOR CHILD CAN PARTICIPATE, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT CONSENT TO THE TERMS OF THIS WAIVER.
COVID WAIVER. RELEASE AND WAIVER OF LIABILITY
ACKNOWLEDGEMENTS OF COVID-19 AND OTHER RISKS. The undersigned fully understands that:
(a) the novel coronavirus SARS- CoV-2 and any resulting variant and/or disease (together with any mutation, adaptation, or variation thereof, "COVID-19" ) is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present;
(b) no health and safety policies, assessments, precautions and/or protocols that will be implemented from time to time at and for the venues for the Annapolis Frogman Swim event and after party (collectively, the "Venues ") by local, state and federal governmental agencies, the Event Organizers, the Venue owner/operator, and/or by the Annapolis Frogman Swim and its affiliated persons/entities (as applicable), (individually or collectively, "AFS") and/or third parties, can eliminate the risk of exposure to COVID-19;
(c) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to the Center for Disease Control and Prevention (CDC) and other public health authorities (i) people with certain underlying medical conditions are or may be especially vulnerable, including, but not limited to, people with chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease, compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sickle cell disease, and type 2 diabetes, and (ii) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to Holder's spouse, family members, and other persons in proximity to Holder; and
(d) exposure to COVID-19 can result in subsequent quarantine, illness, disability, other short-term and long-term physical and/or mental health effects, and/or death, regardless of age or health condition at the time of exposure and/or infection.
The (AFS) cannot prevent you from becoming exposed to, contracting, or spreading COVID-19 while attending the AFS and associated events and Venues. It is not possible to prevent against the presence of the disease. Therefore, if you choose to attend the AFS and associated events and Venues you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby voluntarily choose to accept all foregoing risks (and any other risks) of contracting COVID-19 for myself in order to attend the AFS and associated events and Venues. This event is of such importance to me that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to attend the AFS and associated events rather than arranging for an alternative method of participating in the event virtually or not attending at all. I accept sole responsibility for any injury to my myself (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 or participation in AFS events and Venues.
WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right(s) to bring suit against the Annapolis Frogman Swim, the Navy SEAL Foundation (NSF) and their owners, officers, directors, managers, officials, trustees, organizers, agents, employees, volunteers, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to participating in or attending the Annapolis Frogman Swim and associated events. I understand that this waiver means I give up my right(s) to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to any and all claims of negligence and/or gross negligence, whether active or passive, on the part of the Annapolis Frogman Swim, the Navy SEAL Foundation, their owners, directors, sponsors, organizers, volunteers, employees, agents and participants and give up any claim(s) I may have to seek damages, whether known or unknown, foreseen or unforeseen.
CHOICE OF LAW: This Waiver shall be governed by laws of the State of Maryland.
NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN:
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF AFS, ITS OWNERS, DIRECTORS, ORGANIZERS, SPONSORS, VOLUNTEERS, EMPLOYEES, AND PARTICIPANTS USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED AND BECAUSE OF THE RISKS ASSOCIATED WITH COVID-19 AS DESCRIBED ABOVE. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM AFS, IT'S OWNERS, DIRECTORS, SPONSORS, VOLUNTEERS, EMPLOYEES, AND PARTICIPANTS IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY AND BECAUSE OF THE RISKS ASSOCIATED WITH COVID-19 AS DESCRIBED ABOVE. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM IN WHICH EVENT N EITHER YOU NOR YOUR MINOR CHILD CAN PARTICIPATE, AND AFS, ITS OWNERS, DIRECTORS, ORGANIZERS, SPONSORS, VOLUNTEERS, EMPLOYEES, AND PARTICIPANTS HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
VOLUNTEERS
As a volunteer I hereby acknowledge that I have carefully read this Waiver and Agreement. In consideration for the acceptance of my participation as a Volunteer in the Annapolis Frogman Swim on APRIL 28, 2024, or any associated Annapolis Frogman Swim activities or events leading up to or after the main event on April 28, 2024, as an event volunteer, I and/or my heirs, executors, personal representatives and administrators, release and forever discharge all parties, including but not limited to, the Navy SEAL Foundation, event organizers, event sponsors, support personnel, event participants, event volunteers, event staff, City of Annapolis, Anne Arundel County, the State of Maryland, any business, the owner of the premises on which the event takes place, the event producers and organizers, their agents, representatives, successors and/or assigns (collectively, the Released Parties) of all liabilities, claims, actions, damages, costs or expenses of any type whatsoever, active or passive, which I and/or my heirs, executors, personal representatives, administrators may have against the Released Parties arising out of or in any way connected with my participation in this event (including travel to or from this event), including, but not limited to, claims relating to injuries (mental and/or physical) and/or death which may be suffered by me before, during or after the event. I UNDERSTAND THAT THIS WAIVER INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS BASED ON NEGLIGENCE, ACTION, OR INACTION OF ANY OF THE RELEASED PARTIES. I further understand that this is an extreme outdoor athletic event in cold open water on an open course and all of the inherent dangers associated with such an event.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, WAIVER, AGREEMENT, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY, AND/OR MY CHILD'S RIGHTS, AS THE CASE MAY BE, CONCERNING ANY TYPE OF LIABILITY FOR ME, OR MY CHILD'S PARTICIPATION IN THE ANNAPOLIS FROGMAN EVENT, AS DESCRIBED ABOVE.
NAME: ___________________________________
DATE: __________________________________
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