I, the undersigned student-athlete acknowledge, agree and understand that:
- I Voluntarily and of my own free will, elect to participate in the CSCAA Swimming and Diving Forum [Winter Forum].
- Furthermore, I agree that I am in good health and proper physical condition to participate in swimming and diving training and competition. I am physically fit and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in the Winter Forum. I acknowledge that this Accident Waiver and Release of Liability Form will be used by the organizers of CSCAA in which I may participate and that it will govern my actions and responsibilities at the Winter Forum.
- There are certain risks and hazards involved in participating in all sports or sporting events, including the Winter Forum and that those risks include but are not limited to:
- The acts of swimming, diving, running, jumping, stretching, sliding;
- Colliding, hitting, rushing, running into, or making physical contact with other athletes, teammates, coaches, athletic staff, referees, or spectators;
- Falling, diving, sliding, running into, or making physical contact with the ground, wall, objects, or athletic equipment;
- Minor injuries such as scratches, bruises, and sprains;
- Major injuries such as eye injury or loss of sight, neck or spinal cord injuries, joint or back injuries, concussions, serious brain damage, fractures, ligament and/or cartilage damage, and injury to virtually all internal organs;
- Catastrophic injuries including paralysis and death;
- The dangers inherent in any type of transportation, including driving in private cars, buses, or any other type of private or public transportation to and from the Winter Forum;
- The dangers being in a place open to the public;
- Exposure to harsh or extreme weather, climate, or environment; and
- Exposure to bug bites.
In consideration of my application and permitting me to participate in Winter Training, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from the Winter Forum. THE FOLLOWING ENTITIES OR PERSONS: The College Swimming & Diving Coaches Association of America, its board and members, Martin County Parks and Recreation Department, Orlando County YMCA, National Training Center or their agents, representatives or volunteers.
(B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in the Winter Forum, whether caused by negligence or otherwise. I acknowledge that the Winter Forum may carry with it the potential for death, serious injury, and personal loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, the condition of participants, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, and lack of hydration.
I consent and agree that CSCAA and/or their coaches, agents, representatives or volunteers may take photographs or digital recordings of me as I participant during this event and use these in any and all media for training or promotional purposes. I further consent that my identity may be revealed therein or by description text or commentary. I waive any rights, claims or interest and I understand that there will be no financial or other remuneration.
The accident waiver, release of liability and image release 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 DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT ON MY OWN FREE WILL.