Open Water Swim Waiver
LIABILITY WAIVER FORM
(To be completed and signed on an annual basis)
WARNING! BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE IN CERTAIN CIRCUMSTANCES OUTLINED IN THIS AGREEMENT. PLEASE READ CAREFULLY.
This is a binding legal agreement between yourself as the participant(s) or parent/guardian and St Andrews Water Sports (Parties) meaning Aqueous Leisure Ltd, a company incorporated in England and Wales with company registration number 13005498 whose registered office address is at Dover Sea Sports Centre, Esplanade, Dover, Kent, CT17 9FS: therefore, clarify any questions or concerns before signing. As a participant participating in Open Water Swimming (the “activity”), the undersigned, being the participant(s) and, if applicable, the parent/guardian of the participant(s) (collectively the “participants”) acknowledge and agree to the following terms:
1) I agree to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary and I elect to participate despite the risks. Additionally, I agree that:
I must have successfully completed a 1:1 induction with a St Andrews Water Sports staff member prior to booking a swim session.
I will join/continue to be a current member of NOWCA and use the issued safety wristband to check in and out of the water.
I will wear a brightly coloured swim cap and be equipped with an approved safety tow float whilst in the water.
If aged 16yrs or younger, I will comply with the youth open water swimming restrictions when the water temperature falls below 14 degrees Celsius.
I will wear an approved personal tow float and brightly coloured swim hat when swimming.
2) I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Parties, from all claims, demands, or causes of action which are in any way connected with my participation in this activity or my use of the Parties equipment, or facilities, including any such claims which includes negligent act or omission of the Parties.
3) Should the Parties or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce agreement, I agree to indemnify and hold the Parties harmless for all such fees and costs.
4) Participating in a St Andrews Water Sports activity involves known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to myself, property or third parties. I understand such risks simply cannot be eliminated without jeopardising the essential qualities of the activity. I relinquish the right to sue in the case of injury or death due to an honest mistake or outright negligence by the Parties or their employees. The risks include, among other things: slips, fall, head injuries, being struck by equipment, struck by other participants, forces of nature including extremes of weather, lightning, rapid weather changes, exposure to sun, heat stroke, strong wind, cold, the risk of collision with objects, drowning, the risk of exposure to insect bites, injury or illness in areas of St Andrews Lakes, risk of injury, arm, shoulder and or back injuries, my own physical condition, accidental drowning and the physical exertion associated with these activities. Furthermore, the employees of St Andrews Water Sports have difficult jobs to perform; they seek safety but are not infallible. They are unaware of a participant’s fitness or abilities. They might misjudge the weather or other environment conditions. They may give incomplete warnings or instructions and the equipment being used may malfunction.
5) I certify that I have adequate insurance to cover injury or damage I may cause or suffer while participating, or else I agree to bear the cost of such injury or damage myself. I further certify that I am willing to assume all risks or any medical or physical conditions(s) I may have. I assume full responsibility for any loss of personal (camera, glasses, wallets, shoes, phones, watches etc.) and any costs associated with said loss.
6) In the event that I file a lawsuit against the Parties, I agree to do so solely in the state/ province/ country that St Andrews Water Sports operates, and I further agree that the substantive law of the state/ province/ country shall apply in that action without regard to the conflict of law rule of that state/ province/ country. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation of the activity, I may be found by a court of law to have waived my right to maintain a lawsuit against the Parties.
7) I understand that any photography, sound recording, or video taken of me under this assignment is for the sole purpose of collecting and or representing information in the interest of serving the good work of St Andrews Water Sports in education, legal matters and public good.
8)I hereby assign to St Andrews Water Sports, all the rights title, and interest including copyright, in and to any and all such photographs, sound recordings or videos, and I hereby irrevocably authorise St Andrews Water Sports, its officers, agents, business partners and employees, without limitation, including but not limited to any and all claims for invasion of privacy to reproduce, copy, exhibit, publish or distribute, in any medium now known or later developed any and all such photographs, sound recordings, or videos in perpetuity for the purposes expressed above.
9) For subjects under 18 years of age: by signing this document, I hereby certify that I am the parent or guardian of the persons/ participants named, and I do hereby give my consent without reservation to the foregoing on behalf of him or her by signing below. I acknowledge that I have freely and voluntarily entered this agreement.
ALL PARTICIPANTS OF ANY ACTIVITY AT ST ANDREWS WATERSPORTS AGREE TO THIS WAIVER AGREEMENT
The Participants acknowledge that they have read this agreement and understand it, that they have executed this agreement voluntarily and that this agreement is to be binding upon themselves, their heirs, executors, administrators, and representatives.