In consideration of my child (ren), (“Child”), being permitted to participate in the Rutherford Swim Club Corporation (“RASCC”) Winter Swim Program (the “winter swim”), I, for myself, my personal representatives, assigns, heirs, and next of kin:(1) Acknowledge that participating in fitness activities such as swimming is a test of a person’s physical and mental limits and such participation poses potential risks of serious bodily injury, death, or property damage. With full understanding of the risks I am taking, I hereby assume all such risks.(2) Acknowledge, warrant, and represent that participation in activities sponsored by the RASCC involve inherent risks and dangers of serious bodily injury (including, without limitation, permanent disability, paralysis, or death). These risks and dangers may arise from Child’s action or inaction, the action or inaction of others participating in the access or activities, the condition in which the access or activities take place, or the negligence of Child, RASCC, Swim Club, or others participating in the access or activities. I fully accept and assume all such risks and all responsibility for any loss, cost, or damage resulting therefrom.(3) Warrant and represent that Child is in good health and his/her physical condition has been verified by a licensed medical doctor and, furthermore, the licensed medical doctor has been advised that Child intends to participate in winter swim.(4) Agree, warrant, and represent that Child will immediately discontinue participation in winter swim if his/her further participation creates an unsafe condition for Child or any other person.(5) Grant to RASCC and its officers, directors, agents, and assigns, the right to photograph Child and use Child’s image and other reproductions of Child’s physical likeness (as the same may appear in any photograph or video) on Facebook, Twitter, and any other social media or website for the promotion of RASCC and its events and activities.(6) Release and discharge RASCC and its officers, directors, agents, and members (each, a “Released Party”) from any and all loss, cost, claim, expense, cause of action, damages, loss of use, and liability caused or alleged to be caused, in whole or in part, by the negligence of any Released Party. I further covenant not to sue any Released Party for any loss, cost, claim, expense, cause of action, damages, loss of use, or liability caused or alleged to be caused, in whole or in part, by the negligence of any Released Party.(7) Agree to indemnify, defend, and hold RASCC, and its officers, directors, and agents, harmless from any and all loss, cost, claim, expense, cause of action, damages, loss of use, and liability by reason of injury (including, without limitation, permanent disability, paralysis, or death) to persons or damage to property arising out of winter swim, by myself or any member of my household, whether covered by insurance or not (including, without limitation, claims in excess of insurance limits and all claims determined not to be covered by insurance) irrespective of who may be the cause for such failure of coverage or recovery in excess of coverage.(8) Agree to indemnify, defend, and hold RASCC, and its officers, directors, and agents, harmless from any and all loss, cost, claim, expense, cause of action, damages, loss of use, and liability by reason of any claim asserted by any member of my household (other than me) or any guest or agent of any member of my household.If any provision of this agreement is invalidated by a court of competent jurisdiction, then all of the remaining provisions of this agreement will continue unabated and in full force and effect.
