Disclaimer
I wish to participate in the open water swimming programs coordinated by Open Water Swimmers’ Foundation (OWSF) a group of open water swim enthusiasts and in furtherance understand and agree on behalf of myself, my heirs, assigns or personal representatives that my participation in any open water swimming program (including events, training sessions, competitions) coordinated by OWSF a group of open water swim enthusiasts and signature on this document means that: I am aware of the inherent risks, dangers and difficulties associated with open water swimming including the risks of serious injury, death, or loss to property associated with swimming generally and swimming or training for this open water swimming program, specifically;
I acknowledge and accept these risks and all other risks associated with my participation in this open water swimming program even if arising from negligence or gross negligence of the other participants and coordinators, the open water swimming venue and any and all persons associated with, participating or organizing the open water swimming program, including the worsening , aggravation or compounding of injuries that may be pre-existing, or caused during the course of the program or caused by negligent first aid operations or procedures performed during or with relation to my participation in this open water swimming program;
I understand and agree that all applicable rules and guidelines must be followed and that all times, THE SOLE RESPONSIBILITY FOR MY PERSONAL SAFETY REMAINS WITH ME; including but not limited to my physical or emotional condition or preparation and the fitness of the equipment used by me;
I therefore declare that:
“I take responsibility for my own actions and absolve, protect and hold such individuals I swim with from any liability arising from injury or death whilst, or consequent to, open water swimming”
I am at the present at the time of signing this declaration capable of swimming 500 metres in one go/continuously in a swimming pool;
I am medically fit to undertake open water swimming; and I don’t suffer from panic attacks in open water conditions or any water body and I do not suffer from epilepsy or fits;
In order to minimise the risks and dangers associated with my participation in this open water swim program: I agree to the following:
Wear a bright swim cap for visibility (only pink, red, yellow, orange);
Before entering water, group into a pair (or more) of similar ability, and when swimming always keep an eye on my swim buddies;
When I have finished swimming, I will check that my swim buddies are out of the water;
If inexperienced I will swim with an experienced open water swimmer to get guidance and trained while swimming in open waters;
When entering the water, I will keep a look out for any object in the water, foreign or natural, which might cause harm, e.g., glass, metal or stone;
Before swimming discuss exactly where the group will swim, the route, and any regrouping point, water conditions, any potential conflict with other water users and any deviation from these numbered procedures;
If I get into difficulties try to attract the attention of my swim buddies, turn on my back and try to make my way to the bank or shallow water;
The signal to attract attention is to turn onto my back and raise one arm in the air;
I am solely responsible for me, my belongings and the equipment that I use;
I am a team player and will abide by the rules and regulation for my safety and the safety of my swim buddies.
I also understand that other than the above, there may be additional instructions or procedures issued at any point in time during the program and that it would be my sole responsibility to fully understand the issued instructions, its implications and to adhere in entirety to these instructions.
I agree to a full release and waiver of liability and all claims and to indemnify and to save and hold harmless the above mentioned individuals, their agents and/or employees, against any and all liability, expenses, fees or costs incurred by them in relation to any claim made for personal loss, expense or injury, including injuries resulting in death to me, my child(ren) and/or other family members, or damage to my property, the property of my child(ren) and/or other family members, or both, due to any cause whatsoever, arising from negligence or gross negligence of any trainer, program organizer, the open water swimming venue and any and all persons associated with, participating or organizing the open water swimming program, including the worsening, aggravation or compounding of injuries that may be pre-existing, or caused during the course of the program or caused by negligent first aid operations or procedures performed during or with relation to my participation in this open water swimming program.