RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
Event Date: July 19, 2025
Event: Open Water Swim Event (½ Mile Swim, 1 Mile Swim, and Swim/Run)
In consideration for participating in any way in the open water swimming, kayaking, running, or related activitiesassociated with the event taking place on July 19, 2025 (individually or collectively referred to as the “Activities”), I, the undersigned, and, if applicable, on behalf of the participant of minority age named below (“the Minor”), for myself, my personal representatives, assigns, heirs, and next of kin, hereby acknowledge and agree to the following terms:
1. Acknowledgement of Health and Responsibility
I represent that I understand the nature of swimming, running, kayaking, and related physical activity and that I am qualified, in good health, and in proper physical and mental condition to participate. I agree that if I believe any conditions are unsafe, I will immediately discontinue participation in the Activities.
2. Assumption of Risk
I fully understand that:
(a) Swimming, kayaking, running, and other physical activities involve the risk of serious bodily injury, including permanent disability, paralysis, and death ("Risks");
(b) These Risks may result from my own actions or inactions, those of others participating in the Activities, environmental conditions, or negligence of the "Releasees" defined below;
(c) There may be other risks, including social and economic losses, not known to me or not readily foreseeable, which I fully accept and assume.
3. Release and Indemnification
I hereby release, discharge, covenant not to sue, and hold harmless Rye Tri Club, Rye Town, Rye Town Beach, and their respective administrators, directors, agents, officers, members, volunteers, employees, affiliated boards, sponsors, advertisers, and, if applicable, owners and lessors of the premises used for the Activities (each a “Releasee,” and collectively the “Releasees”) from all liability, claims, and damages arising from my or the Minor’s participation, including those caused by the negligence of the Releasees.
If I or anyone on my behalf or on behalf of the Minor makes a claim against any Releasee, I agree to indemnify and hold harmless all such Releasees from any litigation expenses, attorney fees, loss, liability, damages, or costs incurred as a result.
4. Rules and Compliance
I agree to comply with all event rules and requirements provided before or during the event. I understand that these may be supplemented at any time and I agree to abide by all such updates.
5. Assumption of COVID-19 Risk
I acknowledge and understand that:
Participation includes possible exposure to illness from infectious diseases, including but not limited to COVID-19.
I knowingly and freely assume all such risks, even if arising from the negligence of the Releasees.
I assume full responsibility for any injury, illness, or loss associated with the event, including those caused by Releasees.
6. Swim and Run Safety Requirements
For Swim Participants:
I affirm I am capable of safely completing the distance I have registered for (½ mile swim, 1 mile swim, or ½ mile sim + 1 mile run + ½ mile swim) without assistance.
I will follow all safety instructions given before and during the event.
I will immediately exit the water if conditions become dangerous or if instructed to do so.
For Swim/Run Participants:
I understand this event includes both a swim and a run component.
I will comply with all safety rules related to both components and follow the marked course.
7. Legal Acknowledgment
I certify that I am at least eighteen (18) years of age, or that I am the parent or legal guardian of a participant who is at least fourteen (14) years of age and I grant permission for their participation.
I have read this Agreement, fully understand its terms, and understand that I am giving up substantial rights by signing it. I do so freely and voluntarily, intending it to be a complete and unconditional release of all liability to the fullest extent allowed by law. If any part of this Agreement is held invalid, the remainder shall remain in full force and effect.
8. Medical Authorization and Financial Responsibility
In the event of illness, injury, or a medical emergency arising during the event, I hereby authorize and give my consent to the Event Director and their designees to secure from any licensed hospital, clinic, or physician any treatment deemed necessary for my (or the Minor’s) immediate care. I agree that I will be solely and fully responsible for payment of any and all medical services and treatment rendered, including but not limited to emergency transport, medication, treatment, and hospitalization.
