1. The person who is swimming with BAM Swim Team (“BAM”) at Boulder Reservoir shall be referred to herein as PARTICIPANT.
2. The PARTICIPANT acknowledges and agrees that swimming, including any open water swimming at Boulder Reservoir, can be hazardous and involves the risk of physical injury, including permanent disability or death.
3. The PARTICIPANT further acknowledges and agrees that there are particular risks associated with open water swimming at Boulder Reservoir. Recognizing all of these risks, PARTICIPANT voluntarily chooses to take part in BAM’s open water swim sessions at Boulder Reservoir (the “Activity”) and voluntarily assumes all risks associated with the Activity.
4. The PARTICIPANT agrees to be bound by all BAM and City of Boulder rules, including, but not limited to, those identified below.
5. By signing below, the PARTICIPANT, as a condition of participation in the Activity, agrees to HOLD HARMLESS, RELEASE, DEFEND, AND INDEMNIFY the following: BAM, Colorado Masters Swimming Association (“COMSA”), United States Masters Swimming (“USMS”), USA Swimming (“USAS”), the City of Boulder, their affiliated organizations and companies, and all their agents, employees, representatives, assignees, officers, directors, supervisors and volunteers, and insurance carriers (collectively the “Releasees”), for any and all liability and/or claims for injury or death to persons or damage to property arising out of PARTICIPANT's participation in the Activity, including claims based on alleged or actual negligence, active or passive, or the breach of any express or implied Warranty or Contract, and hereby WAIVES any and all rights to claims for loss or damages, including all claims for loss or damages caused by the negligence, active or passive, of the Releasees.
6. PARTICIPANT acknowledges reading and understanding the following disclosures and agrees to abide by specific rules regarding the open water swims at Boulder Reservoir:
All swimmers must complete and sign this waiver, and check in/check out before and after each swim.
All swimmers must stay on the designated course to the best of their ability and comply with all directions
and instructions given by lifeguards and/or BAM volunteers and staff
No one is to enter the water prior to the official starting time or swim beyond the end of the official ending time.