2021 ACCIDENT AND RELEASE OF LIABILITY CONTRACT
I, the undersigned participant (Swimmer/Paddler/Crew), or parent on behalf of a swimmer under the age of 18, intending to be legally bound, certify that I have (my child has) sufficiently trained to swim in the 2021 S.C.A.R. Swim and that I am (my child is) physically fit and have not been advised otherwise by a qualified medical person. It is incumbent on entrants to be medically evaluated prior to the swim to ensure they are physically fit and able to participate.
I AM AWARE THAT COMPETITIVE LAKE SWIMMING, PADDLING AND CREWING IS POTENTIALLY HAZARDOUS ACTIVITY IN AN UNCONTROLLED OPEN WATER COURSE ENVIRONMENT AND CARRIES WITH IT THE POTENTIAL FOR SERIOUS INJURY OR DEATH. I KNOW IT IS A DESERT ENVIRONMENT THAT HAS SCORPIONS, RATTLESNAKES AND OTHER ANIMALS THAT CAN HARM OR CAUSE DEATH. I AGREE TO ASSUME ALL RISKS ASSOCIATED WITH THIS EVENT AND ALL ACTIVITIES INCIDENT THERETO INCLUDING, BUT NOT LIMITED TO: EXTREME PHYSICAL EXERTION, FALLS, CONTACT WITH OTHER PARTICIPANTS, ROCKS, CLIFFS, LOOSE GRAVEL, EVENT EQUIPMENT, WATERCRAFT, POWERBOATS WITH PROPELLERS, VEHICULAR TRAFFIC, BOAT TRAFFIC, AQUATIC ANIMALS AND POTENTIALLY DANGEROUS LAKE ANIMALS ON, IN AND AROUND THE WATER, THE EFFECTS OF WEATHER AND COLD WATER, AND TRAVEL TO AND FROM THIS EVENT. I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN THIS EVENT. I REALIZE THAT LIABILITY MAY ARISE FROM UNINTENTIONAL RECKLESSNESS, NEGLIGENCE OR CARELESSNESS ON THE PART OF THE ENTITIES OR PERSONS NAMED BELOW FROM DANGEROUS OR DEFECTIVE EQUIPMENT CONTROLLED BY THEM BUT HEREBY RELEASE THEM FROM LIABILITY. I AGREE TO RELEASE MY E-MAIL ADDRESS TO FELLOW SWIMMERS, CREW AND RACE OFFICIALS. I AGREE THAT EVENT PHOTOGRAPHS THAT INCLUDE MY IMAGE MAY BE USED IN PROMOTIONAL ITEMS FOR SCAR IN THE PRESENT AND FUTURE.
I AM AWARE THAT THE SCAR LAKES ARE IN REMOTE AREAS AND THAT IMMEDIATE MEDICAL CARE MAY NOT BE AVAILABLE. I UNDERSTAND A CONSIDERABLE AMOUNT OF TIME WOULD BE REQUIRED TO TRANSPORT ME TO A HOSPITAL OR EMERGENCY MEDICAL CARE FACILITY IN THE EVENT SUCH CARE WAS REQUIRED.
Having carefully read the above waiver and all event risks being known and appreciated by me (and my child) and in consideration of my application and permitting me (or my child) to participate in this event and all activities incident thereto; I hereby take action for myself and anyone entitled to act on my behalf as follows: (A) WAIVE, RELEASE AND DISCHARGE FROM ANY AND ALL LIABILITY FROM MY DEATH, DISABILITY, COVID, PERSONAL INJURY, PROPERTY THEFT OR ACTIONS OF ANY KIND WHICH MAY HEREAFTER ACCRUE TO ME INCLUDING MY TRAVELING TO AND FROM THIS EVENT, THE FOLLOWING PERSONS OR ENTITIES: Kent M. Nicholas, Candice E. Nicholas, Partners in the Event and their representatives, Sponsors of the Event and their representatives, Supporting Crew both on and off the water, and Volunteers of the Event; (B) Indemnify and hold harmless the entities or persons mentioned specifically or generally from any and all liabilities or claims made as a result of participation in this event, whether caused by recklessness, negligence of releases or otherwise. I hereby consent to receive medical treatment which may be deemed advisable during this event and agree to be solely responsible for all costs relating to medical treatment, transportation and/or evacuation. I certify that no representations have been made to me by anyone associated with this event concerning the physical condition required of a participant. I certify that I have finished a Three Mile Open Water Swim or further within the past two years and will submit proof upon request. I have been medically examined within the past year and know of no known medical condition that would cause danger to me during the swim(s). I acknowledge that this Accident Waiver and Release of Liability contract will be used by S.C.A.R. Swim Challenge and that it will govern my actions and responsibilities at this event and shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable Arizona law. I HAVE READ THIS ENTIRE CONTRACT AND UNDERSTAND ITS CONTENT WITHOUT EXCEPTION.
ANY AND ALL DISPUTES WITH RESPECT TO THIS WAIVER IS GOVERNED BY THE LAWS OF THE STATE OF ARIZONA. |