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01 STB Swimmer Waiver
02 Jamestown Swimmer Waiver

SWIMMER WAIVERS AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND
INDEMNITY AGREEMENT

WARNING: PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE SAVE THE BAY AND OTHER LISTED PARTIES.  DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ THE ENTIRE AGREEMENT AND SEEK ASSISTANCE OF AN ATTORNEY PRIOR TO SIGNING IF YOU HAVE ANY QUESTIONS.

PLEASE SIGN ALL WAIVERS TO PARTICIPATE: SAVE THE BAY, TOWN OF
JAMESTOWN AND THE NAVAL STATION NEWPORT.


Please enter me in The Save The Bay 42nd Annual Swim (the Swim) to be held on August 4, 2018. In consideration for your acceptance of this entry and in accordance with Chapter 7-6 of The Rhode Island General Laws, I, hereby, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, including executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”).


WAIVER #1 SAVE THE BAY RELEASE OF LIABILTY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT


1. REPRESENTATIONS
. I hereby represent that:

(i) I am in good health and in proper physical condition to participate in the Swim and I understand and agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Swim.
(ii) I attest to and certify that I am physically fit and capable of completing the Swim  and that my physical fitness has been verified by a licensed physician or medical doctor within the past 12 months; and
(iii)  I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Swim.

2. ASSUMPTION OF THE RISK. I understand and acknowledge that this is a 1.7-mile open water swim, and understand the physical and mental rigors associated with participating in the Swim, and that such events are inherently dangerous and represent an extreme test of a person’s physical limits. I understand that participation involves risks and dangers which include, without limitation, the potential for any and all injuries to my person, including death and permanent disability and/or property suffered by me arising from my participation in the Swim, and other undefined risks and dangers which may not be readily foreseeable or are unknown (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating the Swim, or the acts, inaction or negligence of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in the Swim.

3. OPEN WATER SWIM INHERENT RISK. I understand and acknowledge that there will be a safety patrol along the route comprised of Save The Bay staff and volunteers, but no particular individual will be assigned to ensure my safety unless I chose to be accompanied by my own kayaker.  Therefore SWIMMER WAIVERS AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

Should I choose to swim without a kayaker accompanying me, I understand the inherent risk of participating in the Save The Bay Swim.   

4. RELEASE, WAIVER AND COVENANT NOT TO SUE, AND INDEMNIFICATION. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: Save The Bay, Inc., its board members, officers, directors, employees, agents, individuals or institutions associated with or assisting Save The Bay in the Swim, or any participant in the Swim,  Sponsors, Property Owners, upon which the Swim takes place, Law Enforcement Agencies, and other Public Entities providing support for the Swim, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the “Released Parties”), with respect to any liability, claim(s), demands, cause(s) of action, damages, loss or expense (including court costs and reasonable attorneys’ fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate to my participation in the Event, including claims for Liability caused in whole or in part by the negligence of the released parties.

5. ADDITIONAL INDEMNIFICATION. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which may be incurred as the result of such claim.

6. USE OF IMAGE. I hereby grant permission for Save The Bay to use my name, likeness and/or image in connection with the staging and promotion of the Swim, telecasts or webcasts of the Event, and in publicity advertising and promotion material for the Swim and future editions of the Swim.  I waive any right that I may have to inspect or approve any finished product that may be used in connection with the Swim.

7. RHODE ISLAND LAW.  All matters contained within this waiver shall be governed by and construed in accordance with the substantive laws of the State of Rhode Island.

8. SEVERABILITY. If any item or provision of this Agreement shall be determined to be illegal or unenforceable, then all other terms and provisions hereof shall nevertheless remain effective and shall be enforced to the fullest extent permitted by law.


§ 7-6-9  Exemption from liability. – Notwithstanding any other provisions of this chapter:

   (a) No person serving without compensation as a volunteer, director, officer, or trustee of a nonprofit corporation, including a corporation qualified as a tax exempt corporation under § 501(c) of the United States Internal Revenue Code, 26 U.S.C. § 501(c), or of an unincorporated nonprofit organization or an unincorporated public charitable institution qualified as a tax exempt organization under § 501(c) of the United States Internal Revenue Code, is liable to any person based solely on his or her conduct in the execution of the office or duty unless the conduct of the director, officer, trustee, or volunteer regarding the person asserting the liability constituted malicious, willful, or wanton misconduct. As used in this section, "compensation" does not include a per diem or per meeting allowance, health insurance benefits, or reimbursement for out of pocket costs and expenses incurred in the service. Nothing in these provisions is construed to exempt a volunteer from liability based upon his or her ownership and/or operation of a motor vehicle.

   (b) Officers, directors, agents, servants, volunteers, and employees of a corporation are not liable for bodily injury to any person incurred while the person is practicing for, or participating in, any contest or exhibition of an athletic or sports nature sponsored by the corporation; provided, that the person has, or in the case of a minor, a parent or guardian of the minor has, signed a written waiver of liability of the corporation and acknowledgment of assumption of risk regarding the practicing for, or participating in, any contest or exhibition of an athletic or sports nature sponsored by the corporation.

History of Section. (P.L. 1984, ch. 380, § 1; P.L. 1984, ch. 444, § 1; P.L. 1987, ch. 472, § 1; P.L. 1987, ch. 522, § 3; P.L. 1988, ch. 573, § 1; P.L. 1989, ch. 186, § 1; P.L. 1989, ch. 380, § 1.)

Privacy Act Statement

Authority: 5 USC 301, 44 USC 3101
Purpose: To apply for permission to use Navy facilities.
Usage: To maintain information on participants, some of which may be used in cases of emergencies.  Information will be disclosed to Navy emergency response or medical personnel for emergency matters only.

Disclosure: Disclosure is voluntary.  Failure to provide the requested information may result in denial of permission to use Navy facilities.