ATHLETE WAIVER AND RELEASE FROM LIABILITY IN CONSIDERATION of being given the opportunity to participate in the Wednesday Open Water Swim (“WOWS”), I, for myself, my personal representatives, assigns, heirs, and next of kin: A.​ACKNOWLEDGE, AGREE AND REPRESENT that I am fully aware that participating in any exercise program can be a potentially dangerous, hazardous activity, and I am specifically aware that WOWS involves risks and dangers of serious bodily injury, including permanent disability, paralysis and death (“Risks”). I also fully understand that my own actions, or inactions, the actions or inactions of others, the negligence of any Releasee named below, and that there may be other risks and social and economic losses either not known to me or not readily foreseeable may cause these Risks at this time. I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I INCUR AS A RESULT OF MY PARTICIPATION IN THE PROGRAM. B.​HEREBY RELEASE, discharge, and covenant not to sue the Grim Reaper Fitness LLC and/or Tri-Shark Triathlon Club and or USMS Masters Swimming, its instructors, members, directors, agents, officers, volunteers and employees, any sponsors, advertisers and, if applicable, any owners and lessors of premises on which any portion of the Program takes place (each considered a “Releasee” herein), from all liability, claims, demands, losses or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Releasee or otherwise; and I further agree that if, despite this release and waiver of liability, assumption of the risk, and indemnity agreement, I, or anyone on my behalf, makes a claim against any Releasee, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS such Releasee from any litigation expenses, attorney fees, loss, liability, damage or costs which any may incur as a result of such claim, to the fullest extent permitted by law. I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.

Swimmers agree to pay the $5 donation and abide by common sense decorum for open water swimming. Leave the waterfront as you found it and obey all rules and regulations of the Bloomington Parks and Recreation, including driving slow upon entering the area. If asked to leave the swim area, the participant will do so immediately.