Red Tide NYC USMS Team Open Water Swimming
Waiver and Release of Liability
 

In consideration of being allowed to participate in open water swimming activities, related events, and activities conducted by Red Tide NYC USMS at NYC-area beaches, rivers, and lakes, the undersigned acknowledges, appreciates, and agrees that:
 

1. Risks of Injury, Illness, and Legal Violations:
   Open water swimming carries significant risks, including but not limited to the possibility of serious injury, permanent paralysis, and death, as well as illness from water conditions. Additionally, I acknowledge that swimming in designated areas without the presence of lifeguards may violate New York State regulations (see NYS Health Code Article 167). By signing this waiver, I accept full responsibility for any citations or fines incurred from such violations. I also acknowledge that while certain rules, equipment, and personal discipline may mitigate these risks, the risks remain significant.
    

2. Assumption of Risk:
   I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation in these open water activities. I further agree to comply with all stated and customary terms and conditions for participation, as well as any posted or otherwise communicated rules about swimming in the locations used by Red Tide NYC USMS.
    

3. Removal from Participation Due to Hazards:
   If I observe any unusual or significant hazard during my participation, I will immediately remove myself from participation and report such hazards to the nearest official or event leader.
    

4. Release and Hold Harmless:
   I, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin, HEREBY RELEASE AND HOLD HARMLESS RED TIDE NYC USMS, INC.; their officers, directors, agents, employees, participants, sponsoring agencies, commissions, sponsors, advertisers, volunteers, coaches, and, where applicable, owners and lessors of premises and equipment used to conduct club activities ("RELEASEES"), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, legal liability, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
    

5. Photographic and Video Release:
   I understand and agree that photographs and videos may be taken of me during my participation in Red Tide NYC USMS activities. I hereby grant permission for these photos and videos to be used without restriction for reporting, promotion, or other related purposes.
    

6. Acknowledgment of Legal Restrictions:
   I acknowledge that New York State regulations prohibit swimming at beaches without lifeguards, and I accept any legal or financial consequences resulting from violation of these regulations. I agree that Red Tide NYC USMS is not responsible for any fines or legal actions taken against me due to non-compliance with state or city regulations, including those outlined in NYS Health Code Article 167.
    

7. Acknowledgment of Liability Release:
   I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I UNDERSTAND THAT BY SIGNING THIS WAIVER, I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE, AND I AGREE TO ACCEPT ALL RISKS INVOLVED IN OPEN WATER SWIMMING ACTIVITIES.

 

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