POLAR BEAR PLUNGE: WAIVER
WAIVER RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter referred to as the “Release Agreement”)
BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
City of Cullman Parks, Recreation, and Sports Tourism (to be referred to as “organization”) and its (their) directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as “the Releasees”)
This release is intended to fully and completely discharge City of Cullman Parks, Recreation, and Sports Tourism and its subsidiaries, affiliates, partners, officers, directors, employees, agents, clients, volunteers and insurers (hereinafter “CPRST”) from any and all liability for any loss, damage, injury, death or expense that releasing parties or releasing parties heirs, assigns and legal representatives may suffer as a result of use of the CPRST with respect to the operation, design, supervision, maintenance or condition of the SWIMMING POOL or the surrounding areas.
Indemnification and Hold Harmless: I also agree to DEFEND, INDEMNIFY AND HOLD HARMLESS CPRST and the CITY OF CULLMAN, its board members, officers, employees, elected officials and agents, from and against any and all claims, demands, actions or cause of actions, for costs, attorney's fees, expenses or damages to personal property, or personal injury, or death, which may result from any SWIMMING activities in which I am involved in.
I recognize the inherent risk associated with swimming and more particularly entering and swimming in frigid and/or just above freezing temperature. I, and on behalf of my children, assume these risks. I further state that I and my children have no known physical condition or ailment that would prevent me/them from participating in the POLAR BEAR PLUNGE. In the event of a medical emergency, I authorize the City of Cullman and Parks and Recreation Department staff and personnel to contact emergency medical personnel and to render such assistance to me and/or my children as deemed necessary by state emergency personnel. Despite the risks, on behalf of myself and my children/family members under the age of 18, I acknowledge and accept the risks associated with the POLAR BEAR PLUNGE (known, unknown, foreseeable or unforeseeable) by seeking the services identified above provided by CPRST.
In consideration of me or my child’s/children’s participation in the POLAR BEAR PLUNGE, I hereby release and agree to hold CPRST harmless from and waive on behalf of myself, my heirs and any personal representatives, any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by an act or failure to act that may arise in connection with SWIMMING activities at the CPRST. This release does not in any way exempt CPRST from liability for gross negligence, reckless conduct, or intentional wrongdoing.
I understand that this release and waiver discharges CPRST from any liability or claim that I, my heirs, or any personal representatives, may have against CPRST and its staff with respect to any bodily injury, illness, death, medical treatment or property damage that may arise from, or in connection to, any services received from CPRST.
I acknowledge that I must comply with all set procedures of CPRST to minimize the potential of injury while attending and/or participating in POLAR BEAR PLUNGE.
Participant agrees to abide by the "SWIMMING POOL RULES", as posted within the SWIMMING area, for the use of the SWIMMING POOL and will follow the instructions of the operating staff of the SWIMMING POOL. Failure to follow these codes of conduct may result in the termination of participant's use of the SWIMMING POOL, and the surrounding areas without refund.
Participant permits CPRST and POLAR BEAR PLUNGE to use any photographs, videotapes, recordings, or any other records taken while on CWAC/WildWater premises for publicity, advertising, or any other legitimate purpose.
I have read, understand and agree to the above.
If accompanying a minor: I hereby certify that I, am the adult parent or guardian of below listed children under the age of eighteen years and I consent to his/her participation in activities at CPRST despite the risks outlined herein.
DATE: _________________________________________________________________________________________
SWIMMER/GUARDIAN - PRINTED NAME: ___________________________________________________
SWIMMER/GUARDIAN - SIGNATURE: ________________________________________________________
SWIMMER/GUARDIAN - BIRTH DATE:________________________________________________________
NAME OF ACCOMPANIED MINOR (UNDER 18): _____________________________________________
NAME OF ACCOMPANIED MINOR (UNDER 18): _____________________________________________
NAME OF ACCOMPANIED MINOR (UNDER 18): _____________________________________________
NAME OF ACCOMPANIED MINOR (UNDER 18): _____________________________________________