2020 WaveOne Open Water Waiver of Liability and Release
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 while participating in WaveOne Open Water swim workouts, events, clinics, lessons or other approved activities (collectively, the “Activities”), and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Activities may result from the actions, omissions, or negligence of myself and others, including, but not limited to, WaveOne Open Water (WaveOne), National Harbor, The Peterson Companies, all their related entities, and their respective employees, volunteers, and program participants and their families (the “Released Parties”). I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to me (including, but not limited to, personal injury, disability, all other risks and results due to my health including undiagnosed conditions and health conditions that may or may not be the result of participation in this event, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I, may experience or incur in connection with my attendance at any of the Activities (“Claims”).
I agree that if I have a fever, cough, feel short of breath or am experiencing any other symptoms or have knowingly been exposed to a communicable disease such as COVID-19 or have traveled to or from a highly impacted area, I will not attend any of the Activities for at least two weeks after exposure or symptoms have subsided or I have returned from a highly impacted area. In addition, if I discover I have been exposed to a suspected or positive case of COVID-19 or have tested positive for COVID-19, I will notify a WaveOne administrator immediately.
On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless WaveOne Open Water, National Harbor, The Peterson Companies, all their related entities and their employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the WaveOne Open Water (WaveOne), National Harbor, The Peterson Companies and all their related entities, and their employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Activities. In addition, I agree to indemnify and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses and/or liabilities (including attorneys’ fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Release Parties due to bodily injury, death, loss of use, monetary loss or any other injury from or related to the Activities whether caused by the negligence of the Released Parties or otherwise.
I, the undersigned participant, intending to be legally bound, hereby certify that I am physically fit and have not been otherwise informed by a physician. I acknowledge and represent that I am solely responsible for my well-being before, during, or after participation in any Activities, including my ability to swim and navigate in open water.
I give permission for receiving updates, news and other information from the Parties associated with this event unless otherwise indicated. I will not promote third party sponsors, causes, or charities unless pre-approved by the Event Director. I will not employ a coach or coach any other participant during any Activity unless authorized in writing by WaveOne. I shall follow any instruction of WaveOne personnel and shall not impede or otherwise interfere with any other swimmer physically or verbally. I understand that there will be no refunds given for any reason including event cancellation or cancellation due to weather. I understand the risks associated with open water swimming and that conditions change quickly without notice, and any Activity may be delayed or modified for any reason or unforeseen circumstance, including weather.
AUTHORIZATION AND EVENT PROMOTION:
I, the enrolled participant, agree to be filmed, photographed, taped, quoted or otherwise mentioned (without compensation) by WaveOne or by anyone authorized by the WaveOne. This includes but is not limited to the official and authorized photographers, writers, hosts, or sponsors of this event under the conditions authorized by the WaveOne. I give the WaveOne, and anyone authorized by the WaveOne, the right to use (without compensation) my name, picture, likeness, quotes, and biographical information, whether audio or visual, before, during and after the period of my individual or team participation in this event.
By signing below, I acknowledge and represent that I have read the foregoing waiver of liability, understand it and sign it voluntarily as my own free act, including the release of liability and indemnification requirements contained in this document. I agree that this agreement shall be enforced as fully as possible and that any unenforceable provisions shall be deemed modified to the limited extent to permit enforcement.
Signed and Acknowledged Date
Parent or Guardian if Participant is under 18 years of age. Date
WaveOne Open Water Swimming Disclosure:
Open water swimming involves variable conditions. Every day is different. Every swim is different. Please see our website for schedule and weather updates particularly prior to event date for confirmation of start time. Cancellations due to weather shall be determined in the best interest of the swimmers and no refunds will be given for weather cancellations. All swimmers swim at their own risk. Risks may include potential injury and death. Your safety is your responsibility. To reduce risks, our swims are conducted in exclusive restricted areas. We reserve the exclusive right to prohibit or restrict the entry of any swimmer or person to the water or staging area, for any reason, at the sole discretion of WaveOne Open Water, its coaches, and/or safety personnel. We reserve the right to require swimmers to wear or employ additional safety devices or measures. Failure to follow these recommendations or restrictions constitutes permission for removal from the event premises. Prices and event times subject to change without notice. No refunds or transfers. Park, parking, or entrance fees are not included in the swim/clinic or event fee, unless indicated in the checkout item.
WaveOne Open Water Terms of Service and Privacy Policy
1. Terms
By accessing the website at http://www.waveoneswimming.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on WaveOne Open Water's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on WaveOne Open Water's website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by WaveOne Open Water at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
The materials on WaveOne Open Water's website are provided on an 'as is' basis. WaveOne Open Water makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, WaveOne Open Water does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall WaveOne Open Water or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on WaveOne Open Water's website, even if WaveOne Open Water or a WaveOne Open Water authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on WaveOne Open Water's website could include technical, typographical, or photographic errors. WaveOne Open Water does not warrant that any of the materials on its website are accurate, complete or current. WaveOne Open Water may make changes to the materials contained on its website at any time without notice. However WaveOne Open Water does not make any commitment to update the materials.
6. Links
WaveOne Open Water has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by WaveOne Open Water of the site. Use of any such linked website is at the user's own risk.
7. Modifications
WaveOne Open Water may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Washington DC and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Privacy Policy
Your privacy is important to us.
It is WaveOne Open Water's policy to respect your privacy regarding any information we may collect while operating our website. Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information. We have outlined our privacy policy below.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We will only retain personal information for as long as necessary for the fulfilment of those purposes.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. WaveOne Open Water may change this privacy policy from time to time at WaveOne Open Water's sole discretion.