I have voluntarily requested to enter and participate in an effort to swim the North Channel.
I understand the extreme dangers and risk of such an undertaking and am aware of the difficulty involved, even for the most conditioned athlete.
I understand that I should not enter this event unless
I am in excellent health and am fully trained and conditioned for this strenuous task.
I am also aware of the unusual weather conditions that may prevail in the Channel at any time of the year, including but not limited to: high, gale force winds; dense fog; great and swift seas; strong currents; pounding surf; treacherous rocks and reefs; and the constant presence of potentially dangerous marine creatures such as jellyfish and marine mammals.
I am aware that this Channel, is a major maritime shipping channel, plied day and night with numerous commercial vessels of great speed, tonnage and size.
I AM AWARE THAT THESE ACTIVITIES AND MY PRESENCE AND ACTIVITY ON AND ABOUT THE WATERCRAFT AND IN THE ADJACENT WATER CONSTITUTES A HAZARDOUS ACTIVITY. I AM VOLUNTARILY PARTICIPATING IN THIS ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED, AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN.
Nevertheless, with knowledge of these facts, and in consideration of acceptance of my entry, I intend to be legally bound for myself, my heirs, executors and administrators, hereby waive and forever discharge any and all rights and claims for damages that may accrue to me against the Irish Long Distance Swimming Association, the sponsors and directors of the event, the counties and municipalities involved, the individuals assisting with the event, or any person connected with this event, their representatives, successors and assignees (collectively, the “Releasees”), from all rights, claims, or liability for damage for any and all injuries to me or my property, arising out of, or in connection with:
- my participation in this event,
- my access to and presence on and about the watercraft and in the adjacent water,
- the negligence or other acts, whether directly or indirectly connected to this activity and however caused by any Releasee, and/or
- the condition of the watercraft, the adjacent water and other areas where this activity may occur, whether or not I am then participating in such activity.
I also agree that I, my assignees, heirs, distributees, guardians, next of kin, spouse and legal representatives will not make a claim against, sue, or attach the property of any Releasee in connection with any of the matters covered by this Waiver of Liability.
I further agree that I will indemnify and hold the Releasees harmless against all claims, demands, and causes of action including court costs and attorney’s fees, directly or indirectly arising from any action or proceeding brought by or prosecuted for my benefit.
I understand and accept that this release extends to all claims of every kind and nature whatsoever, whether known or unknown, and includes releasing the Irish Long Distance Swimming Association and all Releasees from any and all liabilities caused, in whole or in part, by their own simple negligence.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A WAIVER AND RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND THE IRISH LONG DISTANCE SWIMMING ASSOCIATION, AND SIGN IT OF MY OWN FREE WILL.
If Signed by Parent or Guardian : I verify that the dangers of the activities and the significance of this Waiver of Liability were explained to the Participant and that the Participant understood them