PARTICIPANT WAIVER AND RELEASE OF LIABILITY,
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

For and in consideration of United States Masters Swimming, Inc. (“USMS”) allowing me, the undersigned, to participate in any USMS sanctioned or
approved activity, including swimming camps, clinics, and exhibitions; learn-to-swim programs; swimming tryouts; fitness and training programs
(including dryland training); swim practices and workouts (for both pool and open water); pool meets; open water competitions; local, regional, and
national competitions and championships (both pool and open water); and/or related activities (“Event” or “Events”); I, for myself, and on behalf of my
spouse, children, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors, and assigns, hereby agree
to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement
(the “Agreement”);
1. I hereby certify and represent that (i) I am in good health and in proper physical condition to participate in the Events; and (ii) I have not been
advised of any medical conditions that would impair my ability to safely participate in the Events. I agree that it is my sole responsibility to determine
whether I am sufficiently fit and healthy enough to participate in the Events.
2. I acknowledge the inherent risks associated with the sport of swimming. I understand that my participation involves risks and dangers, which
include, without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and death (from drowning
or other causes); loss of or damage to personal property and equipment; exposure to extreme conditions and circumstances; accidents involving
other participants, event staff, volunteers or spectators; contact or collision with natural or manmade objects; dangers arising from adverse weather
conditions; imperfect water conditions; water and surface hazards; facility issues; equipment failure; inadequate safety measures; participants of
varying skill levels; situations beyond the immediate control of the Event organizers; and other undefined, not readily foreseeable and presently
unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions
or inactions of others participating in the Events, or the negligent acts or omissions of the Released Parties defined below, and I hereby expressly
assume all such Risks and responsibility for any damages, liabilities, losses or expenses that I incur as a result of my participation in any Events.
3. I agree to be familiar with and to abide by the Rules and Regulations, including the Code of Conduct and any safety regulations established by
USMS. I accept sole responsibility for my own conduct and actions while participating in the Events.
4. I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19, or other
viral or bacterial infection, while participating in any of the Events, and that such exposure or infection may result in personal injury, illness,
permanent disability, and death. I agree that if I have a fever, cough, feel short of breath, have any other symptoms, have knowingly been exposed
to a communicable disease such as COVID-19 I agree not to participate in USMS activities for a minimum of 10 days from the date the symptoms
started, until the symptoms have subsided or I have been cleared by a doctor. If I test positive for COVID-19 within 10 days following participation
in a USMS activity, I will notify the USMS event director, coach or club administrator immediately.
5. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: USMS, its
members, clubs, workout groups, event hosts, employees, and volunteers (including, but not limited to, event directors, coaches, officials, judges,
timers, safety marshals, lifeguards, and support boat owners and operators); the USMS Swimming Saves Lives Foundation; USMS Local Masters
Swimming Committees (LMSCs); the Event organizers and promoters, sponsors and advertisers; pool facility, lake and property owners or
operators hosting the Events; law enforcement agencies and other public entities providing support for the Events; and each of their respective
parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees, and volunteers (individually
and collectively, the “Released Parties”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense
(including court costs and reasonable attorneys’ fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to
my participation in the Events, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties.
6. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will
indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such
claim.
I hereby warrant that I am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and
conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my spouse, children, heirs and next of kin,
and any legal and personal representatives, executors, administrators, successors, and assigns), acknowledge that I have signed this Agreement
without any inducement, assurance, or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance
of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these
issues and no oral representations, statements, or inducements have been made apart from this Agreement. If any provision of this Agreement is held
to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the
validity and enforceability of any remaining provisions.

Revised 09/21/2023