2026 Mountain Swim Series Liability Waiver

2026 Mountain Swim Series Liability Waiver
Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement

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 certify that I believe myself physically capable of completing the event(s) and activities that I have signed up for. I acknowledge that I am aware of all the risks inherent in open water swimming (training and competition), including possible sickness, permanent disability, or death, and I agree to assume all of these risks.

I, the undersigned, intend to participate in one or more of the following Mountain Swim Series events: Solstice Sunrise Swim on June 14, 2026, Carter Lake Crossing on July 18, 2026, Willow Creek Reservoir Swim on August 1, 2026, the Castle 2.5k/5k/10k Swim on August 22, 2026, and/or the Wellington Swim-Run Challenge on August 23, 2026 (referred to as the “activities”).

I fully understand that my participation may involve risk of serious injury or death or sickness, including losses which may result or caused not only by my own actions, inactions or negligence, but also from the actions, inactions, or negligence of others, the condition of the facilities, equipment, areas where the event or activity is being conducted, and/or the rules of play of this type of event or activity. I understand that if I have any concerns, I should discuss the risks associated with my participation with the activity coordinators and staff before I sign this document and before the activity begins. Additionally, I understand that if I do not comply with the rules set forth and the instructions given by the activity coordinators and staff, I will be disqualified and removed from the event without compensation or refund.

I, the undersigned, agree that as a condition of my participation in Mountain Swim Series activities, I hereby waive any and all rights and the rights of others acting on my behalf to any and all claims, demands, or causes of action for loss, damages, or personal injuries, including all claims, demands or causes of action for loss, damages, or personal injuries caused by the negligence of the following entities and individuals: Mountain Swim Series, MT Exile Productions LLC, Colorado Open Water LLC, Larry McKeough, Union Reservoir, The City of Longmont, Colorado Parks and Wildlife, Chatfield State Park, Carter Lake, Larimer County, the United States Forest Service, Castle Mountain Recreation, Wellington Reservoir, and any of the elected officials, officers, employees, volunteers, representatives, attorneys, agents, host facilities, activity sponsors, activity committees, or any individuals officiating
at the Mountain Swim Series activities (collectively referred to as “the Parties”).

In consideration of allowing me to participate in this activity, I hereby release, indemnify, and hold harmless the Parties, and do discharge and waive any and all claims, demands, losses, damages, and liabilities that I may have or sustain with respect to any and all damage and/or injury, of any type, arising out of my participation in the activity(ies).

I also agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect. In the event that a suit is brought against any of the released Parties, I, the undersigned participant and whomever else acts on my behalf, agree to compensate and reimburse the released Parties for any and all attorney’s fees, settlement amounts, time (at a rate to be determined by the Released Parties), expenses, fees, or other damages and/or injuries incurred as part of the suit.

Finally, I specifically acknowledge that I am aware and the minor participant is aware of all the RISKS inherent in open water swimming, and agree to assume those RISKS.

Indemnification by Parent/Guardian for Participation by a Minor:
The undersigned parent/guardian further agrees to release, indemnify, save and hold harmless the released Parties from any and all claims, demands, losses, damages and liabilities for indemnities, contribution or otherwise with respect to any damage and/or injury, of any type, arising from the Minor Participant’s participation in this activity. The undersigned also agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasee or the Released Parties and is intended to be as broad and inclusive as is permitted by the laws of the State in which the Activity(ies) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Furthermore, I agree to all of the conditions listed in this agreement.
If under 18, legal parent or guardian must sign In addition to the participant.