Your Responsibilities, Waiver and Release
For Participation In Mediterra’s Training Events
STATEMENT OF RESPONSIBILITY: WAIVER AND RELEASE
I would like to participate in training events (“Training Events”) offered by Mediterra International LLC (“Mediterra”) and understand and agree to the following conditions:
I understand that there are risks involved with the Training Events, and in particular, with swimming related activities. Such risks include but are not limited to risks pertaining to drowning during the Training Events and/or sustaining serious injury or even death, and many other foreseeable and unforeseeable risks. I understand that Mediterra strongly encourages all participants (and if the participant is a minor, that participant’s parent(s) or other legal guardian(s)), to review all information provided by Mediterra. I understand the nature of the Training Events and have been given the opportunity to ask questions about the Training Events. I understand that I am not required to participate, but I want to do so, despite any risks and despite this statement of responsibility, waiver and release (“Waiver and Release”).
To mitigate risks associated with the Training Events, I will listen to and follow all instructions provided by Mediterra, at all times, and not deviate.
Representations and Warranties
I represent and warrant that I am and will be independently covered throughout the Training Events by a personal policy of comprehensive health and accident insurance providing coverage for injuries I sustain. I absolve Mediterra, the related host facilities, event sponsors, event committees, and any individuals officiating at the Training Events or supervising such activities, including Total Immersion Inc., and each of their respective owners, officers, employees, and agents, from all responsibility and liability for any injuries, illnesses, death, claims, damages, charges, bills and/or expenses I may incur during or as a result of the Training Events, including travel to and from the Training Events.
I further represent that I am physically fit and able to participate in Training Events without compromising my health. I understand that I must not participate in the Training Events if I believe, or have reason to suspect, that my current health or physical condition may put my health and safety, or that of other participants in the Training Events, at risk.
I understand that Total Immersion, Inc. has given only certification to the swimming instructors of the Training Events for the purpose of teaching its particular method of swimming and is not responsible for the production of the Training Events, nor responsible for my safety or well-being at the Training Events in any way. I acknowledge that Training Events are intended to train me as a swimmer. The instruction I receive does not make me qualified or certified to teach the Total Immersion method to others, nor to declare myself a “Total Immersion Instructor.”
Right to Decline Participation
I understand that Mediterra reserves the right to decline to accept or retain me in the Training Events at any time should my behavior impede the Training Events or the rights or welfare of any person. I understand that I am expected to respect all individuals during the Training Events.
I understand that if I violate any of the aforementioned policies or procedures, I may be required to leave the Training Events at the sole discretion of Mediterra and its respective officers, employees, and agents. In such an event, no refund will be given and I will bear any costs associated with the decision to require me to leave the Training Events.
In exchange for the opportunity to participate, I personally assume all risks in connection with my participation in the Training Events. Additionally, I release Mediterra, the related host facilities, event sponsors, event committees, and any individuals officiating at the Training Events or supervising such activities, including Total Immersion Inc., and each of their respective owners, officers, employees, and agents from any and all claims, judgments, and liability for any injury, including but not limited to personal injury and death, or damage to property, including but not limited to total loss, arising out of or in any manner related to my participation in the Training Events. I agree to indemnify, defend, and hold harmless Mediterra, the related host facilities, event sponsors, event committees, and any individuals officiating at the Training Events or supervising such activities, including Total Immersion Inc., and each of their respective owners, officers, employees, and agents, from any and all liability, losses, damages, judgments, or expenses, including attorney’s fees that they may incur or sustain in connection with my participation in the Training Events. I understand that this Waiver and Release covers any and all claims, including but not limited to, negligence and failure to supervise, against any of those mentioned above. I also understand that this Waiver and Release binds me, my family, estate, and/or heirs. Furthermore, I acknowledge that it is my responsibility to provide adequate health insurance for myself.
I acknowledge that I have voluntarily agreed to participate in the Training Events, and I hereby agree to accept any and all risk of injury, illness, or death. As consideration for being permitted by Mediterra to participate in the activities and use their equipment, I hereby agree that I, my assignees, heirs, distributees, guardians, and legal representatives will not make a claim against, sue, or attach the property of Mediterra, the related host facilities, event sponsors, event committees, and any individuals officiating at the Training Events or supervising such activities, including Total Immersion Inc., and each of their respective owners, officers, employees, and agents for injury, illness, death, or damage resulting from my participation in PBC activities.
Governing Law and Severability
I agree that this Waiver and Release shall be governed by the laws of the state of Oregon, USA without regard to the conflicts of laws principles thereof, and that exclusive venue for any suit hereunder shall be in Oregon. If any portion of this Waiver and Release is held to be invalid, the balance shall remain in full force and effect. I have read this Waiver and Release in its entirety. I understand its terms and agree to be legally bound by it.
BY SIGNING THIS WAIVER AND RELEASE I HONESTLY DECLARE THAT:
I have read and understood the contents of this Waiver and Release and agree to be bound by its terms.
The Waiver and Release includes important exclusions and limitations of liability and indemnities that I have agreed apply to me and operate to the benefit of Mediterra and other parties involved in the Training Events.
I am either: (a) a participant in the Training Events and I am over the age of 18 and have the capacity to execute this Waiver and Release; or (b) the legal parent or guardian of the participant in the Training Events and I am signing this Waiver and Release on behalf of the participant because the participant is under the age of 18 years and/or is without capacity.
All the information I have or will provide to Mediterra is true and accurate.
I am aware that to participate in the Training Events, I must not be under the influence of any drugs or alcohol or be adversely affected by any medication.
I agree to let Mediterra apply first aid procedures or provide or call for medical assistance if they reasonably believe I require it.
Mediterra and its authorized subcontractors have the authority to use and reproduce any photograph or video taken of me for promotional and marketing purposes including social media, display and sale by or on behalf of Mediterra without any compensation to me.
Mediterra will rely on this declaration and is not responsible for my decision to participate in the Training Events.
To agree to this Waiver and Release, on behalf of yourself or by the parent or guardian of a minor, you will need to type your fill name at the end of the registration form as your signature.