I understand that swimming in the Edmund Fitzgerald Memorial Swim (Event) or assisting swimmers in the Event, whether paid or volunteering, are potentially hazardous activities that may expose me or others to serious, permanent injury or death, and I should not participate in the Event in any capacity unless I am medically able and properly trained.  I certify as a material condition to my being permitted to participate in this Event that I am physically fit and sufficiently trained for the completion of the swim or for completion of my responsibilities in assisting swimmers, and that a licensed Medical Doctor has verified my physical condition.  I assume all risks associated with my participation in the Event including, but not limited to any bodily injuries and damaged or lost personal property, all such risks being known and appreciated by me.

I hereby waive and forever release any and all rights and claims for damages or injuries that I might otherwise have against any person or organization described in this paragraph arising out of my participation including any such claims which allege negligent acts or omissions.  I, for myself and anyone entitled to act on my behalf, hereby agree to defend and hold harmless Event Marketing Enterprises, all Event staff, volunteers, emergency medical professionals, lifeguards, water craft owners and their operators and crew (henceforth including charter boat Captains, First Mates, private vessel operators, deck hands, volunteer spotters, dinghy operators, personal watercraft operators, kayakers and paddle/surf boarders), all charitable beneficiaries, event sponsors, suppliers, vendors, hosts for the Event and it’s ancillary events, along with their respective departments, boards, agencies, commissions, directors, officers, agents, employees, successors and assigns, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorney’s fees, arising out of my participation in the Event.  This release includes all injuries and/or damages suffered by me before, during or after the event.

If an Event staff member, emergency medical professional, lifeguard or volunteer, I agree to defend and hold harmless the aforementioned for liability arising out of use of my own vehicle while participating in the Event, and I warrant that I carry a minimum of $300,000 of liability insurance on my vehicle.  If an owner or operator of a power boat, dinghy, personal watercraft, kayak, or paddle/surfboard, I agree to defend and hold harmless the aforementioned for any acts of negligence on behalf of myself, my crew, or any passenger on my vessel.  If I am an owner of a power boat, I warrant that I carry a minimum of $1,000,000 in primary liability insurance on my craft or a minimum of $500,000 if I am the owner of a personal watercraft or dinghy not covered by another liability insurance policy.  

In the event of an illness, injury or medical emergency arising during the event I hereby authorize and give my consent to Event personnel to secure from any accredited hospital, clinic and/ or physician any treatment deemed necessary for my immediate care. I agree that I will be fully responsible for payment of any and all medical services and treatment rendered to me including but not limited to medical transport, medications, treatment and hospitalization.

As it applies to my participation in this Event, I agree to abide by the Center for Disease Control (CDC)’s recommendations for the prevention of the spread of COVID-19 and attest to having read the CDC’s guidance.  I also agree to abide by any COVID-19 distancing and other safety guidelines issued by the state, the community or by the Event.  

I grant permission to all the foregoing to use my name, voice and images of myself in any photographs, motion pictures, results, publications or any other print, videographic or electronic recording of this event for legitimate purposes.

I understand that Event Authorities (Event personnel, law enforcement personnel, emergency medical professionals, lifeguards, support vessel operators and crew, and anyone acting under the direction of the aforementioned), have full authority to make safety decisions which could prohibit participants from entering the water or force swimmers out of the water without financial reimbursement or compensation.  I agree to abide by all rules of the Event, written or verbal, and follow all directives of Event Authorities.

If a swimmer, I understand the following:  Entry fees, less RunSignUp's registration processing fee, are refundable if I am up to date in meeting my fundraising requirements at the time I opt out, and provided a replacement swimmer from the waitlist is secured by the Event.  Fundraising revenue is nonrefundable.  Event Authorities reserve the right to delay, cut short, re-route the swim course, postpone, or cancel an Event stage or the Event in its entirety due to circumstances beyond their control such as acts of God and all force majeure including but not limited to inclement weather, poor lake conditions, natural disaster, terrorism, riots, outbreak of communicable disease, emergency, or as required to protect the safety of participants and staff.  The Event is not obligated to issue refunds under these circumstances.  The Event reserves the right to change the details of the Event without prior notice.  

By submitting this entry, I acknowledge (or a parent or adult guardian for all children under 18 years) having read and agreed to the above release and waiver including the refund policy.