Our swims and other activities are not supervised. They are simply a chance for fellow enthusiasts to enjoy the open water together, safely and responsibly. Openwater swimming is fun and healthy, but comes with a range of hazards, risks, and uncertainties. Know your abilities, and take responsibility for your judgements and actions. GLOW Swimming Incorporated and its officers and participants are not liable for any losses, injuries, or damages suffered or otherwise incurred by anyone during or related to our activities.
That’s the short version! Here’s the longer statement that you’re agreeing with …
If you join us in any capacity during or related to our activities, we assume you have read and agree with all of the following:
By participating in any way (including without limitation by observing, swimming, kayaking, paddleboarding, or otherwise supporting) in a swimming event in the waters of Lake Huron, Lake Ontario, Lake Michigan, Lake Superior or other designated waters (collectively, the “The Great Lakes”), which may or may not be observed and recorded by the Great Lakes Open Water Swimming (“GLOW Swimming Inc.”) for the purpose of sanction, verification or authentication by GLOW Swimming Inc., or events and activities related to such swims (including without limitation entering or exiting any body of water from or near any ladder, vessel, dock, land formation or otherwise, with or without assistance), you agree, for yourself, and your personal representatives, assigns, heirs, distributees, guardians, executors, administrators and next of kin, with each of the following:
- You acknowledge that winter swimming, ice swimming, and open water swimming are inherently dangerous activities and can result in drowning, hypothermia, heart attack, death, and other forms of grievous injuries. You explicitly and voluntarily and without any form of inducement accept these risks and hold GLOW Swimming Inc. and its directors completely harmless and releases them from any and all manner of claims.
- You acknowledge that the activities in question are inherently dangerous and involve risk of serious injury, permanent disability, death, and property damage. You assume full responsibility for and risk of bodily injury, permanent disability, death and property damage, whether due to the negligence of any of the Releasees or otherwise, including negligent rescue operations or procedures of any of the Releasees.
- You acknowledge the difficulties involved in this and other GLOW-related aquatic and associated activities, including without limitation the risk of exhaustion or hypothermia, even for a well-conditioned athlete. You acknowledge that participation in these activities should not be undertaken unless you are in good health and adequately trained and conditioned for the strenuous task of activities involving water and air temperatures significantly below normal human body temperature. You acknowledge that GLOW Swimming Inc. has no duty before, during, or after the Swim to assess or evaluate the training, physical fitness, then-current mental or physical capacity or condition of you or any other participant, or to offer or provide any medical assistance or other aid. You assume full responsibility for, and risk of, bodily injury, death, or property damage (including without limitation as associated with the adequacy of your physical fitness, training, and conditioning as well as any medical condition you may have, acute or otherwise), whether due to the negligence of any of the Releasees or otherwise, including negligent rescue operations or procedures of any of the Releasees.
- You assume full responsibility for any risk of bodily injury, death or property damage arising out of or related in any way to the activities in question, whether caused by the negligence of any of the Releasees or otherwise.
- You agree to waive any and all claims you have, or may have in the future, against GLOW Swimming Inc., its directors, officers, employees, agents, representation, and anyone who might need defence or indemnity from GLOW Swimming Inc. You specifically release GLOW Swimming Inc. from any and all liability for any loss or damage or injury including death or disability you may suffer due to any cause whatsoever including negligence, breach of contract, breach of duty of care, breach of statutory duty of other duty of care and failure to protect me from the risks of danger of cold water or open water swimming referred to above.
- You release, waive, discharge and relinquish any action or cause of action and covenants not to sue GLOW Swimming Inc., its directors, officers, members, agents (including without limitation persons assigned to observe or assist the Swim), servants and employees (the “Releasees”) from all liability for any and all loss or damage, and any claim or demand therefor on account of injury or damage to person or property or resulting in death, whether caused by the negligence of any of the Releasees or otherwise.
- You agree to indemnify and hold harmless the Releasees from any loss, liability, damage or cost, including without limitation court costs and attorney’s fees, any Releasee may incur resulting from claims, demands and causes of action of every kind, known or unknown, directly or indirectly arising from any action or proceeding brought by or prosecuted for you and related in any way to the activities in question, whether caused by the negligence of any of the Releasees or otherwise.
- You acknowledge that GLOW Swimming Inc. (and its invitees if any) shall have no responsibility for the actions of escort vessels you or other participants have retained for any purpose related to GLOW events and activities, their captains, and crew or any other invitee, including without limitation actions associated with navigating or piloting a vessel and feeding or providing medical assistance to you. You assume full responsibility for and risk of bodily injury (including without limitation dismemberment or any other injury sustained by boat propeller, hull impact, or the like), death, or property damage associated with the hiring of such vessel and the actions of its captain and crew (including without limitation the actions mentioned in this paragraph), whether due to the negligence of any of the Releasees or otherwise.
- You acknowledge and agree that: (i) any activity is your sole responsibility; (ii) you are completely responsible for taking or implementing any and all precautions and measures appropriate or advisable for any such undertaking, including without limitation maintaining adequate insurance related to such undertaking; (iii) there is no role or responsibility whatsoever for GLOW Swimming Inc. or any of the Releasees in this regard; (iv) you are participating in any Swim on your own initiative and are not responding to any advertisement or promotional activities of GLOW Swimming Inc. or acknowledgments or awards that have been offered or may be provided by GLOW Swimming Inc. in connection with any swim or related activity; and (v) you are absolutely free to undertake this swim without any involvement of GLOW Swimming Inc. whatsoever. GLOW Swimming Inc. disclaims any and all duties or obligations of any kind, including without limitation any duty or obligation to maintain any insurance against risk of injury to you, and you expressly acknowledge the absence of any such duties or obligations, hereby affirmatively waiving any such duties or obligations as well as any inference of the same.
- You have had adequate time to review this statement and completely understand the concepts and limitations contained herein, and acknolwedge that GLOW Swimming Inc. has been available to answer any questions related to this statement and the activities in question, and that all such questions have been answered to your satisfaction.
- This statement is intended to be as broad and inclusive as is permitted by the laws of the Province of Ontario. You agree that, if any portion hereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.
- You have read and fully understand these terms and conditions. You understand that you have given up substantial rights by participating in GLOW-related activities, and you do so freely and voluntarily without any inducement.