San Francisco

Odyssey Outdoor Adventures
WAIVER AND RELEASE OF LIABILITY AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING
1. Purpose of Agreement
The purpose of this Agreement is to:
a) Inform you of the inherent risks associated with swimming in open water, specifically the San Francisco Bay.
b) Obtain your express acknowledgment and assumption of these risks.
c) Release Odyssey Outdoor Adventures, LLC, and its affiliates from liability for any injuries, losses, or damages arising from your participation.
2. Voluntary Participation
I acknowledge that I am voluntarily participating in swimming activities organized by Odyssey Outdoor Adventures, LLC (“the Organization”).
3. Acknowledgment and Assumption of Risks
I understand and acknowledge that open water swimming is an inherently dangerous activity involving risks that include, but are not limited to:
	•	Collision Risks: Collisions with boats, vessels, or floating objects. There have been instances where swimmers have been injured or killed by boats in the Bay.
	•	Marine Life Risks: Attacks or aggressive interactions with sea lions and other marine animals.
	•	Environmental Risks: Exposure to pollution, floating debris, submerged objects, and unpredictable currents that can alter course or cause injury.
	•	Physical Risks: Injuries resulting from jumping off or boarding vessels, including slips, falls, and impacts.
	•	Health Risks: Exposure to cold water temperatures ranging from 45°F to 72°F, which can lead to hypothermia, heart attacks, or drowning.
	•	Weather Risks: Sudden changes in weather conditions such as fog, wind, or storms that can increase risks.
I expressly assume all risks associated with participating in these open water swimming activities, whether known or unknown, and whether arising from the negligence of the Organization or otherwise.
4. Representations
I represent and warrant that:
	•	I am in good health and physically fit to participate in open water swimming.
	•	I have no medical conditions that would impair my ability to participate safely.
	•	I will follow all instructions, guidelines, and safety protocols provided by the Organization and its representatives.
5. Release and Waiver of Liability
On behalf of myself, my heirs, assigns, personal representatives, and next of kin, I hereby release, waive, discharge, and hold harmless Odyssey Outdoor Adventures, LLC, its officers, directors, members, officials, agents, instructors, coaches, employees, volunteers, and other participants (“Released Parties”) from any and all liability, claims, demands, or causes of action for any injury, disability, death, or loss or damage to person or property arising out of or connected with my participation in these activities, whether caused by the negligence of the Released Parties or otherwise.
6. Indemnification
I agree to indemnify and hold harmless the Released Parties from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees, arising out of or related to my participation in the activities.
7. Covenant Not to Sue
I agree that neither I nor anyone acting on my behalf will make a claim against or sue the Released Parties for any injury, loss, or damage resulting from negligence or other acts or omissions by any of the Released Parties.
8. Severability
I agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of California. If any portion of this Agreement is held invalid, the remainder shall continue in full legal force and effect.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
10. Acknowledgment of Understanding
I have read this Waiver and Release of Liability Agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this Agreement freely and voluntarily and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.


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