Release of Liability
I hereby acknowledge that I (or my child) voluntarily have applied to participate in open water swimming at Blue Heron Lake in Raccoon River Park owned and operated by the City of West Des Moines Parks and Recreation Department. I understand that the act of open water swimming necessarily involves risks of injury, including death, to me (or my child). I understand that the aforementioned risks are entirely my responsibility and I expressly assume all of these risks. It is my understanding that no agent or employee of the City of West Des Moines will supervise the open water swimming activities occurring at Blue Heron Lake at any time.
By signing this release of liability and using Blue Heron Lake for open water swimming, I hereby fully and forever release and discharge the City of West Des Moines, the Parks and Recreation Department, and their public officials, volunteers, employees, contractors, and agents from any claims, demands, damages, rights of action or causes of action present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of my (or my child's) use or intended use of Blue Heron Lake for open water swimming. I therefore, expressly assume all risks associated with using Blue Heron Lake for open water swimming in an unsupervised manner.
Additionally, I (or my child) agree to defend, indemnify and hold harmless the City, its public officials, employees, agents, contractors, volunteers, and assigns from any and all claims, demands, causes of action, liability, loss, damage, or injury, both to person and property, arising out of, related to, or connected with arising from my (or my child's) use or intended use of Blue Heron Lake for open water swimming, whether such claims arise from my actions or those persons providing watercraft support to me. This indemnification applies to and includes, but is not limited to, the payment of all penalties, fines, judgments, awards, decrees, attorney’s fees, expert witness fees, investigation fees, settlements, related costs or expenses, interest, and any reimbursements incurred by or assessed to the City, its officials, employees, agents, contractors and assigns. I (or my child) agree to provide the City with prompt notice of any such claim, demand, or action so that the City may, at its option, defend or settle such claim, demand, or action. The firm shall have no right of coverage under any existing or future City insurance policies.
The Hold Harmless and Indemnification Agreement will be effective upon execution and of indefinite duration unless otherwise terminated by the City, at the City’s sole discretion. The terms of this Agreement shall be binding upon firm’s successors and assignees.
I (or my child) have carefully read this release of liability and understand and fully agree with its contents. I (or my child) also have received a copy of the Open Water Swimming rules, and I (or my child) agree by my signature below to fully comply with these rules.
*By signing, I (or my child) verify all of the above information is accurate, that I (or my child) have received and read of copy of the Open Water Swimming rules and agree to abide by them at all times, and that I (or my child) have carefully read the Release of Liability and fully agree with its contents.