Policies | BAM Member App

ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT

IN CONSIDERATION for being permitted to utilize the facilities, services, and programs of BAM SWIM TEAM, d/b/a Boulder Aquatic Masters (“BAM”) including, but not limited to observation or use of facilities or equipment, or participation in any off-site program affiliated with BAM, the undersigned, on behalf of himself or herself and any personal representatives, heirs, and next of kin (hereinafter referred to as “the undersigned”) hereby acknowledges, agrees and represents that he or she has inspected and carefully considered such premises, equipment and facilities and/or the affiliated program and that the undersigned finds and accepts same as being safe and reasonably suited for the use or participation by the undersigned and such participating children.

In addition, the undersigned acknowledges that novel coronavirus (“COVID-19”) infections have been confirmed throughout the United States and Colorado, including cases in the counties in which BAM operates. In accordance with the most recent guidance and protocols issued by the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), the Colorado Department of Public Health (CDPH), the county health departments in the counties in which BAM operates (together, the “Public Health Agencies”) for slowing the transmission of COVID-19, the undersigned hereby agrees, represents, and warrants that the undersigned shall not visit or utilize the facilities, services, and programs of BAM (other than any exclusively online services and programs) within 14 days after (i)returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, or (iii) exposure to any person who has a suspected or confirmed case of COVID-19.

The undersigned agrees to check the CDC Travel Health Notices list (https://www.cdc.gov/coronavirus/2019-ncov/travelers/index.html) prior to utilizing the facilities, services, and programs of BAM, on a daily basis if necessary.The undersigned hereby agrees, represents, and warrants that the undersigned shall not visit or utilize the facilities, services, and programs of BAM if he or she (i) experiences symptoms of COVID-19, including, without limitation, fever, fatigue, cough, or shortness of breath, or (ii) has a suspected or diagnosed/confirmed case of COVID-19. The undersigned agrees to notify BAM management immediately if he or she believes that any of the foregoing access/use restrictions may apply.

BAM has taken certain steps to implement recommended guidance and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19, including, without limitation, the access/use restrictions set forth above. The undersigned acknowledges and agrees that BAM may revise its procedures at any time based on updated recommended guidance and protocols issued by the Public Health Agencies and further agrees to comply with BAM’s revised procedures prior to utilizing the facilities, services, and programs of BAM.

The undersigned fully understands and appreciates both the known and potential dangers of utilizing the facilities,services, and programs of BAM and acknowledges that use thereof by the undersigned and/or such participating children may, despite BAM’s reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.

IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER CITY FACILITIES AND POOLS RENTED BY BAM FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO, OBSERVATION OR USE OF FACILITIES OR EQUIPMENT, OR PARTICIPATION IN ANY ON-SITE OR OFF-SITE PROGRAM AFFILIATED WITH BAM, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:

THE UNDERSIGNED, ON HIS OR HER BEHALF, HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE BAM, its directors, officers, employees, volunteers, representatives, agents, successors and assigns, administrators, and executors (herein after referred to as “Releasees”) from all liability to the undersigned and all personal representatives, assigns, heirs, and next of kin of the undersigned or such participating children for any loss or damage, and any claim or demands on account of any property damage or any injury to, or an illness or the death of, the undersigned or such participating children (or any person who may contract COVID-19, directly or indirectly, from the undersigned) whether caused by the negligence, active or passive, of the Releasees or otherwise while the undersigned or such participating children are in, upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with BAM.

The undersigned expressly and knowingly waives all rights under California Civil Code Section [HB3] 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees, and each of them, from any loss, liability, damages or costs they may incur, whether caused by the negligence, active or passive, of the Releasees or otherwise while the undersigned or any participating child is in, upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with BAM. The undersigned understands and agrees that BAM is not required to provide insurance to cover the undersigned in the event they suffer illness, injury, death, property loss, theft or damage of any sort upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with BAM.

The undersigned agrees and acknowledges that use of pool facilities and services, and participation in BAM programs, may involve inherent danger and risk, including, without limitation, the risk of physical illness or injury, death or property damage.

THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY, DEATH OR PROPERTY DAMAGE to the undersigned due to negligence, active or passive, of Releasees or otherwise while in, about or upon the premises of City facilities and pools and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with BAM. The undersigned acknowledges that any illness or injuries that the undersigned or such participating children contract or sustain may be compounded by first aid or emergency response of the Releasees and waive any claim in respect thereof.

THE UNDERSIGNED further expressly agrees that the foregoing ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the law of the State of Colorado and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM BAM IN CASE OF ILLNESS, INJURY, DEATH, OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AT ANY YMCA FACILITY OR PROGRAM AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS.

I have read and understand the terms of this Assumption of Risk, Release and Waiver of Liability, and Indemnity Agreement and agree to its terms.

Boulder Aquatics Masters (BAM) seeks to provide a supportive environment to encourage and educate adult swimmers to achieve their fitness and/or competitive swimming goals through structured swim instruction and workouts designed for a variety of individual levels and purposes. This requires a positive, safe, and welcoming environment. To that end, the BAM Code of Conduct defines our expectations for members, board of directors (BAM Board), coaches and visitors – all of whom must agree to abide by this Code of Conduct. Participants enter into this agreement by participating in any BAM activity. The privileges of membership and participation or employment may be withdrawn or denied if an individual’s behavior is inconsistent with mission, values, bylaws or operating policies of BAM, Colorado Masters Swimming Association (COMSA) or US Masters Swimming (USMS).

Code of Conduct

Members, coaches and visitors shall obey all facility and government-imposed rules and share the pool or open water venue responsibly and courteously. Swimmers shall follow coaching staff instructions and make honest efforts to follow workouts as given. With the approval of the coach on deck, swimmers may modify the given workout only if their adjustments do not interfere with other swimmers. It is expected that such swimmers will notify their lane mates and position themselves accordingly.

Coaches are responsible first and foremost for the safety of all swimmers present at a workout. The judgment of the coach in charge shall be respected by all swimmers. If a swimmer feels that such a judgment or decision is unfair or in error, the swimmer should first speak to the coach and make an effort to resolve the issue. If unable to reach a resolution that way, the swimmer is encouraged to bring the matter to the attention of the BAM Board or file a written grievance.

All members, coaches and visitors are expected to maintain an environment of kindness and respect which is free from harassment, discrimination and intimidation. Members, coaches and visitors shall refrain from publicly judging, criticizing, or otherwise creating a hostile environment. Physically or verbally abusive behavior is unacceptable at workouts, any BAM-sponsored activity, or any COMSA or USMS event. For additional information on unsporting conduct and discrimination see USMS Code of Conduct articles 402.4 and 501.3

If unable to resolve conflicts on their own in a civil and reasonable manner, members, staff or visitors should contact the BAM Board for assistance and mediation.

Penalties for Violation of the Code of Conduct

If a member (including BAM Board member) or visitor violates the Code of Conduct, any or all of the following penalties may be applied at the discretion of the BAM Board:

Private reprimand
Suspension from practice without reimbursement of fees paid
Revocation of membership and denial of participation. This penalty shall be used in cases of egregious, repeated, and/or irresolvable violations, and it requires concurrence of the BAM Board.

If any member of the coaching staff violates the Code of Conduct, he or she may be subject to appropriate action according to section 4.04 of the BAM bylaws.

Conclusion

BAM aims to be a diverse group of people who can safely enjoy time together both in the water and away from workouts. We rely deeply on each other’s commitment to uphold the highest standards of conduct. Everyone is expected to behave considerately, and witnesses to deviations from our values are asked to speak up.

Here are a few lane etiquette rules & helpful hints to make sure everyone has a good time and is happy in their lanes. First and foremost, meet your coach and lane mates and have fun!

Try to arrive on time for the workouts so the coach can arrange the lanes appropriately.

If a swimmer is late, check in with the coach & they will catch you up to speed on the set – try not to interrupt the swimmers while in the middle of a set. Stay at the back of the lane, and swim warm-up speed until the lane can be arranged from fastest to slowest for the next set.

Allow the coach on deck to place you in the appropriate lane for your ability. Let the coach know if you are new to Masters, just getting back in shape, tired, raring to go, etc. so that the coach can help place you in the appropriate lane & order within the lane.

If you are new to swimming or haven’t been swimming in a while, rest when needed and do not hesitate to get out when you have had enough…Listen to your body and be wise about what is right for you.

Always circle swim in the lane (swim on the right side of the lane close to the lane line).

The first two people leading the lane dictate the pace of the lane. The leader of the lane, ideally, can read the pace clock well, understand the sets, and is the fastest swimmer for each particular set on that day.

Make sure the lane order is correct from fastest to slowest for each particular set so there is good lane flow. Swimmer order can shift throughout the workout if one swimmer is stronger at kicking, non-free, etc. Please try to avoid frequent lane order within a set and have the order set at the beginning of of each set.

When there are more than 5 people in the lane, swimmers go 5 seconds behind one another – please do not leave less than 5 seconds apart, with the order of swimmers, fastest to slowest.

When there are 4 or fewer people in a lane, there is the option for each swimmer to go 10 seconds apart. At long course meters workouts, swimmers may go 10 seconds apart when there is a larger quantity of swimmers in than lane than just 4. Rely on the coach to guide you if swimmers should go 5 or 10 seconds apart.

When turning at the wall, swimmers go from the right side of the lane to the left corner to turn & push off. If you need to stop for whatever reason, do your best to stop at the end of the lane and stand in the right corner (opposite of where swimmers turn). Stopping in the middle of the lane poses safety hazards, for you and your lanemates.

If you are catching the person in front of you, tap them on the foot while swimming, and that person should stop at the end of the lane in the right corner and let you turn and move ahead of them. Ideally, lane order should be corrected at the wall when there is a break in the swimming.

Communicate to your lane mates or at the very least, the swimmer right in front of you and the one directly behind you if you are leaving, dropping out for a moment, or would like to lead versus follow. Good lane mate communication is helpful and paramount so that we all get a great workout in.

When you finish any swim, the leader should go to the wall all the way to the left, and keep the wall open for the next swimmer. The second person should stop in the middle of the lane. Swimmers after that should touch the wall and line up behind the second person so that the next person can finish to the wall (this only works on the shallow end). Those waiting on the wall should take as little wall space as possible. When starting a new swim, move over so that the next person can get ready to start at the wall on the right side, and leave room for the person after that to get ready.

In the case of a crowded lane, if the coach has not moved you, an option is to move yourself to a faster lane with fewer people and use equipment like fins or paddles.

Don’t change the intervals without the agreement of the coach and all the people in your lane.

If you are doing something different than what the coach has assigned (toys, strokes, etc.), modifications are welcome, but, make sure your lane order is correct and you are not interfering with others in your lane. This will prevent hold ups and hiccups in lane speed flow.

Ultimately communication is key to having a great experience in the pool and at our workouts. Please talk to your coach, and keep your lane mates informed. This will help foster an environment for all of us to have a great session together.

By selecting or purchasing a BAM membership or pass, I affirm the following:

A. General

I understand that swimming has inherent risks. I have read and signed the BAM Release of Liability and agree to assume all risks from any activities, including but not limited to swim workouts and open water swims, associated with BAM.
I agree that I am physically able to swim, and will not attend any workout, open water swim, or other BAM-sponsored activity contrary to medical guidance.
I have read and agree to be bound by the terms of the BAM Code of Conduct.
I have read and agree to follow the BAM Swim Etiquette Guidelines.

B. Passes and Memberships

I understand that the price of any recurring pass, such as the Monthly Membership, will be automatically charged to my method of payment every month until I cancel that membership.
I understand that each pass will expire as specified at time of purchase. Any remaining swims on the pass will be forfeit at the time of expiration. This applies to any pass, such as a Punch Pass, Drop In Pass, or Try One Free Pass, with a limited number of swims.
I understand that each unlimited membership option, such as 12 Month, 6 Month, and Monthly, will only be valid from the selected start date until the specified time period has ended.
I understand that sponsorship discounts for BAM membership shown at time of purchase may change at BAM's discretion at any time.
I understand that the Try One Free Pass is only available for swimmers who have not previously swum with BAM and can only be selected one time.
When purchasing any Extreme Pass or Membership, I affirm that my birthdate has been entered correctly on this website, and that I am currently under the age of 30, at least 65 years old, or a current Medicare or Medicaid card holder.
If I require on-deck assistance during my swim workout, BAM permits, at no extra cost, a Caretaker to accompany me during workouts. Caretakers must purchase their own pass or membership and sign up for any workouts when they wish to participate in as a swimmer.

C. Workouts and Sign Up

I understand that all workouts are subject to cancellation for reasons beyond BAM’s control, such as, but not limited to: pool closure, weather, and coach unavailability.
If I purchase a Punch Pass or Drop In Pass, I understand that my only remedy for workout cancellation is a full refund to that pass for the cost of a single workout.
If I select a Try One Free Pass, I agree that my only remedy for a cancelled workout is the opportunity to select another workout to swim for free.
If I have an unlimited membership, I agree that there is no refund for a cancelled workout.
I agree that I will sign up in advance on this website for any workout I wish to attend under the terms of any BAM pass or membership. I will not attend a workout for which I have not signed up in advance.
I will cancel my signup in advance for any workout which I will not attend.
I agree that there will be no refunds for any workout for which I have signed up and not canceled in advance which I do not attend.
One punch on a punch pass will be forfeit if I do not cancel prior to a workout.
A Drop In Pass or Try One Free Pass will be forfeit if I do not cancel prior to a workout.