INNERTIDES Waiver of Liability and Release

By signing this agreement, I acknowledge and I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to me (including, but not limited to, personal injury, disability, all other risks and results due to my health including undiagnosed conditions and health conditions that may or may not be the result of participation in this event, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I, may experience or incur in connection with my attendance at any of the Activities (“Claims”).

On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless InnerTides, its venues, all their related entities and their employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the InnerTides, WaveOneOpen Water Swimming, Inc. and all their related entities, and their employees, agents, and representatives. In addition, I agree to indemnify and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgements, losses and/or liabilities (including attorneys’ fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Release Parties due to bodily injury, death, loss of use, monetary loss or any other injury from or related to the Activities whether caused by the negligence of the Released Parties or otherwise.

I, the undersigned participant, intending to be legally bound, hereby certify that I am physically fit and have not been otherwise informed by a physician. I acknowledge and represent that I am solely responsible for my well-being before, during, or after participation in any Activities, including my ability to swim and navigate in open water.

I give permission for receiving updates, news and other information from the Parties associated with this event unless otherwise indicated. I will not promote third party sponsors, causes, or charities unless pre-approved by the Event Director. I will not employ a coach or coach any other participant during any Activity unless authorized in writing by InnerTides. I shall follow any instruction of InnerTides personnel and shall not impede or otherwise interfere with any other swimmer physically or verbally. I understand that there will be no refunds given for any reason including event cancellation or cancellation due to weather. I understand the risks associated with open water swimming and that conditions change quickly without notice, and any Activity may be delayed or modified for any reason or unforeseen circumstance, including weather.

AUTHORIZATION AND EVENT PROMOTION:
I, the enrolled participant, agree to be filmed, photographed, taped, quoted or otherwise mentioned (without compensation) by WaveOne or by anyone authorized by the WaveOne. This includes but is not limited to the official and authorized photographers, writers, hosts, or sponsors of this event under the conditions authorized by the InnerTides. I give the InnerTides, and anyone authorized by the InnerTides, the right to use (without compensation) my name, picture, likeness, quotes, and biographical information, whether audio or visual, before, during and after the period of my individual or team participation in this event.

By signing below, I acknowledge and represent that I have read the foregoing waiver of liability, understand it and sign it voluntarily as my own free act, including the release of liability and indemnification requirements contained in this document. I agree that this agreement shall be enforced as fully as possible and that any unenforceable provisions shall be deemed modified to the limited extent to permit enforcement.

Signed and Acknowledged

TERMS OF USE:

Below you will find the Terms of Use that apply to our website, products and services; both those purchased and those provided free of charge. If you want to use any of our products or services, including our websites or other online spaces, you agree to, conform to and are legally bound by the terms and conditions described below, as well as by the more detailed Terms & Conditions. These Terms of Use were last updated on January 10, 2024.

If you disagree with any of these terms and conditions, please do not use our website, social media outlets, or any of our products and services.

(We hope this is all common sense and not surprising in any way, and) If you find fault with any of our terms and conditions, or deem any part unclear in any way, please contact us [email protected] or [email protected]

1. Think before you act
Always apply the techniques taught, in a safe environment and unforced. As with all physical activities, application of the Wim Hof Method (WHM) and any related practices entails some degree of physical and mental risk. Be cognizant of your own capabilities and limits, both physical and mental, and act accordingly. If you have any concerns or questions regarding particular exercises, always feel free to reach out to us or the WHM community.

Adhere to the following precept at all times: NEVER CONDUCT WHM-RELATED ACTIVITIES IN PLACES WHERE LOSING CONSCIOUSNESS IS EXTREMELY DANGEROUS (e.g. in water, whilst driving, etc.).

Observe and obey posted rules and warnings, and follow any instructions or directions given by the instructor(s). If you observe any unusual significant hazard during your presence or participation, remove yourself from participation and bring such to the attention of the nearest instructor immediately.

2. Take responsibility for your own actions
When you act on knowledge or insight, perceived or otherwise, pertaining to the Wim Hof Method, and related matters discussed on our online spaces (e.g. websites, social media, YouTube), podcasts, books, manuals, or other content outlets, or those of related third parties, you do so voluntarily, and assume full responsibility. Accordingly, you agree to not hold InnerTides or its representatives, agents, suppliers, etc. responsible for any injuries or damages (you may incur) as a result.

If you participate in the activity, you acknowledge that you are physically fit and are in no way incapacitated.

3. Take it easy - it is not a competition
The Wim Hof Method and associated exercises and techniques are not meant/intended to be performed in a competitive context. Go at your own pace and do not let your ego get in the way. Challenge yourself and show commitment, but don’t exceed personal limits in order to prove something to yourself or others. For most people, practicing the Method in a calm and consistent manner yields amazing results.

4. We are not doctors, medics or a medical institution
Nothing about the WHM method should be taken as medical advice. We may offer suggestions regarding physical and mental health —in the form of suggested exercises, nutrition, daily patterns, etc.— but such information is merely intended for educational and informational purposes, and we do not profess legitimate medical expertise. Furthermore, no recommendations or suggestions (whether specific or generic) should be regarded as medical diagnosis or treatment. For qualified advice regarding medical questions, please consult medical professionals.

Your privacy means a lot to us
For the entire privacy policy click here. The short version can be found below:

InnerTides is committed to ensure that your privacy is protected, and personal information is used to our mutual benefit only. We do require some personal information so that we can tailor our product to your profile. In order to optimize our services, we may use your information in the following way:

- We may use the information to improve our products and services. We may periodically send promotional emails about new activities, products, special offers or other information which we think you may find interesting, using the email address which you have provided. You will of course retain the option to not receive this promotional material.

- We may use the information to customize the website according to your interests.

- We may contact you with specific information or requests, either by email, phone, or post.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required to do so by law. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you agree to this when prompted.

If you believe that any of your personal information we have is incorrect or incomplete, or if you wish to access or delete the personal information we hold about you, please e-mail us and we will assist you at once.

SWIMMING TERMS OF USE
I specifically acknowledge that I am aware of all the risks inherent in open water swimming and I agree to assume those risks. THESE RISKS MAY BE THE RESULT OF WATER QUALITY, WATER INHABITANTS, WEATHER, OR OTHER NATURAL OCCURRENCES AND MAY RESULT IN INJURY, PERMANENT DISABILITY AND POSSIBLE DEATH. I ASSUME ALL RISKS AND RESULTS DUE TO MY HEALTH INCLUDING UNDIAGNOSED CONDITIONS AND HEALTH CONDITIONS THAT MAY OR MAY NOT BE THE RESULT OF PARTICIPATION IN THIS EVENT”

I further acknowledge and agree that my safety is solely my responsibility and participation in any session or event is at my option. I assume all responsibility to remove myself from participation from any event or session that I feel I cannot safely undertake or complete. I acknowledge if I continue participating beyond my abilities in any event, I put myself and other participants at risk.

MY SIGNATURE ACKNOWLEDGES MY UNDERSTANDING AND AGREEMENT WITH ALL THE TERMS IN THE ABOVE TERMS SECTIONS AND DESCRIPTIONS OF THIS RETREAT IN THIS REGISTRATION SITE AND THE INNERTIDES WEBSITE.