MN ICE Participation Agreement and Liability Waiver
Last updated November 4, 2025
Participation in any Minnesota Ice Swim Club (“MN ICE”) activity is conditional upon your acceptance of the following Participation Agreement and Liability Waiver, promulgated by the Board of Directors pursuant to its authority under MN ICE Bylaws. Please read the below terms carefully.
1. Definitions
In this Agreement, unless the context indicates otherwise (and without respect to capitalization):
An “Activity” means any MN ICE-sanctioned or approved activity, including but not limited to all Practices, learn-to-swim programs, camps, clinics, social events, happy hours, dinners, and competitions that MN ICE either sanctions, approves, or participates in. The “Activities” are every MN ICE Activity taken together.
The “Agreement” is this Participation Agreement and Liability Waiver;
The “athletic environment” has the meaning assigned to it by the presently operative version of the MN ICE Anti-Harassment and Anti-Discrimination policy.
The “Board” is the Board of Directors of MN ICE;
A “business day” is a weekday that is not a Federal public holiday;
A “day” is a calendar day, inclusive of weekends and public holidays;
“Pass” means any purchase of a one-off pricing option in OpenSports used for a regular MN ICE practice, including a pay-per-practice pass (drop-in) or other such drop-in bundles made available.
“Practice” is a regularly scheduled swimming, low pressure zone, adult learn-to-swim, workout advertised as a practice on our website;
“Subscription” means any purchase of a contract on OpenSports that permits attendance at regularly occurring practices on a weekly or monthly basis.
“Special Event Admission” means any purchase of a pass permitting participation in a MN ICE activity for which payment is required other than a regular recurring practice, including but not limited to registration for Swim Camp, Swim Camp accommodation, or tickets for the MN ICE banquet or fundraiser(s),
“MN ICE” means Minnesota Ice Swim Club;
“You” are the person agreeing to these terms by taking part in any MN ICE Activity.
2. General Terms
(a) Age and Intent to be Legally Bound. Membership in MN ICE is limited to persons aged 19 years and older. By agreeing to this Agreement you represent that you are at least 19 years old and agree to be legally bound by all of the terms and conditions set forth herein.
(b) Code of Conduct and Other Policies. You agree to comply at all times with the MN ICE Code of Conduct, the MN ICE Bylaws and any policies adopted for MN ICE by the Board (together, “the Policies”).
You agree that you will familiarize yourself with the Policies and comply with the Policies at all times while within the athletic environment. The “athletic environment” is a term of art that covers all of MN ICE’s operations, including but extending beyond the Activities.
You understand and agree that your failure to comply with the Policies may result in you being barred from participation of some or all Activities either temporarily or permanently and/or temporary suspension or termination of your membership or the imposition of a period of probation. If you are prevented from participating in any Activities by reason of such a bar on participation or suspension or termination of membership, you agree that you forfeit the value of any membership, subscription, or account credit you may have at the time of your expulsion or suspension.
You agree not to participate or attempt to participate in any Activity if barred from doing so pursuant to the MN ICE Bylaws (available on our website).
(c) Pool Rules. You agree to abide by all pool rules posted at any practice and meet facilities. MN ICE will use reasonable efforts to collect such rules on our website, but makes no guarantee that the information provided is up to date or accurate. You acknowledge that it is your responsibility to review and follow pool rules posted on the websites of the respective pools and posted at the pools themselves.
(d) No Assignment. All memberships, membership payments, Special Event Attendance, subscriptions and passes are for the exclusive use of the person who purchased it and may not be assigned to any other person.
(e) Modification of Agreement. MN ICE may change, suspend, or discontinue any product or service MN ICE provides, or any part of them, at any time without notice. MN ICE may amend any part of this Agreement at its sole discretion by posting the revised Agreement on the MN ICE website. Your continued participation in the Activities after the effective date of the revised Agreement constitutes your acceptance of the revised Agreement.
(f) Alteration of Membership and Activity Fees on Notice. You agree that MN ICE may increase or decrease the fee payable by members either for membership or for any subscription or practice pass prospectively, without interrupting your auto-renewal such that your subscription or membership will automatically renew at the higher rate when it is next due to renew unless you terminate the subscription or membership in accordance with this Agreement. MN ICE shall communicate such fee increases to you via the email you used to register with us not less than 14 days before such increases take effect.
3. Health Risks and Liability Waiver
(a) Physical Fitness. You hereby certify and represent that (i) you are in good health and in proper physical condition to participate in any Activity in which you take part; and (ii) you have not been advised of any medical conditions that would impair your ability to safely participate in such an Activity. You agree that it is your sole responsibility to determine whether you are sufficiently fit and healthy enough to participate in the Activities.
(b) Minimum Fitness Requirements. You agree that unless MN ICE expressly otherwise provides in writing on this website or on the OpenSports system, all Practices and all Activities incorporating aquatics require as a condition of entry that you be able to swim at least 100 yards in an indoor swimming pool in 2 minutes or less without undue physical exertion. MN ICE may provide that a particular Activity requires more or less aquatic fitness than this default minimum fitness requirement. You agree that you will not under any circumstances take part in any Activity where you do not meet the advertised minimum fitness requirement, if one is advertised, or in the absence of such advertisement, this default minimum fitness requirement.
(c) No Diving in the Shallow End. Diving can be extremely dangerous. You acknowledge these dangers and agree not to dive in the shallow end of any pool at any Activity. For the avoidance of doubt, to “dive” is to enter the water using any part of the body other than the feet, and any part of a pool that is less than 9 feet in depth is a “shallow end.”
(d) Acknowledgment and Assumption of Inherent Risks Dangers of Aquatic Activity. You acknowledge the inherent risks associated with the sports of swimming, water polo, artistic swimming, and diving. You understand that your participation involves risks and dangers, which include, without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and death (from drowning or other causes); damage to your lungs or other health risks arising from inadequate or poor ventilation and/or exposure to pool chemicals; loss of or damage to personal property and equipment; concussion and brain injury; exposure to extreme conditions and circumstances; accidents involving other participants, event staff, volunteers or spectators; contact or collision with natural or manmade objects; dangers arising from adverse weather conditions; imperfect water conditions; water and surface hazards; facility issues; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the aquatic activity organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”).
You understand that these Risks may be caused in whole or in part by your own actions or inactions, or the actions or inactions of others participating in the Activities, and you hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses that you incur as a result of your participation in any Activities. You accept sole responsibility for your own conduct and actions while participating in the Activities.
(e) COVID-19 and Other Diseases. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19, or other viral or bacterial infection, while participating in any aquatic activity or social activity, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You agree that if you have a fever, cough, feel short of breath, have any other symptoms, have knowingly been exposed to a communicable disease such as COVID-19 or have traveled to or from a highly impacted area, you will not attend an Activity for at least two weeks after exposure or symptoms have subsided or you have returned from a highly impacted area. In addition, if you discover you have been exposed to a suspected or positive case of COVID-19 or have tested positive for COVID-19 while in attendance at an Activity, you will notify a MN ICE athlete safety officer, coach, or director (whoever is present) immediately.
(f) Waiver and Indemnity. You hereby waive, to the maximum extent permitted by law, any and all rights to claims for loss or damage arising out of your participation in the MN ICE programs or any activities incident thereto against MN ICE, their facilities, and other partners, their officers, directors and employees and any other organization or individual hosting, sponsoring, organizing or supervising Activities (“the released parties”), including those arising from the released parties’ negligence or other fault of the released parties, as a condition of your participation in the MN ICE programs. You further agree to indemnify and hold harmless the released parties from any liability, claims, demands, causes of action, damages, loss, or expense (including court costs and attorneys’ fees) of any kind or nature which may arise out of your participation in the Activities. Notwithstanding anything contained in this paragraph or elsewhere in this Agreement, this Agreement does not waive or limit any claims that cannot be waived under Minnesota law, including claims arising from gross negligence, intentional acts, or willful misconduct, and shall not be interpreted to imply otherwise.
(g) Bars to Participation for Health and Safety Reasons. You agree that MN ICE may, at its absolute discretion, forbid you from partaking in any Activities if it is MN ICE’s judgment that doing so would put your health or the health of others at unreasonable risk. You further agree that MN ICE may, also at its absolute discretion, condition lifting of this bar on participation on your agreement to undergo evaluation by a competent professional at your own expense to satisfy MN ICE that your participation will not create an unreasonable risk to your health or the health of others. You agree that MN ICE’s removal of you from the Activity, or failure to exercise the option to remove you for health reasons, does not represent an assumption by MN ICE of any responsibility whatsoever for your health or safety except as expressly required by law. If MN ICE exercises the rights provided to it by this paragraph, MN ICE agrees to refund you all practice passes and the value of your subscription pro rata.
MN ICE Code of Conduct
Last updated November 4, 2025
Minnesota Ice Swim Club (MN ICE) is committed to providing a safe and inclusive environment where all individuals are treated with respect. As a condition of membership or participation in any MN ICE activity, all MN ICE members and activity participants must adhere to the code of conduct set out below.
A. MN ICE members must comply with:
The MN ICE anti-harassment and anti-discrimination policy, including its associated mandatory reporting obligations.
The MN ICE bylaws.
The provisions of the U.S. Center for SafeSport Code for the U.S. Olympic and Paralympic Movement, irrespective of which sporting disciplines MN ICE members engage in.
Other member policies MN ICE may adopt from time to time, as well as the terms of any contracts into which MN ICE enters that serve to bind MN ICE members (such as, for example, conditions on pool usage or insurance coverage). All such policies or terms are collected in our Policy Manual.
All safety instructions given by the coach on deck and the facility in which the practice is held. During physically interactive events such as water polo events, open water swims, or any situation where the risk of injury is enhanced, all participants must avoid excessive physical contact and act in a manner that eases tensions and de-escalates conflict. Any intentional actions that could result in pain or injury to another person are forbidden at all times.
B. MN ICE members must make a reasonable effort to:
Create an inclusive environment by welcoming new members, introducing ourselves to teammates, and listening to one another.
Speak kindly to one another and stay positive, even through difficult workouts and conflicts with teammates and the coaching staff.
Treat all staff members at the facilities MN ICE rents with courtesy and respect.
Take due care of their health and wellbeing when participating in MN ICE activities. Aquatic sports have a variety of risks that all MN ICE members voluntarily assume by participating in MN ICE activities; members themselves are by far the best placed to minimize these risks by behaving responsibly and thoughtfully.
Encourage and support each other with sportsmanlike conduct at all practices and competitions. Applaud and cheer for teammates and refrain from losing composure in the face of disappointment. Appeal to the coaches when there are disagreements with the decisions of an official.
Maintain proper practice and lane etiquette as outlined on our website. Coaches will arbitrate lane etiquette and will arrange swimmers by lane to keep practices flowing smoothly.
Practice safe and responsible consumption of alcoholic beverages, cannabis, and other legally permitted substances in social situations associated with MNICE events.
Respect the confidentiality of personal or privileged information. Such information should only be shared with consent and according to law.
Respect the property of other participants, MN ICE, and the pools we use.
Provide reasonable support and assistance to MN ICE by volunteering and attending General Meetings, consistent with members’ time, resources, and extent of participation in MN ICE activities. MN ICE is run almost exclusively by volunteers; the benefits we all gain from MN ICE cannot exist without members dedicating their time to assist their fellow members.
C. Breaches of this Code of Conduct
Any participant or member is encouraged to report breaches of this Code of Conduct by making a report to the MN ICE Board. All reports are confidential and will be investigated and, if appropriate, referred to the proper authorities.
Pursuant to the MN ICE Bylaws, the Board of Directors has the authority to bar any person from participation in MN ICE activities either for a specific period or indefinitely, if (among other reasons) that person has breached this Code of Conduct in a manner that did or would likely have harmed MN ICE or another person. Indefinite or long-term exclusion from MN ICE activities will be imposed only after following the guidelines for due process set forth in the MN ICE bylaws.
If you have any questions or concerns about health and safety at MN ICE, or wish to report misconduct, please write to minnesotaiceswim@gmail.com