USA Swimming Meet Sanctioning (January 1, 2022 – August 31, 2022)

FROM: Chris Brearton, USA Swimming Board Chair

SUBJECT: USA Swimming Meet Sanctioning (January 1, 2022 – August 31, 2022)

DATE: December 13, 2021

Pursuant to Article 4.7 of the USA Swimming Corporate Bylaws, and in the interest of member safety due to the ongoing COVID-19 pandemic, the USA Swimming Board of Directors has taken the following actions related to meet sanctioning, with the advice and consent of the Operational Risk Committee, Rules & Regulation Committee, and legal counsel:

Amendment of Articles 202.4 and 202.6 of the USA Swimming Rules to require certain COVID-related precautions in order to issue meet sanctions and approvals, assumption of risk, and release of liability, which will remain in place through August 31, 2022.

As always, USA Swimming, Local Swimming Committees (LSC) and club activities must follow state and local guidelines.

To: Zone Directors, LSC General Chairs, LSC Permanent Staff, Club Presidents, Head Coaches, Club Contacts

With the upcoming amendments to articles 202.4 and 202.6 of the USA Swimming Rules set to expire, the USA Swimming Board of Directors has reconvened and voted to extend the previous extension of April 2020 to August 31, 2022.

The Board of Directors had previously voted to amend the articles to require certain COVID-related precautions in order to issue meet sanctions and approvals, assumption of risk, and release of liability.

As always, USA Swimming, Local Swimming Committees (LSC) and club activities must also follow state and local health guidelines.

The amended rules regarding requirements for sanction and approval are listed below and posted here on the website.

202.4.10 Application for sanction shall be accompanied by a copy of the complete meet announcement which shall include the following:

[A – M No change]

N The following statement

An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and individuals with underlying medical conditions are especially vulnerable.

USA Swimming, Inc., cannot prevent you (or your child(ren)) from becoming exposed to, contracting, or spreading COVID-19 while participating in USA Swimming sanctioned events. It is not possible to prevent against the presence of the disease. Therefore, if you choose to participate in a USA Swimming sanctioned event, you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.

BY ATTENDING OR PARTICIPATING IN THIS COMPETITION, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH EXPOSURE TO COVID-19 AND FOREVER RELEASE AND HOLD HARMLESS USA SWIMMING AND [THE LSC] AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR OTHER REPRESENTATIVES FROM ANY LIABILITY OR CLAIMS INCLUDING FOR PERSONAL INJURIES, DEATH, DISEASE OR PROPERTY LOSSES, OR ANY OTHER LOSS, INCLUDING BUT NOT LIMITED TO CLAIMS OF NEGLIGENCE AND GIVE UP ANY CLAIMS YOU MAY HAVE TO SEEK DAMAGES, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, IN CONNECTION THEREWITH.

This statement shall also be included in heat sheets.

202.4.16 To address circumstances related to COVID-19, a supplemental document to the meet sanction request shall include:

1. Safe Sport considerations to ensure parents have access to and/or the opportunity to observe their child and
2. An attestation statement in which the meet host attests that the conduct of the meet will adhere to local jurisdictional guidelines.

202.6.6

[A-G No change]

H The following statement:

An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and individuals with underlying medical conditions are especially vulnerable.

USA Swimming, Inc., cannot prevent you (or your child(ren)) from becoming exposed to, contracting, or spreading COVID-19 while participating in USA Swimming sanctioned events. It is not possible to prevent against the presence of the disease. Therefore, if you choose to participate in a USA Swimming sanctioned event, you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.

BY ATTENDING OR PARTICIPATING IN THIS COMPETITION, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH EXPOSURE TO COVID-19 AND FOREVER RELEASE AND HOLD HARMLESS USA SWIMMING AND [THE LSC] AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR OTHER REPRESENTATIVES FROM ANY LIABILITY OR CLAIMS INCLUDING FOR PERSONAL INJURIES, DEATH, DISEASE OR PROPERTY LOSSES, OR ANY OTHER LOSS, INCLUDING BUT NOT LIMITED TO CLAIMS OF NEGLIGENCE AND GIVE UP ANY CLAIMS YOU MAY HAVE TO SEEK DAMAGES, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, IN CONNECTION THEREWITH.

This statement shall also be included in heat sheets.

202.6.19 To address circumstances related to COVID-19, a supplemental document to the meet approval request shall include:

1. Safe Sport considerations to ensure parents have access to and/or the opportunity to observe their child and
2. An attestation statement in which the meet host attests that the conduct of the meet will adhere to local jurisdictional guidelines.