PLEASE READ CAREFULLY BEFORE SIGNING
THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS
I, the enrolled participant and/or the parent/guardian of a participant under the age of eighteen (18) [collectively the “Participant”] in the Mermaid Swim School (“MMSS”) aquatics program and agree to the following:
Assumption of Risk
The Participant hereby confirms he/she is physically fit for participation in the programs offered by MMSS and has not been advised otherwise by a qualified medical doctor and has no known health-related reasons or issues that preclude or restrict participation in the said programs. The Participant hereby expressly and specifically assumes the ‘risk’ of participating in the programs offered by MMSS. “Risks” include, but are not limited to, possible inaccessibility to immediate medical attention, actions of other people, acts of God, and exposure inherent in swimming and activities around or in a swimming pool setting.
Indemnification and Hold Harmless
The Participant hereby does indemnify and hold MMSS harmless from any and all liability, injury, claims, and causes of action, which arise or are in any way connected to the Participants involvement in the aquatic programs arising from the Participants acts, or failure to act, or resulting from his/her own negligence.
The Participant also agrees to indemnify and hold MMSS harmless from any and all liability, injury claims, and causes of action which arise from the acts, or failure to act, of MMSS which does not constitute gross negligence; specifically, a conscious act or omission on the part of MMSS in reckless disregard of the legal duty of care for the safety or lives of others.
The Participant also understands MMSS does not assume any responsibility for, or obligation to provide, financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness, and acknowledge the activities in which the Participant will voluntarily engage may have certain known inherent risks which can be considered HAZARDOUS to include, but not limited to, illness, bodily injury, paralyzing injury and death.
The Participant authorizes any representative of MMSS to have the Participant treated in any medical emergency during their participation in the MMSS swim program. Further, the Participant agrees to pay all costs associated with medical care and transportation for the Participant and the Participant has noted on this form, any medical/health problems of which MMSS should be aware.
The Participant acknowledges and agrees to be solely responsible for his/her own equipment and all personal property during his/her participation in the programs offered by MMSS.
The Participant does hereby grant and conveys to MMSS all rights, title, and interest in any and all photographic images, video, or audio recordings made by or on behalf of MMSS, and authorize the use of such images, words, and likenesses in its marketing in any form.
It is required the pool maintain a temperature between 80-94 F degrees. If the pool is less than 79 degrees F or above 95 degrees F, the instructor has the right to cancel the lesson/event and a make-up date or a refund will be provided. The instructor also has the right to cancel the lesson/event if he/she feels the pool conditions are unsanitary, and a make-up date or a refund will be provided. The Participant waives any liability for cancellations under such circumstances.
In the event of severe weather conditions, the Participant shall call the instructor the morning of regarding any cancellation. All cancellations due to weather will be at the discretion of the instructor. Lessons will continue in the event of light rain. If a class has begun and the weather becomes severe, to the extent the class has to be canceled prior to the end of the class based on time, the remaining amount of time for the class will be added to a future class. If the Participant chooses to cancel a lesson due to extreme (high or low) air temperature, and no warning or caution has been issued by the appropriate governmental agency, the Participant will forfeit that class without makeup or refund and will not hold MMSS liable for said refund.
Pool Party Events
The Participant understands when hiring MMSS to participate in any birthday parties or special events, all liability against MMSS and staff members shall be released and MMSS shall be held harmless in the case of accident or injury unless such accident or injury as a result of gross negligence on the part of MMSS or its participating staff.
The Participant agrees if any portion or provision of this Waiver/Release of Liability is declared by any court or other judicial or administrative body to be null, void, or unenforceable, the remaining provisions of this Waiver/Release of Liability shall remain in full force as contemplated hereby in substantially the same manner as originally set forth.
This Agreement shall be governed by the laws of the state of Florida, both as to interpretation and performance.
I HAVE CAREFULLY READ THE ABOVE LIABILITY RELEASE AND SIGNED IT WITH FULL KNOWLEDGE OF ITS CONTENTS AND SIGNIFICANCE.
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Document Name: Waiver Sign
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