Each Participant will be required to sign a Waiver of Liability before their first lesson.
This Waiver of Liability (“Agreement”) is made and entered into as of the date set forth at the end of this document, by and between the undersigned participant (or the participant’s parent/legal guardian if the participant is under 18 years of age) (“Participant”) and the instructor providing private swim lessons (“Instructor”).
The Participant understands and acknowledges that engaging in swim lessons, whether in a public or private pool or other aquatic facility, involves inherent risks, hazards, and dangers. These risks include, but are not limited to:
· Slipping, tripping, or falling on wet surfaces
· Injuries from diving, jumping, or entering the water
· Potential for drowning or near-drowning
· Collisions with pool walls, floors, or other participants
· Exposure to waterborne illnesses or contaminants
· Physical exhaustion, muscle cramps, or other medical emergencies
· Risks from use of swimming and safety equipment
· Other unforeseeable hazards associated with swimming activities
The Participant affirms that they (or their minor child/ward) are in proper physical condition to participate in swim lessons and have consulted a medical professional if required.
By signing this Agreement, the Participant voluntarily and expressly assumes all risks of injury, illness, death, or property damage arising from or related to participation in private swim lessons, whether occurring before, during, or after instruction, and whether caused by the negligence of the Instructor or otherwise.
In consideration for being permitted to participate in private swim lessons provided by the Instructor, the Participant, on behalf of themselves, their heirs, executors, administrators, assigns, and personal representatives, hereby releases, waives, and discharges the Instructor, their agents, employees, successors, and assigns from any and all claims, demands, actions, or causes of action for personal injury, illness, death, or property damage arising out of or in connection with participation in swim lessons, even if arising from the negligence of the instructor.
The Participant agrees to indemnify and hold harmless the Instructor, their agents, employees, successors, and assigns from any and all claims, damages, losses, or expenses (including reasonable attorney fees and costs) which may be incurred as a result of any action, claim, or proceeding brought by or on behalf of the Participant or any other individual arising from participation in swim lessons.
In the event of an injury or medical emergency, the Participant authorizes the Instructor to seek emergency medical care and agrees to be responsible for any costs incurred as a result of such care. The Participant further authorizes any licensed physician, emergency personnel, or hospital to provide such medical or surgical care as may be deemed necessary.
If the Participant is a minor (under 18 years of age), the Participant’s parent or legal guardian must sign this Agreement. The parent or guardian affirms that they have legal authority to consent to and authorize participation in private swim lessons. The parent or guardian understands and agrees to all terms herein on behalf of their minor child or ward.
The Participant acknowledges receipt of all relevant pool rules and agrees to comply with all safety instructions provided by the Instructor. The Participant accepts responsibility for their own conduct and for the conduct of any minor child or ward under their care.
If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, the remaining terms and provisions shall remain in full force and effect.
This Agreement shall be governed by and construed in accordance with the laws of the Santa Cruz County California. Any legal action arising from this Agreement shall be brought in the courts of said jurisdiction.
This Agreement constitutes the entire understanding between the parties with respect to the subject matter herein and supersedes all prior or contemporaneous agreements or understandings, whether written or oral.
The Participant acknowledges that they have read and understood all terms of this Agreement, had the opportunity to ask questions, and are signing of their own free will. The Participant understands that by signing this Agreement, they are waiving certain legal rights, including the right to sue.