Participant, or Responsible Party on behalf of Participant, voluntarily releases, discharges, waives and relinquishes, any and all actions or causes of action for personal injury, property damages, or wrongful death occurring and arising as a result of engaging or receiving instruction in the Lessons or any activities incidental thereto, wherever or however the same may occur and for whatever period said activities or instructions may continue.
PARTICIPANT, OR RESPONSIBLE PARTY ON BEHALF OF PARTICIPANT, AND ON BEHALF OF PARTICIPANT'S HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, HEREBY RELEASES, WAIVES, DISCHARGES, RELINQUISHES, INDEMNIFIES, AND HOLDS HARMLESS THE INDEMNIFIED PARTIES FROM ANY ACTION, CAUSES OF ACTION, CLAIMS, DEMANDS, COSTS, LIABILITIES, EXPENSES, OR JUDGMENTS WHATSOVER, INCLUDING ATTORNEY'S FEES AND COSTS WHICH MAY HEREAFTER ARISE FOR PARTICIPANT AND PARTICIPANT'S ESTATE FROM THE PARTICIPANT'S PARTICIPATION IN THE LESSONS/PROGRAMMING, AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE PARTICIPANT OR ITS HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS PROSECUTE OR PRESENT ANY CLAIM FOR PERSONAL INJURY, PROPERTY DAMAGES OR WRONGFUL DEATH AGAINST WATERLOO SWIMMING L.P. AND ITS OFFICERS, OWNERS, DIRECTORS, AGENTS, EMPLOYEES, PARENT COMPANY AND SUBSIDIARIES AND SIENA MASTER COMMUNITY INC AND ITS AGENTS (Indemnified Parties) FROM ANY AND ALL LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH MY (OR, IF APPLICABLE, THE PARTICIPANT'S) PARTICIPATION IN THE LESSONS/PROGRAMMING, WHETHER THE SAME SHALL ARISE BY THE NEGLIGENCE OF ANY SAID PERSONS, OR OTHERWISE.
Enrolled participant (Participant) or the adult parent or legal guardian of the Participant, on Participant's behalf, (Responsible Party) recognizes and understands that swimming is a HAZARDOUS activity and that there are risks of injury or illness inherent in participation in any fitness or athletic program (including, but not limited to, paralyzing injuries, brain
injuries and death), and I represent to Waterloo Swimming (WS) that I have consulted the above-referenced Participant's personal physician or other health authority and the Participant is physically capable of participating in the Lessons and Programming. Participant and Responsible Party on behalf of Participant, voluntarily executes and delivers this Release and Indemnification to WS to induce WS to permit Participant's participation in the swimming lessons and programming offered by WS (Lessons/Programming), and I hereby acknowledge that such participation is at Participant's own risk and without any representations of any kind or character having been made WS and/or their respective officers, directors, agents, employees, parent company and subsidiaries and Siena Master Community Inc and its agents.