RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
In consideration of participating in health fitness club activities, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence Splash! Swim and Wellness and its owners, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as "Releasees"), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:
1. I acknowledge that health or fitness club activities involve known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death and property damage. Risks include, but are not limited to, musculoskeletal injuries, broken bones, and /or overuse injuries, injuries caused by equipment that breaks or otherwise fails; death as a result of drowning or brain damage caused by near drowning; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
2. I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite these risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
4. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume - and bear the costs of - all risks that maybe be created, directly or indirectly, by any such condition.
5. In the event that I file a lawsuit, I agree to do so solely in the state where Releasees' facility is located, and I further agree that the substantive law of that state shall apply.
6. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, I agree that if I am hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return of the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms.
In consideration of the following policies and services held by Splash! Swim and Wellness, Inc. , and its employees, owners, volunteers, participants, and any other persons working on their behalf, I hereby acknowledge that I have read and agree to obey the policies listed below:
a. Each child who is registered into a FULL session of swim lessons is eligible for one make-up class per session. There will only be a limited number of make-up classes held each week and therefore make-ups will be given on a first come, first served basis and are NOT guaranteed to everyone. In the event make-up classes are full, Splash! employees can put you on a wait list. If a make-up becomes available, we will call you the night before the class to confirm your appointment.
b. Any child who is enrolled in a Baby 1 class will have the ability to take a make-up class during any of the other Baby 1 classes held during the week provided they are not already full.
c. Closings due to weather or any "Act of God" do not allow for makeups.
a. Splash! Swim and Wellness holds a "no refund" policy in the event that a participant cancels more than 48 hours after registration. Serious medical circumstances may serve as an exception to this policy and will be handled on a situational basis. In the event a client is given a Splash! credit on their account, it must be used within one year.
b. Annual registration fees are non-refundable as they are good for that entire current year.
3. Open Swim
a. Participants enrolled in Splash! classes are also eligible to attend our open swim with their entire immediate family for the duration of the class session. Every child under the age of 14 years old must be accompanied in the water by an adult. There must be one adult per family in the water (family includes up to 4 children).
b. Only Coast Guard approved flotation devices are allowed in the pool.
4. Swim Diapers
a. All children who are not completely potty trained are required to use REUSABLE swim diapers. Disposable swim diapers are not permitted in the pool at Splash!
5. Slippery Surfaces
a. There are many slippery surfaces in any building where water is present. Please exercise caution at all times on the pool deck, bathrooms, and locker rooms.
6. Splash! Swim and Wellness reserves the right to enforce additional policies not listed in this document to ensure the safety and best interest of the participants and their families. These policies will be determined by the management and ownership of Splash! and enforced by the staff, management, ownership and others acting on the behalf of Splash! Swim and Wellness.
By signing this document, I acknowledge that I have read and agree to obey the policies put into place and held by Splash! Swim and Wellness and its staff. I have been provided a sufficient amount of time to read this document and ask questions that I may have regarding the policies listed above.