CONTINUING WAIVER & RELEASE OF LIABILITY,
ASSUMPTION OF RISK & INDEMNITY, AND EMERGENCY CARE PERMISSION
PLEASE READ CAREFULLY BEFORE SIGNING BECAUSE THIS IS A CONTINUING RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. IT ALSO GRANTS CONTINUING PERMISSION FOR EMERGENCY CARE.
In consideration of permitting me, _______________________________ (participant), to enroll in a swim instructional course and/or participate in swimming, physical activities, and related operations conducted by any staff member(s) of Dive Educators and The Swim School at Dive Educators in the city of Flowery Branch, Hall county, State of Georgia, beginning on the _____ day of _____________________, 2______, I agree for myself, my personal representatives, heirs and next of kin:
I HEREBY ACKNOWLEDGE that SWIMMING LESSONS ARE POTENTIALLY DANGEROUS ACTIVITIES and involves the inherent risk of serious injury (including paralysis), death and/or property damage both in and under the water as well as on the pool deck itself.
I HEREBY RELEASE, WAIVE, DISCHARGE AND AGREE NOT TO SUE DIVE EDUCATORS OR THE SWIM SCHOOL AT DIVE EDUCATORS, their facilities, staff or any of its officers, instructors, agents or employees (the Releasees) FROM ALL LIABILITY to myself, my minor child(ren), my personal representatives, assigns, heirs and next of kin FOR ANY AND ALL LOSS OR DAMAGE AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY TO MY PERSON OR PROPERTY OR RESULTING IN MY DEATH, NOW AND FOREVER, ARISING OUT OF OR RELATED TO PARTICIPATION AND/OR INSTRUCTION IN SAID COURSE, ACTIVITIES OR ANY OTHER RELATED DIVING/SWIMMING OPERATIONS THAT MAY OCCUR, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
I HEREBY ASSUME FULL RESPONSIBILITY for any risk of bodily injury, death or property damage, now and forever, arising out of or related to participation and/or instruction in said course, activities or any other swimming/snorkeling/scuba operations, whether caused by the negligence of Releasees or otherwise.
I HEREBY ACKNOWLEDGE that injuries received may be compounded or increased by negligent rescue operations or procedures of the Releasees and agree that this Waiver and Release of Liability extends to all acts of negligence by said Releasees, including negligent rescue operations and is intended to be as broad and inclusive as permitted by the laws of the State in which the activities are conducted, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I ACKNOWLEDGE that it is my responsibility to provide for my own and/or my child(ren)'s own accident and health coverage while participating in swim activities.
In the event I cannot be reached and/or am incapacitated or otherwise able to give consent, I GIVE PERMISSION FOR EMERGENCY MEDICAL, SURGICAL AND HOSPITAL TREATMENT and procedures to be performed by a licensed physician or hospital, when deemed immediately necessary to safeguard my/my child(ren)'s health. I relieve Releasees of any and all responsibility for action(s) taken by the doctor(s), hospitals, or other medical care providers in the treatment and attendance of me or my child.
I FURTHER AGREE to indemnify and hold harmless the Releasees from liability or claims, demands, damages and costs for or arising out of 1) any damage, injury, disease, sickness or death to participant or their minors, guests; or 2) any damage or loss to personal property caused by or related to the use of these facilities.
I AGREE THAT THIS WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF THE RISK, AND CONSENT FOR EMERGENCY MEDICAL, SURGICAL AND HOSPITAL TREATMENT SHALL BE CONTINUING AND EFFECTIVE for all swimming, snorkeling, scuba, physical activities and related operations conducted by or on behalf of the above named Releasees for a period of time beginning with the execution of this document and terminating at 11:59 p.m., cst, on the later of: (a) December 31 of the calendar year in which this document was signed; or (b) the 365th day after the date on which this document was signed.