PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Florida Swim Company LLC, their agents, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “FSW”), I hereby agree to release, indemnify, and discharge FSW, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- I acknowledge that my participation in a swim instruction activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: drowning; slipping and falling; exposure to the elements could cause cold water shock, sunburn, dehydration, heat exhaustion, heat stroke, and heat cramps; ability to swim and/or follow directions; strains, sprains, broken bones and musculoskeletal injuries including head, neck, and back injuries; cuts, abrasions, and bruises; cardiac related illness; the negligence of other participants, or other persons who may be present; my own physical condition, and the physical exertion associated with this activity.
Furthermore, FSW personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
- I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely
voluntary, and I elect to participate in spite of the risks.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless FSW 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 FSW ‘s equipment or facilities, including any such claims which allege negligent acts or omissions of FSW.
- Should FSW 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.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
- In the event that I file a lawsuit against FSW, I agree to do so solely in the state of Florida, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against FSW on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at FSW. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Florida Swim Company LLC PERPETUAL WAIVER AND RELEASE (VALID FOR EACH AND EVERY DATE OF PARTICIPATION)
In consideration of the Activity Provider allowing the minor(s) listed below (“Minor(s)”) being permitted by the Activity Provider to participate in its activities and to use its equipment and facilities as provided above, the undersigned, individually and on behalf of the Releasors, certifies that he/she is the natural guardian(s) of the Minor(s) and further agrees that the foregoing shall apply in full to the Minor’s participation in the activities and that the undersigned has read in its entirety, and fully understands, the following:
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF Florida Swim Company LLC USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM Florida Swim Company LLC. IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND Florida Swim Company LLC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
- I recognize and agree that: all risks can never be eliminated and participating in the activities at Florida Swim Company LLC, involves inherent danger and potential risk of both minor and serious, temporary and permanent, bodily injury of any and all kinds, both caused by me and/or by others. In signing this release, I assume all risk for, and financial cost of, any and all injuries, and/or any damage, to my child/children.
- On behalf of my minor child/children I fully, and forever waive, release and discharge Florida Swim Company LLC and its individual members, managers, directors, officers, agents, employees, volunteers, representatives, affiliated entities, and all other persons, firms, corporations, associations or partnerships claiming by or through them, from any and all claims, actions, causes of action, demands, judgments, damages (including compensatory, general, special, consequential, and exemplary), liability or obligations of any nature or kind, whether known at the time or which may arise or become known later, which accrue on account of, or in any way arise out of or in connection with me or my child’s activities with or at Florida Swim Company LLC, including claims involving their own negligence.
- I agree to indemnify and hold harmless Florida Swim Company LLC and its individual managers, directors, officers, agents, employees, volunteers, representatives, affiliated entities, and all other persons, corporations, or partnerships claiming by or through them, from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or judgments directly or indirectly arising out of, or relating to, my child’s/children’s participation in any activities at Florida Swim Company LLC, including for claims alleging Florida Swim Company LLC’s own negligence.
- I understand that this agreement extends forever into the future and will have full force and legal effect each and every time my child/children visit Florida Swim Company LLC whether at the current location or any other location or facility.
I have read the Florida Swim Company LLC Waiver and Release from any Claim of Responsibility or Damage and agree to all conditions.