FITWELLHYDRO Swimming Programs
Liability Waiver and Release Agreement
WARNING: BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY.
PART 1: ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
I, the undersigned Participant, desire to participate in the FitWellHydro Swimming Program (the “Program”) which may include, but is not limited to, swimming, aquatic exercise, and the use of pool facilities, equipment, and locker rooms. I hereby acknowledge and understand that swimming and pool activities involve inherent risks, dangers, and hazards which may result in serious personal injury, permanent disability, illness, paralysis, or death to myself or others, as well as damage to property. These inherent risks include, but are not limited to: drowning, slipping, physical injury, or exposure to waterborne illness. I understand that while FitWellHydro staff will take reasonable precautions to ensure safety, not all risks can be eliminated. I have read the above and understand that this is not a complete list of all possible risks. I voluntarily choose to participate in the Program and I expressly agree to assume all inherent risks of participation.
PART 2: RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNIFICATION
In consideration for being permitted to participate in the Program, I, on behalf of myself, my spouse, my heirs, my assigns, my personal representatives, and my estate:
1. RELEASE, WAIVE, AND FOREVER DISCHARGE FitWellHydro, its owners, directors, officers, employees, agents, contractors, volunteers, and insurers (the “Releasees”) from any liability, claims, demands, actions, and causes of action whatsoever, arising out of or related to any loss, damage, expense, or injury (including death) that I may suffer, as a result of my participation in the Program, WHETHER ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASEES OR OTHERWISE, except for gross negligence or willful misconduct.
2. AGREE TO INDEMNIFY AND HOLD HARMLESS the Releasees from any loss, liability, damage, or cost they may incur arising out of or in any way connected with my participation in the Program, including any claims brought by a third party.
3. CONFIRM that I am in good physical health and have no known medical conditions that would prevent my safe participation in strenuous aquatic activity. I agree that I am solely responsible for my own health and safety and will not hold FitWellHydro liable for any illness or injury related to any pre-existing medical condition.
PART 3: RULES, SAFETY, AND REFUND POLICY AGREEMENT
In consideration for being permitted to participate in the Program, I, on behalf of myself, my spouse, my heirs, my assigns, my personal representatives, and my estate:
1. RELEASE, WAIVE, AND FOREVER DISCHARGE FitWellHydro, its owners, directors, officers, employees, agents, contractors, volunteers, and insurers (the “Releasees”) from any liability, claims, demands, actions, and causes of action whatsoever, arising out of or related to any loss, damage, expense, or injury (including death) that I may suffer, as a result of my participation in the Program, WHETHER ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASEES OR OTHERWISE, except for gross negligence or willful misconduct.
2. AGREE TO INDEMNIFY AND HOLD HARMLESS the Releasees from any loss, liability, damage, or cost they may incur arising out of or in any way connected with my participation in the Program, including any claims brought by a third party.
3. CONFIRM that I am in good physical health and have no known medical conditions that would prevent my safe participation in strenuous aquatic activity. I agree that I am solely responsible for my own health and safety and will not hold FitWellHydro liable for any illness or injury related to any pre-existing medical condition.
PART 4: PHOTOGRAPHIC RELEASE
I grant FitWellHydro permission to use photographs, video, or other digital media of my participation in the Program for any legitimate promotional purpose, including social media, brochures, and websites.
PART 5: FINAL PARTICIPANT ACKNOWLEDGMENT
I HEREBY CERTIFY THAT:
- I am at least 18 years of age and of sound mind, or I am the parent/legal guardian with the legal authority to act on behalf of a minor participant.
- I have carefully read and fully understand all provisions of this Agreement.
- I agree to this Agreement freely, voluntarily, and without any inducement. By checking the check box and submitting this form, I acknowledge that my electronic agreement is the legal equivalent of my handwritten signature.