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Waiver, Release of Liability, and Assumption of Risk
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SWIMKIDS WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK I, the undersigned enrolled participant and/or the parent/guardian of the participant (“Participant”) desires to participate in swimming lessons, swim classes, certification classes, swim parties and/or other swim related activities (the “Activities”) offered by ESN Swim School, LLC, a Texas limited liability company d/b/a SwimKids Swim School (the “Company”). In consideration for being permitted by the Company to participate in the Activities, the undersigned agrees to all the terms and conditions set forth in this agreement (this “Agreement”). ASSUMPTION OF RISK AND WAIVER OF LIABILITY: I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH, INCLUDING, WITHOUT LIMITATION, THE RISK OF SERIOUS INJURY AND/OR DEATH, INCLUDING WITHOUT LIMITATION, THE RISK OF DROWNING, BRAIN DAMAGE BY ASPHYXIATION, PARALYZATION, AND INFECTION BY COMMUNICABLE DISEASE (INCLUDING, WITHOUT LIMITATION, COVID-19, HEPATITIS A, B AND C, AND INFLUENZA, AMONG OTHERS). PARTICIPANT, PARENT(S)/GUARDIAN(S), FOR THEMSELVES AND FOR THEIR FAMILIES, HEIRS, EXECUTORS, ESTATES, AND ADMINISTRATORS, VOLUNTARILY AGREE TO ASSUME ALL RISKS INHERENT TO THE ACTIVITIES AND EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS AGAINST THE COMPANY, OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELEASEES”), ARISING IN CONNECTION WITH THE ACTIVITIES, INCLUDING, WITHOUT LIMITATION, CLAIMS OF INJURY OR DEATH ARISING OUT OF OR ATTRIBUTABLE TO THE PARTICIPANT(S) PARTICIPATION IN THE ACTIVITIES, WHETHER ARISING OUT OF THE NEGLIGENCE OF THE COMPANY OR ANY RELEASEES OR OTHERWISE TO THE FULLEST EXTENT ALLOWED BY LAW. I/WE COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASE, DISCHARGE, INDEMNIFY, AND HOLD THE COMPANY AND ALL OTHER RELEASEES HARMLESS FROM LIABILITY, LOSSES, AND DAMAGES UNDER SUCH CLAIMS, AND ALL EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) INCURRED IN DEFENDING ANY SUCH CLAIMS. MEDICAL CERTIFICATION & RELEASE: I hereby certify that the Participant is in good physical health and has no medical condition(s) that would prevent full participation in the Activities. In the event of any medical emergencies, I authorize any representatives of the Company to take whatever actions such persons deem necessary to have the Participant treated. Further, the Participant and/or parent/guardian agrees to pay all costs associated with medical care for and transportation of the Participant. I have notified the Company in writing of any medical/health problems of which the Company’s staff should be aware prior to participating in the Activities. I ACKNOWLEDGE AND AGREE (1) THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT, (2) THAT I AM ASSUMING THE RISKS ASSOCIATED WITH PARTICIPANT ENGAGING IN THE ACTIVITIES, (3) THAT I AM VOLUNTARILY GIVING UP LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY, AND (4) TO THE EXECUTION OF THIS AGREEMENT IN AN ELECTRONIC FORMAT AND WILL NOT CLAIM THAT THIS AGREEMENT IS UNENFORCEABLE OR INVALID ON THAT BASIS THAT IT IS BEING ENTERED INTO IN AN ELECTRONIC FORMAT.
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