In exchange for permitting me to enroll in a swimming instructional course (the "Course") conducted by Ocean First Divers, LLC, a Colorado limited liability company, doing business as Ocean First Swim School (the "School"), and permitting me to participate in the Course's swimming, snorkeling, and other activities at the School's facility located at 3015 Bluff Street, Boulder, CO 80301, I hereby acknowledge and agree to the following:
I understand that I may be exposed to a variety of hazards and risks, foreseen and unforeseen, which are inherent in the Course activities, including but not limited to personal injury, death, property damage or loss resulting therefrom. I understand that such injury, damage or loss can occur by natural causes, by my activities, or by the activities of others, either as a result of negligence or other reasons.
I ASSUME ALL RISKS AND DANGERS associated with the Course, including but not limited to the specific activities and risks identified above, and the possibility of personal injury, death, property damage or loss resulting therefrom. This assumption of risk extends to all claims of every kind and nature whatsoever, foreseen and not foreseen, known and unknown.
I AGREE TO HOLD HARMLESS the School, its owners, members, managers, employees, agents, contractors, subcontractors, servants and volunteers, the landlord of the School's facilities (if other than the School), and anyone else directly or indirectly connected with the Course (collectively the "Released Parties") from any claims, damages, injuries, death, property damage or losses relating in any way to my Course activities, even when caused by my own negligence or the negligence of others.
To the fullest extent of the law, I HEREBY RELEASE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY relating in any way to the Course activities, including but not limited to claims relating to injury, death, property damage, losses or any other adverse effect I might sustain in connection with the Course activities, even if caused by the negligence of others including the Released Parties.
I AGREE TO INDEMNIFY AND REIMBURSE the Released Parties for any and all expenses that they incur, including attorney's fees and costs, as the result of efforts to enforce this instrument, including any claim brought against any of the Released Parties by anyone relating in any way to my Course activities.
I certify that I am physically fit to engage in the Course, including the associated swimming activities, and I certify that will not participate in any such activities unless I am then medically able to do so. I further acknowledge that it is my responsibility to provide for my own accident and health insurance coverage while participating in the Course.
Except as contained herein, I am not relying on any oral or written representations or statements made by any of the Released Parties to induce me to participate in the Course or to execute this instrument. I agree that the terms of this instrument may only be amended by a written agreement between the School and myself and that this instrument shall not be affected or altered by any subsequent oral or written representations made by any of the Released Parties.
If a court finds any provision of this instrument to be invalid, the remainder of this instrument shall continue in effect and shall be fully enforceable.
This instrument will be binding on me and my heirs, executors, administrators, successors and assigns.
Any dispute between me and any of the Released Parties shall be governed by Colorado law (without application of any choice of law provisions thereunder).
I have read this document in its entirety and I freely and voluntarily assume all risks of injury and damages and, notwithstanding such risks, I agree to participate in the Course.
I HEREBY EXECUTE THIS INSTRUMENT INTENDING TO BE LEGALLY BOUND.
- I hereby give Ocean First Divers, LLC, a Colorado limited liability company, doing business as Ocean First Swim School (the "School") the unrestricted right and permission to copyright, use, re-use, publish, and re-publish any photographs, images, audio recordings, video recordings, or graphics, of myself and/or my child(ren), in whole or in part, composite or distorted, made through any medium now or hereafter known for illustration, art, promotion, advertising, trade or any other purpose, and any derivative works thereof, (collectively, the "Images"), that may be related to my and/or my child(ren)'s activities. I hereby acknowledge and agree that the Images are proprietary works of the School, and that the School exclusively owns all copyrights, trademarks and other intellectual property rights associated with the Images. Accordingly, I hereby: (a) irrevocably assign and transfer, to the School all of my right, title and interest in and to all copyrights, trademarks and other intellectual property rights associated with the Images, whether now existing or hereafter acquired; (b) agree to take any action reasonably requested by the School in connection with this assignment, including but not limited to the execution and delivery of any reasonable documents; and (c) authorize the use of my and/or my child(dren)'s name(s) in connection therewith.
As the legal parent or guardian, I release and hold harmless Ocean First Divers, LLC, its owners and operators from any and all liability, claims, demands, and causes of action whatsoever, arising out of or related to any loss, damage, or injury, including death, that may be sustained by the participant and/or the undersigned, while in or upon the premises or any premises under the control and supervision of Ocean First Divers, LLC, its owners and operators or in route to or from any of said premises.