For valuable consideration received, Participant irrevocably grants to the School the right to use, distribute, transmit, copyright or publish, either whole or in part, either in print, digitally, electronically or in any medium now known or later discovered, the testimonials, photographs, and digital images collected or submitted for any person identified as Participant. Participant understands and agrees that these testimonials, photographs, and digital images may be used without identifying their subject. Participant releases and discharges the School and its agents, representatives, and assignees from any claim or cause of action, now known or later discovered, for among other things, invasion of privacy, right of publicity and defamation arising out of the use and exploitation of the testimonials, photographs and digital images.
PARTICIPANT AND HIS OR HER SUCCESSORS, REPRESENTATIVES AND GUARDIANS HEREBY AGREE TO WAIVE ANY CLAIMS, DEMANDS, ACTIONS OF CAUSES OF ACTION AGAINST THE SCHOOL AND PARTICIPANT AGREES TO INDEMNIFY AND HOLD HARMLESS THE SCHOOL, ITS OWNERS, OFFICERS, DIRECTORS AND EMPLOYEES AGAINST ANY COSTS, EXPENSES, CLAIMS, DEMANDS, ACTIONS AND LIABILITIES RESULTING FROM ANY INJURY THAT MAY OCCUR TO THE PARTICIPANT WHILE PARTICIPATING IN THE SESSION OR OTHERWISE; EXCEPT THAT THE FOREGOING PROVISIONS IN THIS PARAGRAPH SHALL NOT APPLY TO THE EXTENT OF ANY GROSS NEGLIGENCE, RECKLESSNESS OR WILLFUL MISCONDUCT BY THE SCHOOL WHICH DIRECTLY AND PROXIMATELY CAUSED SERIOUS AND PERMANENT PHYSICAL INJURY TO PARTICIPANT. THE PARTICIPANT AUTHORIZES CARDIOPULMONARY RESUSCITATION (CPR) TREATMENT OR ANY RESCUE TREATMENT DEEMED NECESSARY, IN THE DISCRETION OF THE SCHOOL, DURING ANY MEDICAL EMERGENCY DURING PARTICIPATION IN A SWIM LESSON; EXCEPT THAT NOTHING HEREIN REQUIRES THE SCHOOL TO PROVIDE ANY MEDICAL CARE OR ASSISTANCE, INCLUDING, WITHOUT LIMITATION, CPR, TO PARTICIPANT. ADVANCE ANY MEDICAL COSTS FOR, OR ON BEHALF OF, PARTICIPANT. FURTHER, PARTICIPANT AGREES TO PAY DIRECTLY OR TO REIMBURSE THE SCHOOL FOR ANY AND ALL COSTS ASSOCIATED WITH MEDICAL CARE AND TRANSPORTATION FOR THE PARTICIPANT WHETHER OR NOT ADVANCED BY THE SCHOOL; EXCEPT THAT NOTHING HEREIN REQUIRES THE SCHOOL TO PROVIDE OR ADVANCE ANY MEDICAL COSTS OR EXPENSES FOR, OR ON BEHALF OF, PARTICIPANT. IT IS PARTICIPANTS RESPONSIBILITY TO NOTIFY THE SCHOOL INSTRUCTOR OF ANY MEDICAL AND/OR HEALTH PROBLEMS OF PARTICIPANT.