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 ANNETTE'S SWIM SCHOOL, ITS AGENTS, EMPLOYEES AND/OR OWNERS USE 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 ANNETTE'S SWIM SCHOOL, ITS AGENTS, EMPLOYEES AND/OR OWNERS 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 ANNETTE'S SWIM SCHOOL, ITS AGENTS, EMPLOYEES AND/OR OWNERS HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
In due consideration for my child's participation in swimming lessons with Annette's Swim School, I hereby agree as follows:
1. I WAIVE AND RELEASE ANY AND ALL CLAIMS for personal injury and/or wrongful death based upon allegations of negligence, either active or passive, or reckless disregard, that I may have in the future against Annette's Swim School and/or any of its agents, employees and/or owners ("releasees").
2. I release the releasees, their officers, directors, employees, representatives, agents and volunteers from all liability and responsibility, whatsoever, for any claims or causes of action that I, my Estate, my children, heirs, executors or assigns may have for personal injury, property damage or wrongful death arising from swim instruction. By executing this document, I agree to hold the releasees harmless for any injury or loss of life, which may occur during swimming activities and/or instruction, including travel to/from the activity.
3. By entering into this agreement, I am not relying on any oral or written representation made by the releasees other than what is set forth in this agreement. I further agree that this agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. Any claims filed shall be litigated and adjudicated in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida.
4. If any provision of the release is found to be unenforceable or invalid, that provision shall be severed from this contract. The remainder of this contract will then be construed as though the unenforceable provision had never been contained in this document.
I hereby declare that I am of legal age and am competent to sign this agreement on my behalf or on behalf of my minor child/ren, and I maintain a complete understanding and concurrence with this Agreement.
For good and valuable consideration, I authorize Annette's Swim School, LLC and its agents to record photographs or other portraits or likenesses of me and or my minor child/children on videotape, audiotape, film, photograph or any other medium and use, reproduce, modify, distribute, and publicly exhibit such recordings, in whole or in part, without restrictions or limitation for any purpose that Annette's Swim School, LLC deems appropriate. I further consent to the use of my name, voice and biographical material in connection with such recordings. I release Annette's Swim School, LLC , its successors and assigns, agents, and all persons for whom it is acting from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the recording process, or any unintentional misspellings or inaccuracies and waive any right that I may have to inspect or approve the finished recordings. I also understand that I may opt out of this photo/video release by responding "No" to the video release question in the Student Information section of this form.