The enrolled participant ("Participant"), or the adult parent or legal guardian of the Participant on Participant's behalf, ("Responsible Party") recognizes and understand that swimming is a HAZARDOUS activity and that there are risks of injury or illness inherent in the participation of any fitness or athletic program (including, but not limited to, paralyzing injuries, brain injuries and/or death), and I represent to Hang 10 Swim School, LLC (the "School") that I have consulted the above-referenced Participant's personal physician and/or other health authority and the Participant is physically capable of participating in the swimming lessons and accompanying activities ("Swim Lessons"). Participant/Responsible Party voluntarily executes and delivers this Release and Indemnification to the School to induce the School to permit the Participant's participation in the Swim Lessons offered by the School, and I hereby acknowledge that such participation is at Participant's own risk and without any representations of any kind or character having been made by the School and /or their respective owners, officers, directors, agents, employees, parent company and/or subsidiaries.
Participant, or Responsible Party on behalf of the Participant, voluntarily releases, discharges, waives and relinquishes, any and all actions or causes of action for personal injury, personal damages, or wrongful death occurring and arising as a result of engaging or receiving instruction in the Swim Lessons or any activities incidental thereto, wherever or however the same may occur and for the whatever period said activities or instructions may continue.
PARTICIPANT, OR RESPONSIBLE PARTY ON BEHALF OF PARTICIPANT, AND ON BEHALF OF PARTICIPANT'S HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, HEREBY RELEASES, WAIVES, DISCHARGES AND RELINQUISHES ANY ACTION OR CAUSES OF ACTION AFORESAID WHICH MAY HEREAFTER ARISE FOR PARTICIPANT AND PARTICIPANT'S ESTATE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE PARTICIPANT OR ITS HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS PROSECUTE OR PRESENT ANY CLAIM FOR PERSONAL INJURY, PROPERTY DAMAGES OR WRONGFUL DEATH AGAINST THE SCHOOL AND/OR ITS OWNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, PARENT COMPANY AND/OR SUBSIDIARIES FROM ANY AND ALL LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH MY (OR, IF APPLICABLE, THE PARTICIPANT'S) PARTICIPATION IN THE SWIM LESSONS, WHETHER THE SAME SHALL ARISE BY THE NEGLIGENCE OF ANY SAID PERSONS, OR OTHERWISE.
PARTICIPANT, OR RESPONSIBLE PARTY ON BEHALF OF PARTICIPANT, FURTHER INDEMNIFIES AND HOLD HARMLESS THE SCHOOL AND ITS RESPECTIVE OWNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, PARENT COMPANY AND/OR SUBSIDIARIES FROM ANY AND ALL CLAIMS, ACTIONS, DEMANDS, COSTS, LIABILITIES, EXPENSES OR JUDGMENTS WHATSOEVER, INCLUDING ATTORNEYS' FEES AND COSTS (COLLECTIVELY "CLAIMS"), WHICH MIGHT ARISE FROM THE PARTICIPANT'S PARTICIPATION IN THE SWIM LESSONS, REGARDLESS OF WHETHER THE CLAIMS ARISE FROM THE NEGLIGENCE OF ANY SAID PERSONS OR OTHERWISE.