I also understand during swim and training instruction, photos and video are sometimes taken. They may be used in publicity for Waves, such as newspaper and magazine coverage, or they may be featured in our brochure, website and social media. Not all children are photographed, and of those who are, not all are necessarily featured in print or online. Students' names will never be included with any pictures. I hereby give permission for my child or myself to be photographed and used in any capacity in marketing of Waves Swim & Safety Training. I have read the foregoing and understand its content. I, on behalf of myself and/or minor child hereby grant the Released Parties and their sponsor's, permission to use and own all rights, without compensation, including photographs, video, digital image or other likeness of Participant taken at the Waves. Such material may be used by Waves. LLC for promotional and training purposes. IF YOU DISAGREE WITH THIS POLICY AND WOULD LIKE YOUR FAMILY EXCLUDED FROM PICTURES, PLEASE ADD YOUR WISHES IN THE COMMENTS BELOW!
As the legal guardian of the underage participant, (the "Minor"), and on behalf of the Minor, I hereby give permission for the Minor to participate in the aquatics activities, including participation in lesson, open swim and ordinary swimming facility use, at Waves, LLC (the "Lesson"); I, for myself, my spouse, children, heirs, guardians, next of kin, legal and personal representatives, executors, administrators, successors and assigns and on behalf of the Minor, freely agree to the following terms pursuant to this Participant Waiver, Release of Liability and Assumption of Risk and Indemnity Agreement (the "Agreement"); I warrant that the Minor is in excellent physical health with no physical limitations and/or medical conditions which would interfere with his/her ability to safely participate in the Lesson or endanger himself/herself or others; I acknowledge and agree that the participation in any program, including participation in this Lesson has inherent risks. I have full knowledge of the nature and extent of all risks associated with swimming including but not limited to: accidents involving drowning, head, neck or back injuries, falls, contact with other participants and Waves staff, and the effects of the condition of the pool and facilities. I further acknowledge that the above list is not inclusive of all possible risks associated with the program and that the above list in no way limits the extent or reach of this Release. To the fullest extent permitted by law, I, as the legal guardian of the Minor, hereby Release, Waive and further agree to Indemnify, Defend and Hold Harmless, Waves, LLC. their subsidiary and affiliated companies, and all of their respective directors, shareholders, officers, employees, agents, sponsors, successors and assigns (collectively, the "Released Parties"), with respect to any liability, claims(s), demand(s) cause(s)s of action, damage(s) , loss or expenses (including court costs and attorney fees) of any kind or nature ("Liability) arising out of or related to this Agreement or the Minor's participation in the Lesson, even if such Liability results from the negligent acts or omissions of the Released Parties. I hereby pre-authorize Waves, LLC Swim & Safety Training and their representatives to arrange for emergency medical treatment and/or ambulance or helicopter transport on the Minor's behalf if medical attention is warranted during the Minor's participation in the Lesson. I understand and agree that I will be responsible for the costs associated with any such emergency medical care and/or transport arranged on the Minor's behalf. I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms and conditions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statement or inducements have been made apart from this Agreement. If any portion of this Agreement is held to be unenforceable, invalid or overly broad, the remaining terms and provisions of this Agreement will continue in full legal force and effect. I warrant that I am of legal age, at least 18, and that I have every right to contract in my own name and on behalf of the minor child.