I hereby agree to: (1) Release and forever discharge Gwinnett Swim, LLC., its agents, servants, employees, independent contractors, officers, directors, trustees, owners and all other persons or entities acting on its behalf; together with the owner(s) and/or lessor(s) of the Premises and their agents, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf (collectively, the Covered Parties), from any and all claims, actions, damages, liability, costs or expenses and attorney's fees which are related to, arise out of, or are in any way connected to the Parent or Legal Guardian and/or the Minor participating in Gwinnett Swim lessons, whether or not such claims, actions, damages, liability, costs or expenses are caused by the negligence of a Covered Party or any other attendee or participant in the Gwinnett Swim Lessons, or otherwise. (2) I Surrender and waive any rights that the Parent or Legal Guardian and/or the Minor, heirs, next of kin, family, relatives, guardians, executors, administrators, trustees and assigns may have or possess to sue or exercise any remedy or legal right to seek damages from any Covered Party for any such claims, actions, damages, liability, costs or expenses. (3) I Indemnify, hold harmless and defend each Covered Party from any and all claims, actions, damages, liability, costs, expenses and attorney fees that are related to, arise out of, or are in any way connected to the Parent/Legal Guardian and/or the Minor participating in the Gwinnett Swim Lessons. (4) I agree to hold the organization (Gwinnett Swim, LLC.), Christina Williams, Cindy Sachse, any employees of Gwinnett Swim, and property owner(s) harmless from any liability resulting from the use of the premises offered for lessons. I agree to be solely responsible for the care of said minor while out of the water and solely responsible for the care of any child I have brought to the pool with me.(5) I hereby give my consent/permission to Gwinnett Swim, LLC., and its representatives, as necessary in their discretion and judgment, to administer first aid and/or CPR as they deem appropriate in their sole discretion. In the event that my child is unconscious or I am unable to make medical decisions for my child, I authorize the Released Parties, as they deem appropriate in their sole discretion, to obtain emergency medical services and treatment for my child including, but not limited to, arranging for transportation to the nearest medical facility. I agree to abide by and be bound by any decisions as if they were made by me and will assume full financial responsibility for all medical care and/or transportation. I acknowledge that it is my responsibility to secure adequate insurance for such first aid and medical care. Any emergency medical attention and treatment in case of sickness, accident, or injury and to secure such medical attention and treatment at my sole expense and hereby agree to indemnify, hold harmless and reimburse Gwinnett Swim, LLC. and/or its representatives but not limited to Christina Williams, Cindy Sachse, and/or Gwinnett Swim employees, all costs and expenses that are related to, arise out of, or are in any way connected to any emergency medical attention and treatment in case of sickness, accident, or injury for said Minor. I hereby acknowledge that participating in swim lessons and/or aquatic activities could result in serious bodily injury, permanent disability or death and am fully aware of and willingly accept such risks, hazards, and dangers both individually and on behalf of said minor. I HEREBY CERTIFY THAT I AM OVER 18 YEARS OF AGE AND THAT I HAVE CAREFULLY READ AND UNDERSTAND THIS ENTIRE AGREEMENT AND AGREE TO ALL OF THE ABOVE TERMS AND CONDITIONS. PRIOR TO SIGNING THIS AGREEMENT I HAVE HAD THE OPPORTUNITY TO ASK ANY AND ALL QUESTIONS ABOUT THE LESSONS, PARTICIPATION IN THE PROGRAM, AND/OR THIS AGREEMENT. I AM AWARE THAT BY SIGNING THIS AGREEMENT, I ASSUME ALL RISKS AND WAIVE AND RELEASE CERTAIN SUBSTANTIAL RIGHTS THAT I, MY HEIRS, NEXT OF KIN, FAMILY, RELATIVES, GUARDIANS, EXECUTORS, ADMINISTRATORS, TRUSTEES, AND ASSIGNS MAY HAVE OR POSSESS AGAINST GWINNETT SWIM LLC AND/OR CHRISTINA WILLIAMS/CINDY SACHSE, GWINNETT SWIM EMPLOYEES, OR ANY OTHER COVERED PARTY FOR DAMAGE OR HARM ARISING FROM OR OCCURRING AT, DURING OR IN CONNECTION WITH MY PRESENCE AT OR PARTICIPATION IN AQUATIC ACTIVITIES WITH GWINNETT SWIM, LLC.
In consideration for being permitted to utilize the services and programs of Gwinnett Swim for myself or my children to participate for any purpose, including, but not limited to, observation or use of the facility or equipment, or participation in programs on or offsite, with Gwinnett Swim. The undersigned, on behalf of himself or herself and such participating children and any personal representatives, heirs, and next of kin, hereby acknowledges, agrees and represents that he or she has inspected and carefully considered such premises, equipment and facilities and/or the affiliated program(s), and that the undersigned finds and accepts same as being safe and reasonably suited for the use of participation by the undersigned and such participating children.
In addition, the undersigned acknowledges that novel coronavirus (COVID-19) infections have been confirmed throughout the United States. The undersigned agrees that prior to utilizing the facilities, services and programs of Gwinnett Swim, that he or she, agrees, represents and warrants that neither the undersigned nor such participating children shall visit or utilized the facilities, services, and programs of Gwinnett Swim if he or she experiences symptoms of COVID-19, including, without limitation, fever, cough, or shortness of breath, or has a suspected or diagnosed/confirmed case of COVID-19. The undersigned agrees to notify Gwinnett Swim immediately if he or she believes that any of the foregoing access/use restrictions may apply.
Gwinnett Swim has taken measures to implement recommended guidance and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19, and may revise its procedures at any time based on new updates and recommendations. The undersigned acknowledges and agrees that, due to the nature of aquatic programs at Gwinnett Swim, social distancing of 6 feet per person among children, their caregivers and employees/staff in this setting is not always possible. The undersigned fully understands and appreciates both the known and potential dangers of utilizing the facility, services, and programs of Gwinnett Swim and acknowledges that use and participation thereof by the undersigned and/or participating children may, despite Gwinnett Swim's reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability and/or death.
The undersigned, and on behalf of participating children, hereby releases, waives, discharges and covenants not to sue Gwinnett Swim, officers, directors, its employees, and/or volunteers from all liability to the undersigned or such participating children and all personal representatives, assigns, heirs, and next of kin of the undersigned or such participating children for any loss or damage, and any claim or demands on account for any property damage or injury to, or an illness or the death of, the undersigned or such participating children (or any person who may contract COVID-19, directly or indirectly, from the undersigned or such participating children) whether caused by the negligence, active or passive, of Gwinnett Swim or otherwise while the undersigned or participating children are in,upon, or about the premises of Gwinnett Swim or any Gwinnett Swim affiliated program.
I acknowledge and agree that photographs and/or video may be taken of me while I am involved in the Activities or at the facility. I hereby grant Gwinnett Swim, its legal representatives, successors and assigns, the irrevocable and unrestricted right (a) to use said minor's likeness in any manner and medium and to publish photographs and/or video images of said minor for editorial, trade, advertising, commercial, and any other business purpose including, but not limited to, as evidence in litigation, and (b) to edit, alter, copy, copyright, exhibit, or distribute the same without restriction. I hereby waive the right to inspect or approve the finished product containing my likeness and waive any right to payment or other compensation arising from the use of my likeness. I hereby release the Released Parties from all claims and liability relating to any photos or videos. If you wish to DECLINE THE PHOTO/VIDEO RELEASE, PLEASE COMPLETE THE NO PHOTO/VIDEO FORM AT THE RECEPTION DESK to be filed with your student's record.
All Members are financially responsible for all membership dues and related fees. We, on our own or through our designee, reserve the right to collect any and all delinquent dues or fees owed by a Member. Month-to-month Members who wish to discontinue enrollment must either select drop date at time of class enrollment, or complete a Class Withdrawal Form 30 or more days prior to the 1st of the requested month of withdrawal. Any outstanding/remaining balances and upcoming balances must be paid in full at the time of form submission, and any missed classes eligible for make up are forfeited. All registration fees and previous class fees are non-refundable. Withdrawal will be honored up to 30 days prior to the 1st of the requested withdrawal month via the Class Withdrawal Form authorized date. If the Class Withdrawal Form request is submitted within 30 days of the requested withdrawal month, withdrawal will occur the following month thereafter, and any monthly fee will be assessed. 12 month Members may only withdraw after the 12th billing cycle but prior to the 13th billing cycle of the membership by completing a Class Withdrawal Form 30 days prior to the 13th billing cycle. If the member does not request withdrawal, membership will continue annually thereafter at the 12 month rate, with the option to withdraw on the contract renewal date. Members that continue enrollment will continue at the same monthly rate as original contracted rate and will not increase to current adjusted annual rate. Should a 12 month member need to withdraw, Member may only withdraw for the following circumstances: terminal illness of the enrolled member or immediate family member, or a documented move more than 50 miles from a Gwinnett Swim facility.