Assumption of Risk
By registering my child(ren) with the Waukesha Express Swim Team/SwimAmerica, I agree to participate (or allow my child(ren) and family members to participate) in the SwimAmerica Swimming Lessons, and hereby release Waukesha Express Swim Team, their officers, directors, employees, and agents, its directors, officers, agents, coaches, and employees from liability for any injury that might occur to myself (or to my child(ren) and family members) while participating in SwimAmerica swimming lessons program.
I agree to indemnify and hold harmless the above mentioned organizations and/or individuals, their agents and/or employees, against any and all liability for personal injury, including injuries resulting in death to me, my child(ren) and/or other family members, or damage to my property, the property to my child(ren) and/or other family members, or both, while I (or my child(ren) or family members) participate in this SwimAmerica program.
Release of Liability/COVID Waiver
By registering my child(ren) with the Waukesha Express Swim Team, I agree to participate (or allow my child(ren) and family members to participate) in the Waukesha Express Swim Team, and hereby release Waukesha Express Swim Team, its directors, officers, agents, coaches, and employees from liability for any injury that might occur to myself (or to my child(ren) and family members) while participating in the Waukesha Express Swim Team program, including travel to and from training sessions, swim meets or other scheduled team activities.
I agree to indemnify and hold harmless the above mentioned organizations and/or individuals, their agents and/or employees, against any and all liability for personal injury, including injuries resulting in death to me, my child(ren) and/or other family members, or damage to my property, the property to my child(ren) and/or other family members, or both, while I (or my child(ren) or family members) participating in the Waukesha Express Swim Team program(s).
I agree to all statements included in the below COVID 19 waiver:
WAUKESHA EXPRESS SWIM TEAM
Waiver of Liability, Release and Indemnity Agreement
_________ You acknowledge physical exercise can be strenuous and subject to risk of serious injury. WAUKESHA EXPRESS SWIM TEAM urges participants to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity.
__________ You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that your family, including child(ren), may be exposed to or infected by COVID-19 while on site at the pool or facility and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at the pool or facility may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the WAUKESHA EXPRESS SWIM TEAM and pool management company's employees, volunteers, and program participants and their families.
_________ You agree that you, or your child, are voluntarily participating in these activities, with knowledge of the risks associated with such activity.
_________ You acknowledge and agree that neither Waukesha Express Swim Team nor you will be liable to the other for any special, indirect, incidental or consequential damages arising out of this Agreement. Except as otherwise specifically set forth herein, Waukesha Express Swim Team?s total liability to you under or in connection to this Agreement shall not exceed the amounts paid or payable to WAUKESHA EXPRESS SWIM TEAM according to this agreement; Any action against Waukesha Express Swim Team arising out of, resulting from, or related to the performance or breach of this Agreement shall be filed not later than three (3) months after the cause of action has accrued.
_________ You agree that should any part of this agreement be found by a court of law to be against public policy or in violation of any state statute or case precedence, then the remainder of this document will remain in full force
_________ By signing below, you understand and agree to the terms stated above. You understand the risks associated with Remote or Unsupervised Physical Exercise. IN ADDITION, BY SIGNING BELOW, YOU RELEASE WAUKESHA EXPRESS SWIM TEAM FROM ANY AND ALL LIABILITY FOR ANY INJURY OR DAMAGE THAT MAY ARISE FROM, BUT NOT LIMITED TO, YOUR PARTICIPATION IN (A) ANY ACTIVITY, CLASS, PROGRAM, PERSONAL TRAINING OR INSTRUCTION, (B) THE SUDDEN AND UNFORESEEN INJURIES ARISING OUT OF YOUR IMMEDIATE SURROUNDINGS, (C) OUR INSTRUCTION, TRAINING, OR SUPERVISION. THE FOREGOING UNDERSTOOD, YOU, YOUR HEIRS, ASSIGNS, AND YOUR PERSONAL REPRESENTATIVE HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST WAUKESHA EXPRESS SWIM TEAM, ITS OWNERS, OFFICERS AND EMPLOYEES, CONTRACTORS, AND ANY OTHER PARTIES CONNECTED TO THE SERVICES IN ANY WAY (?RELEASEES?) SINGULARLY OR COLLECTIVELY, AND FURTHER HOLD HARMLESS AND INDEMNIFY SUCH RELEASEES FROM AND AGAINST ANY LIABILITY, CLAIMS OF NEGLIGENCE, MISADVENTURE, HARM, LOSS, INCONVENIENCE OR DAMAGE HEREBY SUFFERED OR SUSTAINED AS A RESULT OF YOUR PARTICIPATION IN THE SERVICES, OR ANY OTHER SERVICES OR ACTIVITIES OFFERED BY RELEASEES. THE FOREGOING NOTWITHSTANDING, THIS IS NOT A RELEASE AND WAIVER OF INTENTIONAL OR RECKLESS ACTS OF RELEASEES. SUCH RELEASE, WAIVER, HOLD HARMLESS AND INDEMNITY SHALL APPLY TO YOUR OWN CLAIMS AND/OR CLAIMS OF THIRD PARTIES, RELATING TO MY PARTICIPATION IN THE SERVICES.
YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. YOU HAVE HAD THE OPPORTUNITY TO BARGAIN WITH WAUKESHA EXPRESS SWIM TEAM WITH ADEQUATE INSURANCE OR AN ADEQUATE CASH DEPOSIT TO NOT HAVE TO AGREE TO THE WAIVERS OR RELEASES OF LIABILITY OR INDEMNIFICATION PROVISIONS SET FORTH HEREIN. YOU UNDERSTAND THAT YOU HAVE WAIVED AND SURRENDERED VALUABLE LEGAL RIGHTS. YOU HAVE SIGNED THIS WAIVER VOLUNTARILY; AFTER DUE NEGOTIATIONS, IN EXCHANGE FOR THE CONSIDERATION DESCRIBED ABOVE.
This Agreement and its terms bond a relationship between WAUKESHA EXPRESS SWIM TEAM and yourself. Each time you participate in these activities, you affirm the terms of this Agreement and agree to indemnify and hold WAUKESHA EXPRESS SWIM TEAM and its employees harmless from all liability and claims, as stated above.
The Services are provided under this Agreement by WAUKESHA EXPRESS SWIM TEAM.