Release of Liability
Lifeguard Training Course Participant
Assumption of the Risk, Release,
Indemnification, And Waiver of Liability Agreement
In consideration for me being allowed to participate in the Lifeguard Courses, I, for myself, my heirs, executors, personal representatives, agents, and assigns represent and agree to the following:
I represent that I am in satisfactory physical health and condition to participate in the Lifeguard Courses. I acknowledge that participation in the Lifeguarding Courses is physically demanding and requires a high level of endurance and physical and mental fitness. I understand that I must be able to swim for a certain continuous time with a certain speed and dive under water. I recognize that any water activity required for Lifeguarding Courses is potentially dangerous and that there are hazards for me in being around a swimming pool area, swimming pool equipment and chemicals where I could be injured or die. I recognize that I must take responsibility for my safety and I agree that I will stop participation in the Lifeguard Courses if I feel unsafe or I do not feel capable of protecting myself from any harm or risk of injury or death.
I affirm and certify that neither I nor anyone with whom I have had close contact has tested positive for COVID-19 in the last 14 days and that neither I nor anyone with whom I have had close contact has exhibited COVID-19 related systems, such as having a cough, fever, sneezing, sore throat, loss of sense of smell or taste or any respiratory difficulty. I have reviewed the COVID-19 symptoms available at the weblink https://www.cdc.gov prior to beginning the Lifeguarding Courses.
I promise and agree to thoroughly wash my hands frequently. I agree that it may not be possible for me to minimize interactions with other people or possible for me to social distance and stand further away from other people as is recommended by the CDC. I consent to having High Sierra Pools and its personnel take my temperature before I participate in the Lifeguarding Courses and during my participation in the Lifeguarding Courses. I agree that High Sierra Pools may terminate my participation in the Lifeguarding Courses if, in the sole judgment of the High Sierra Pools personnel, I appear to exhibit any of the known symptoms of COVID-19.
By agreeing to this agreement, I understand that I am aware that there are risks to which I have voluntarily chosen to expose myself including drowning, tripping hazards, and exposures to chemicals. I appreciate and voluntarily expose myself to the risks of injury, drowning, death and other damage. I understand that High Sierra Pools cannot protect me from harm because of the very nature of the risks involved in the Lifeguarding Courses and being around water, chemicals, and equipment. I appreciate that I could be injured if High Sierra Pools does not recognize that I am in distress and I could drown.
I also acknowledge that I am aware and appreciate the contagious nature of COVID-19 and, notwithstanding that knowledge, I voluntarily assume the risk that I may be exposed to COVID-19 and other illnesses or infected by COVID-19 and other illnesses by attending and participating in the Lifeguarding Course. I understand and appreciate that High Sierra Pools cannot ever guarantee that I will not become infected with COVID-19 and cannot prevent me from contracting any illness or virus including COVID-19. ?Further, I also understand and appreciate that attending the Lifeguarding Courses exposes me to a greater risk of contracting COVID-19, despite everyone's best efforts to overcome the spread of COVID-19. ?I understand and appreciate that the nature of the Lifeguarding Courses inherently and necessarily requires physical contact with other persons and with other participants. Therefore, I recognize and fully understand and appreciate that High Sierra Pools cannot prevent me from exposure to COVID-19 or prevent me from contracting COVID-19 or any illness or virus.
With all of those understandings set forth above, I voluntarily agree to assume the risk of any personal injury, infection, illness, disability, drowning, death, damage, loss, claim, liability, or expense and other consequences including that I may if I contract COVID-19 or other illnesses then spread COVID-19 and other illnesses to other persons and animals.
I hereby release, covenant not to sue, and fully discharge High Sierra Pools and its instructors, personnel, staff, lifeguards, employees, volunteers, representatives, and agents and other course participants ("the Releasees") from any and all claims, liabilities, actions, inactions, damages, financial loss, costs, litigation costs, attorney's fees or expenses of any kind arising out of or relating my voluntary decision to participate and attend the Lifeguarding Courses. ?I understand and agree that I am releasing any claims based upon the actions, inactions, omissions, failures or even the negligence of the Releasees.
I agree to and hold harmless and indemnify High Sierra Pools and its instructors, personnel, staff, lifeguards, employees, volunteers, representatives, and agents from any and all claims, liabilities, actions, inactions, damages, financial loss, costs, litigation costs, attorney's fees or expenses of any kind arising out of or relating my voluntary decision to participate and attend the Lifeguarding Courses, including for any negligence by High Sierra Pools and by its instructors, personnel, staff, lifeguards, employees, volunteers, representatives, and agents.
If I am at least eighteen (18) years of age and fully competent, I represent that I have READ ALL OF THE PAGES OF this Agreement AND UNDERSTAND THE TERMS OF THIS AGREEMENT. I understand that it includes a FULL RELEASE OF ANY LIABILITY AND DAMAGES, and I execute this Agreement, obligating myself to ALLOF its terms. THIS IS A RELEASE AND WAIVER AND INDEMNITY AGREEMENT.
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For participants under the age of eighteen (18) years of age, the parents and legal guardians of the minor, who are over the age of eighteen (18) years, agree that they have read this Agreement, appreciate its terms, and agree with this Agreement as an express condition of participation in the Lifeguarding Courses. Furthermore, we, the parents and legal guardians of the minor, agree to this Agreement for the minor. Additionally, if the minor, makes a claim against any of the Releasees, we agree to personally hold harmless and indemnify the Releasees from any and all claims, liabilities, actions, inactions, damages, financial loss, costs, litigation costs, attorney's fees or expenses of any kind arising out of or relating to our voluntary decision to allow the minor to participate and attend the Lifeguarding Courses and arising out of or relating to any claim by the minor.
