Aquatic Activity Waiver

AQUATIC ACTIVITY WAIVER

RECITALS

WHEREAS, Provider Name: operates aquatic facilities and organizes aquatic activities including swimming, diving, snorkeling, and related instruction (collectively, the "Activities"); and

WHEREAS, Participant Name: desires to participate in the Activities and acknowledges that participation involves inherent risks;

WHEREAS, the parties intend that this Agreement allocate responsibilities, establish payment terms, set safety and medical authorizations, and obtain waivers and releases as a condition of participation.

SCOPE OF WORK

PARTICIPANT INFORMATION

PAYMENT TERMS

TERM AND TERMINATION

This Agreement commences on Start Date: and continues until End Date: unless earlier terminated as set forth below.

Either party may terminate this Agreement for convenience upon providing written notice no fewer than days prior to the intended termination date. Provider may immediately suspend or terminate participation by any individual who poses a safety risk, violates facility rules, or is materially noncompliant with payment obligations.

WAIVER, RELEASE, ASSUMPTION OF RISK AND INDEMNITY

Participant acknowledges that participation in aquatic activities involves inherent risks including drowning, slip and fall injuries, hypothermia, collision, sun exposure, and other hazards. Participant voluntarily assumes all such risks, whether known or unknown, foreseeable or unforeseeable.

In consideration of being permitted to participate, Participant, on behalf of themselves, their heirs, personal representatives, and assigns, hereby RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Provider, its owners, officers, employees, agents, contractors, volunteers and affiliates (collectively, the "Released Parties") for any and all liability, claims, demands, causes of action, or damages arising out of Participant’s participation except for acts of gross negligence or willful misconduct by the Released Parties.

Participant agrees to DEFEND, INDEMNIFY AND HOLD HARMLESS the Released Parties from and against any claims, losses, liabilities, costs and expenses (including reasonable attorney fees) arising from Participant’s negligence, breach of this Agreement, or intentional misconduct.

MEDICAL AUTHORIZATION

Participant authorizes Provider to obtain emergency medical treatment on Participant’s behalf if necessary. Participant acknowledges responsibility for all costs of such care and agrees to notify Provider of any medical conditions that might affect participation.

RULES, SAFETY AND CONDUCT

Participant agrees to follow all posted rules, staff instructions, and safety protocols. Failure to comply may result in immediate removal from Activities without refund. Participant certifies that they are physically able to participate or have disclosed limitations in writing.

CONFIDENTIALITY

The parties acknowledge that certain personal and health information disclosed under this Agreement is confidential. Provider will use personal information only for purposes of program administration, emergency response, and legal compliance and will not disclose such information except as required by law or with Participant’s written consent.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement is governed by the laws of Governing Jurisdiction: without regard to conflict-of-law principles. Any dispute arising under this Agreement shall be resolved in the courts located in the governing jurisdiction unless the parties agree in writing to alternative dispute resolution.

SEVERABILITY; ENTIRE AGREEMENT

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements and understandings, whether written or oral.

ACKNOWLEDGMENTS

By signing below, Participant acknowledges that they have read this Agreement carefully, understand its terms, accept its allocation of risk, and voluntarily agree to be bound by it.

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