The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Swim With Gina has put in place preventative measures to reduce the spread of COVID-19; however, we cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending lessons could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending swim lessons with Swim with Gina and team or being at the location of these lessons and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
I understand that the risk of becoming exposed to or infected by COVID-19 at lessons or any of the facilities where lessons are taught may result from the actions, omissions, or negligence of myself and others, including, but not limited to Swim with Gina employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at swim lessons.
On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Swim With Gina, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.
I understand and agree that this release includes any claims based on the actions, omissions, or negligence of Swim With Gina, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during or after any participation in lessons with Swim with Gina or team.
Waiver and Release of Liability:
Express assumption of risk: I, the undersigned, am aware that there are significant risks involved in all aspects of training and water activities. These risks include, but are not limited to injuries and/or death. I am willing to assume full responsibility for the risks that I am exposing myself or child to and accept full responsibility for the risks involved.
I acknowledge, I nor my child have any physical impairments, injuries, or illnesses that will endanger me or others while participating.
In consideration of the above mentioned risks and in consideration of the fact that I am willingly and voluntarily participating in the activities offered by James and Gina Hester. I the undersigned hereby release, forever discharge and agree to hold harmless James and Gina Hester, Swim With Gina, their employees, lifeguards, helpers or volunteers, as well as release ALL the facilities from which they teach, including but not limited to their home, Trinity Episcopal School, The Challenge at Oak Forrest Country Club, Pinecrest Country Club, and any private residence from which they teach, from any and all liability, claims, demands, actions or right of action which are related to, arise out of, or are in any way connected with my participation. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. I am including, but not limited to, instances of personal injury, sickness or death, as well as any property damage and expenses of any nature whatsoever as a result of participation in any class or activity offered by James and Gina Hester.
Authorization for Emergency Medical Attention:
If I am signing on behalf of a minor child, I also give full permission for any person connected to James and Gina Hester or Swim With Gina, to administer first aid/CPR deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.
I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.
April 22, 2021