Participation Agreement, RELEASE, INDEMNITY, and HOLD HARMLESS This document affects your legal rights. You must read and understand it before initialing and signing it. ACTIVITIES PARTICIPANT MAY TAKE PART IN: Swimming/Associated Exercise (the "Activities") We, the above named Participant and the Responsible Party of the above named Participant (hereinafter jointly and severally referred to as “We”, “Us”, “Ourselves” “Our”), in consideration of the services provided by the Released Parties and the right to engage in or attend the Activities as a participant, volunteer or spectator, hereby acknowledge, agree, promise and covenant with Gina Hester individually and d/b/a Swim With Gina, James Hester, and their partners, agents, independent contractors and employees (collectively, “Swim With Gina”) as well as any third party whose pool or other swimming facilities are used to host and/or conduct the Activities, including, but not limited to Trinity Episcopal School, Trinity Church Marshall, Trinity Supporters, Inc., Stafford Wellness center, Crossing Creeks Country Club and any Host Homes (the, "Third Parties") (collectively, the “Released Parties”), on behalf of myself, my heirs, assigns, personal representatives and estate as follows: ACKNOWLEDGMENT OF RISKS: WE UNDERSTAND AND ACKNOWLEDGE that the Activities in which Participant is about to voluntarily engage in have certain anticipated and unanticipated risks which could result in INJURY, DEATH, ILLNESS OR DISEASE, PHYSICAL OR MENTAL DAMAGE to Participant and/or Responsible Party, to Participant and/or Responsible Party’s property or to other parties or their property. These risks include, but are in no way limited to, the following: 1) The risks which are inherent in the activities of swimming, 2) The acts or omissions or negligence in any degree of Released Parties, 3) Latent or apparent defects or conditions in equipment or property, 4) Third Parties provide NO LIFEGUARDS, 5) Improper coaching or inadequate supervision, 6) Improper chemical balance. ACCEPTANCE OF RISK AND RESPONSIBILITY. WE VOLUNTARILY AGREE, COVENANT AND PROMISE TO ACCEPT AND ASSUME ALL RESPONSIBILITIES AND RISK FOR INJURY, DEATH, ILLNESS OR DISEASE to Ourselves or to Our property or other parties and their property arising from our participation in the Activities. Our participation in the Activities is voluntary. MEDICAL CARE, PARTICIPANT INSURANCE BENEFITS AND REPRESENTATION OF PHYSICAL CONDITIONS: WE UNDERSTAND AND ACKNOWLEDGE that no major medical or accident insurance benefits will be provided to Us during participation or viewing of the Activities. We certify that We have sufficient health, accident, and personal liability insurance to cover any bodily injury or property damage that We may incur while participating in the Activities, and to cover bodily injury or property damage caused to another party as a result of Our participation in the Activities. If We have no such insurance, We certify that We are capable of personally paying for any and all such expenses or liability. WE FURTHER ACKNOWLEDGE that Participant is in good physical and mental health, and not suffering from any condition, disease or disablement, which would or could potentially affect participation in the Activities. We give our consent and permission to the Released Parties and medical personnel to obtain or administer on Our behalf or on behalf of Our minor child, Participant, first aid and emergency medical treatment in case of sickness, accident, injury and to secure medical care at Our expense and to make decisions concerning medical care if We are unable to do so or if in the case of my minor child, We are unable to be reached. We give consent for drug testing to be performed in the event of any accident or during the course of any medical care or treatment for Ourselves or Participant. RELEASE: WE VOLUNTARILY RELEASE AND FOREVER DISCHARGE AND COVENANT NOT TO SUE ANY OF THE RELEASED PARTIES, from or for any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with Our participation in the Activities, including, but not specifically limited to any and all negligence, fault or strict liability of any of the Released Parties for any and all injury, death, illness or disease, and damage to Ourselves or to Our property. WE FURTHER, AGREE, PROMISE AND COVENANT TO HOLD HARMLESS AND TO INDEMNIFY EACH OF THE RELEASED PARTIES from all liability, claims, demands, actions or rights of action, damages, defense costs, including attorney’s fees, or from any other costs incurred in connection with claims for bodily injury or property damage which We, or any of us individually, may negligently or intentionally cause to other parties in the course of Our, or any of Our, participation in the Activities. WE FURTHER AGREE, PROMISE AND COVENANT NOT TO SUE, ASSERT OR OTHERWISE MAINTAIN ANY CLAIM AGAINST ANY OF THE RELEASED PARTIES, for any injury, death, illness and disease, or damage to Ourselves or to Our property, arising from or connected with Our participation in this activity or from any claims asserted against Us by other parties. IN SIGNING THIS DOCUMENT, WE FULLY RECOGNIZE THAT IF ANYONE IS HURT OR DIES, OR PROPERTY IS DAMAGED WHILE WE OR PARTICIPANT ARE ENGAGED IN THE ACTIVITIES, WE WILL HAVE NO RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST ANY OF THE RELEASED PARTIES EVEN IF ANY OF THE RELEASED PARTIES NEGLIGENTLY CAUSED THE BODILY INJURY OR PROPERTY DAMAGE. This agreement shall be binding upon the heirs, legal representatives, executors and administrators of the Participant and Responsible Party and is for the benefit of the Released Parties and their heirs, successors and assigns. ACKNOWLEDGMENT OF EFFECT OF THIS RELEASE AGREEMENT: WE UNDERSTAND AND ACKNOWLEDGE that by initialing and/or signing this document We have given up certain rights and/or possible claims which We might otherwise assert or maintain against the Released Parties, including specifically, but not limited to, rights arising from or claims for the acts or omissions, fault, negligence in any degree of any of the Released Parties. We understand and acknowledge that by signing this document, We HAVE ASSUMED RESPONSIBILITY AND LEGAL LIABILITY for the claims or other legal demands, including defense costs, which may be asserted by other parties against me as a result of Our participation in the Activities. INDEMNIFICATION: We, being each of the undersigned individuals, recognizes and understands that Gina Hester and James Hester do not own the real property, the swimming pool or any other facilities upon or at which the Activities are conducted. We consent to use of third party facilities and are doing so entirely upon his or her ow initiative, risk and responsibility. Furthermore, We are aware of the risks and hazards inherent upon the use of the third party facilities, which includes, but is not limited to, the swimming pool and bathroom area(s) located upon the third party premises. To the extent permitted by law, participant AND RESPONSIBLE PARTY, JOINTLY AND SEVERALLY, AGREE to indemnify, hold harmless, and defend Released Parties from and against any and all losses, claims, liabilities and expenses, including reasonable attorney fees, if any, which Released Parties may suffer or incur in connection with OUR USE OR MISUSE OF ANY PART OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO LOSSES, CLAIMS, LIABILITIES AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH ARISE FROM THE NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL MISCONDUCT OF ONE OR MORE OF THE REALESED PARTIES, THEIR EMPLOYEES, SERVANTS OR AGENTS. This release shall be binding upon the spouse, heirs, next of kin, executors, and administrators of each of the undersigned. ENTIRE AGREEMENT: We understand that this document contains entire agreement between Released Parties and Us, that it is for the benefit of all Released Parties, and that it cannot be modified or changed in any way by the representations or statements of Released Parties or any employee or agent of the Released Parties or by me. My signature below indicates that I have read this entire document, understand it completely, and agree to be bound by its terms. If I am the parent or guardian of the Participant, I agree to be bound by the terms and conditions of this agreement and shall be responsible for the actions of the Participant. AFFIDAVIT OF PARENTAL OR LEGAL GUARDIANSHIP: I, the undersigned, declare that I am the parent of, or the legal guardian of this minor, and have the legal capacity to execute documents on behalf of such minor. I understand that execution of this document is a condition to participate in the Activities. I am signing this document and any subsequent documents that may be required, freely, without any fraud or duress, and acknowledge that I have read and understand the same. The undersigned further represents and agrees that he or she has the authority to execute this document on behalf of the minor(s) listed herein, as well as another parent or guardian if the undersigned executes this document on behalf of another parent or guardian. DO NOT Sign this if you do not understand the contents of the agreement
April 27, 2024 |
