The individual named below ("I" or "me") desires to participate in swimming lessons and related activities ("Activities") provided or sponsored by First Strokes Ltd., a New York not-for-profit company (the "Company"). As lawful consideration for being permitted by the Company to participate in the Activities and/or the intangible value that I will gain by participating in the Activities, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY, DEATH, LOSS AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY OR OTHERS. I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE POTENTIAL DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, LOSS AND PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, employees, agents, affiliates, representatives, successors, and assigns (collectively, "Releasees"), on account of injury, death, or property damage arising out of or attributable to my participation in the Activities, whether arising out of the negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
I HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. I HEREBY CERTIFY AND ACKNOWLEDGE THAT I HAVE CONSIDERED THE IMPLICATIONS OF THIS WAIVER, I MAKE THIS WAIVER KNOWINGLY AND VOLUNTARILY.
This Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction, and any such invalid, illegal, or unenforceable term or provision shall be automatically modified to effect the original intent of such term or provision as closely as and to the greatest extent possible while complying with applicable law. This Agreement is binding on and shall inure to the benefit of me, the Company, the other Releasees and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of New York. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in New York County, New York and I hereby consent to the exclusive jurisdiction of such courts. Each party agrees that my electronic signature or any other type of signature of or assent by me to this Agreement (including, without limitation, by clicking an "ok" or "Agree" button or any other click through or means or media indicating assent or by my participation in the Activities after receipt of this Agreement) are intended to authenticate this writing and to have the same force and effect as a manual signature.
BY SIGNING BELOW OR BY PROVIDING ANY OTHER SIGNATURE CONTEMPLATED BY THIS AGREEMENT, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO BRING LEGAL ACTION AGAINST THE COMPANY.
December 10, 2019