Informed Consent and Waiver/ Release Form Please read this form carefully before signing. This form is a release of liability and waiver of certain legal rights. I Agree You acknowledge, and agree that the use of WeLifeguard's directory is at your sole and exclusive risk. You agree that you knowingly and freely, assume all risks, both known and unknown, including all injuries or damages that may arise from using the directory or the services provided to you from a lifeguard on the directory. In no event will WeLifeguard or any of its officers, directors, members, managers or other representatives be liable to you for any indirect, special, incidental, or consequential damages, or for any other losses or expenses that arise out of the use of WeLifeguard's directory or the services provided to you from a lifeguard on the directory. I Agree WeLifeguard is a nonprofit directory of lifeguards. You, the homeowner, hire and pay the lifeguard or swim instructor directly. I Agree There are risks inherent in the activities by lifeguards and swim instructors listed on the WeLifeguard directory. These activities may be of a hazardous nature and/or may include activities such as swimming, swimming lessons, diving, and lifeguarding. In no event will WeLifeguard be liable for any damages arising out of or relating to the conduct of you or anyone else in connection with WeLifeguard’s services including but not limited to bodily injury, death, paralyzing injuries, and brain injuries. You are responsible for any accident, illness, injury, or death of any person or persons, or damage to or loss or destruction of any property arising or resulting from swimming, swimming lessons, diving, and/or lifeguarding directly or indirectly from your son(s)/daughter(s), friends, guests, invitees, and/or relatives participation in the aforementioned activities and occurring during said participation or any time subsequent thereto while such activities are being conducted at your request and direction. WeLifeguard shall not be liable for any damages related to, in connection with, or otherwise resulting from any use of the WeLifeguard directory of lifeguards, regardless of the negligence (either active, affirmative, sole, or concurrent) of WeLifeguard, even if WeLifeguard has been advised of the possibility of such damages. I Agree WeLifeguard does not guarantee the quality, suitability, safety, or ability of any lifeguard hired directly by you. You are solely responsible for evaluating the suitability and certifications of the lifeguards or swimming instructors for the services they offer to provide. You agree the entire risk arising out of your use of the WeLifeguard directory, and any service provided in connection therewith, remains solely with you. WeLifeguard shall not be liable for any transaction or relationship between you and any hired lifeguard, or any transaction or relationship between you and any lifeguard. You agree to indemnify and hold WeLifeguard harmless for any acts or omissions. I Agree You further agree that any claim for injuries or damage shall solely be submitted to your own insurance company and that you shall be the sole source of any damages arising out of any and all services provided to you by WeLifeguard. You further agree to provide defense counsel for WeLifeguard in the event any claim is brought against WeLifeguard or any lifeguard, arising out of your hosted pool event or swimming lessons. I Agree CHOICE OF LAW: You understand and agree that the laws of the State of Connecticut will apply to this contract, and any dispute will be resolved by arbitration. If any provision of this Waiver and Release of Liability is declared invalid, the remaining provisions remain enforceable. You have had sufficient time to read this entire document and, should you choose to do so, consult with legal counsel prior to signing. By signing this Waiver and Release of Liability, you acknowledge that either you have sought the advice of legal counsel or wish to waive the opportunity to seek the advice of counsel before signing. Any dispute must be resolved in an arbitration. I Agree YOU HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE YOUR RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE: October 2, 2023
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