CLICK HERE to read more: Release, Waiver of Liability & Assumption of Risk
Release, Waiver of Liability, Assumption of Risk and Indemnification Agreement
In consideration of being allowed to participate in athletic activities and sports, and the related events, classes, tournaments and camps (collectively the “Activities”) offered and provided by Gold Medal Swim School HoldCo LLC (“Company”), I on behalf of myself, the participant(s) and our respective heirs, assigns, administrators, personal representatives and next of kin, acknowledge, appreciate and agree to the following terms and conditions of this Release, Waiver of Liability, Assumption of Risk and Indemnification Agreement (“Agreement”):
I am aware of the inherent risks associated with participation in athletic activities and sports. I am aware there is a significant risk of injury from the Activities, including, without limitation, the potential for serious injuries, permanent paralysis and even death. I acknowledge that while particular skills and personal discipline may reduce this risk, the risk of serious injury and death does exist.
To the extent applicable, Company may own, lease or rent the property or facilities at which the Activities, or any portion thereof, occur (the “Facilities”). I agree and represent that I will comply with all rules and regulations set by Company, or the Facilities owner, operator or manager, regarding being present on the Facilities, and participation in Activities. I agree and represent that if I observe any hazard or unsafe condition during my presence or participation in Activities at the Facilities, I will immediately stop my participation in all Activities and immediately bring the hazard or unsafe condition to the attention of Company or the Facilities owner, operator or manager and refuse to participate in any Activities until such hazard or unsafe condition is eliminated.
I agree and represent that the participant is in good physical condition with no underlying health condition or risks associated with strenuous physical activity, including, without limitation, the Activities. I agree and represent that if the participant experiences any physical stress or pain or medical condition (including, without limitation, cardiovascular or muscular discomfort or pain, disorientation, shortness of breath, headaches, generalized pain, etc.) I will immediately stop the Activity at the Facilities and seek medical attention.
I hereby give my consent to Company to provide, through a medical staff of its choice, customary medical/athletic training attention, transportation, and emergency medical services as warranted during my participation, to the extent it deems necessary in the sole discretion of Company.
To the fullest extent of applicable law, I agree and represent that I am knowingly and freely assuming all known and unknown risks, including, without limitation, any risk of bodily injury, illness, disability, death, losses, and/or property damage arising from or related to my presence at or participation in Activities and Sports, at the Facilities, even if such risks are caused, in whole or in part, by the past, present and/or future negligence, wrongdoing and/or fault of Releasees (as defined below) or others, and assume full responsibility for my presence at or participation in Activities or Sports at the Facilities.
To the fullest extent of the applicable law, I agree to release, waive and discharge liability and covenant not to sue Company, if applicable, the Facilities owner, operator and manager and their respective owners, members, managers, employees, agents, officers, representatives, affiliates, subsidiaries, direct and indirect parent companies, successors, insurers, assigns, vendors, and contractors (collectively “Releasees”) from and against any and all liability, claims, lawsuits in law, equity, contract or otherwise, torts, damages, losses, demands, expenses (including, without limitation, attorneys' fees), injuries to person or property, death, illness, and/or disability, arising out of or related in any way to my participation in Activities or Sports, and/or presence at the Facilities, whether caused, in whole or in part, by the past, present and/or future sole or concurrent negligence, wrongdoing, and/or fault of the Releasees or otherwise.
To the fullest extent of the applicable law, I further agree to indemnify, defend and hold harmless Releasees from and against any and all liability, claims, lawsuits in law, equity, contract or otherwise, torts, damages, losses, demands, expenses (including, without limitation, attorneys' fees), injury to person or property, death, illness, and/or disability arising out of or related in any way to my Activities on and/or presence at the Facilities.
To the fullest extent of the applicable law, I further agree to knowingly waive any right to assert or participate in any class action or collective action arising out of or related in any way to my presence at the Facilities and/or participation in Activities and Sports, or this Agreement.
I agree and consent to Company and its affiliates and vendors to make telephone calls or send text messages to the telephone number(s) I provided to Company for the purpose of completing my transactions with Company including, without limitation, information about reservations and waitlists through use of an automatic telephone dialing system or an artificial or prerecorded voice, and even if the telephone number has been previously listed on a do-not-call registry.
I agree that this Agreement is intended to be as broad and inclusive as permitted by the law of the State of Delaware and applicable federal law and that if any portion thereof is held invalid, it is agreed that the remainder of the Agreement shall continue in full legal force and effect. I agree that this Agreement shall be governed by the law of the State of Delaware and applicable federal law, and any claim, lawsuit, cause of action and/or other legal proceeding arising out of or related in any way to this Agreement, my presence at the Facilities, and participating in Activities or Sports, shall be exclusively maintained in any court in the State of Delaware and in no other court, and I specifically acknowledge and submit to the personal jurisdiction of said court, and waive any defense of inconvenient forum or improper venue. If any provision hereof violates the public policy of the state where this release is executed then the law and/or forum to be applied shall be the state where the Facilities are located.
I agree to and knowingly waive any right to trial by jury and agree to submit any claims, lawsuits, cause of action and/or other legal proceeding arising out of or related in any way to my or our presence at the Facilities and/or participation in Activities and Sports, or this Agreement to final determination by the court.
I represent that I have read this Agreement in its entirety and am signing this Agreement freely and voluntarily. I understand this Agreement contains a broad release of all claims in favor of Releasees, an agreement to defend, indemnify and hold harmless Releasees, a forum selection clause and choice of forum clause, and waiver of jury trial, and I am entering into this Agreement with a full appreciation of those substantial rights that I am freely and voluntarily giving up by entering into this Agreement without any inducement, assurance or guarantee being made to me and intend my signature below to signify my acceptance of all of the terms of this Agreement, including, without limitation, a complete and unconditional waiver and release of all liability regarding Releasees to the fullest extent allowed by applicable law.
Parental Consent and Indemnification Agreement for Participants under 18 years:
I am the parent and/or legal guardian with legal authority and responsibility for the minor participant listed below. I acknowledge I have read the above and am signing this Agreement freely and voluntarily. I consent and agree to all the terms of the Agreement for myself and for the minor participant identified below.
I further agree to indemnify, defend and hold harmless Releasees from any liability, claims, lawsuits, in law, equity, contract or otherwise, torts, damages, losses, demands, expenses (including, without limitation, attorneys' fees), injury to person or property, death, illness, and/or disability arising out of or related in any way to the below listed minor participant's Activities on or presence at the Facilities.
CLICK HERE to read more: Name, Image, and Likeness Release
You are presumed to hereby consent to this Name, Image, and Likeness Release Form. If you do not consent to the use of this Name, Image, and Likeness Release Form, please email our office goldmedal@goldmedalswimschool.com notification of your preferences. You may revoke your consent in your Parent Portal in the "Notes" section. Your email/note specifying you revoke your consent will supersede any prior consent.
I hereby grant Gold Medal Swim School HoldCo LLC (referred to as “Company“) my permission to use my voice, likeness and/or image, biographical information including name, age, home address, and any photographs, images, or other material(s) including social media posts (the “Materials”) taken, created or including me, and provided to the Company by me or other individuals authorized by me, or made on behalf of the Company, without any compensation for any future promotional activity, whether in print, audio, video or other media that may be used in connection with marketing and promoting the Company, and I waive all claims of invasion of privacy, defamation or other violation of personal rights in association therewith. This includes past, future and current promotions and submissions. I hereby authorize the Company to copy, exhibit, publish, distribute, or provide to third parties the Materials for purposes of marketing and promoting the Company’s programs and services or for any other lawful purpose. These Materials may be used in printed publications, multimedia presentations, on websites, or in any other distribution media currently in use or developed in the future. I agree that I will make no monetary or other claim against the Company for use of the Materials. I understand and agree that these Materials shall become the property of Company and will not be returned. In addition, I waive any right to inspect or approve the finished product, including written copy, wherein the Materials appear.
I hereby hold harmless and release the Company and its owners, direct and indirect parent companies, subsidiaries, members, managers, affiliates, employees, agents, representatives, officers, successors, insurers, assigns, vendors and contractors from all claims, demands and causes of action which I, my heirs, representatives, executors, administrators or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
I have read this authorization and release, fully understand its terms, understand that I have given up substantial rights by signing it, and have signed it freely and without inducement or assurance of any nature. I agree that if any portion of this authorization and release is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.