RELEASE OF LIABILITY
Trident Swim Foundation
Free Swim Lessons
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the Swim Lessons organized by Trident Swim Foundation, of 150 W 55th St, Suite 8A, New York, New York, 10019 and/or use of the property, facilities and services provided for the Swim Lessons, I agree for myself and (if applicable) for the members of my family or those that I am a legal guardian (“Participants”), to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Trident Swim Foundation, or the employees, representatives or agents of Trident Swim Foundation.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist. I assume full responsibility for personal injury to all Participants, and further release and discharge Trident Swim Foundation for injury, loss or damage arising out Participants use of or presence upon the facilities provided, whether caused by the fault of Participants, Trident Swim Foundation or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Trident Swim Foundation against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from Participants’ use of or presence upon the facilities of the Swim Lessons.
4. FEES. I agree to pay for all damages to the facilities of the Swim Lessons caused by any negligent, reckless, or willful actions by me or my family.
5. CONSENT. By signing below or in an electronic form acknowledging that I have read this release, I consent to the participation of Participants in the Swim Lessons, and agree on behalf of any listed minors to all of the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of any listed minor Participants.
6. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under New York law.
7. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.
8. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
9. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
10. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
By: ___________________________________ Date: __________________
RELEASE OF LIABILITY
Trident Swim Foundation
Free Swim Lessons
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the Swim Lessons organized by Trident Swim Foundation, of 150 W 55th St, Suite 8A, New York, New York, 10019 and/or use of the property, facilities and services provided for the Swim Lessons, I agree for myself and (if applicable) for the members of my family or those that I am a legal guardian (“Participants”), to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Trident Swim Foundation, or the employees, representatives or agents of Trident Swim Foundation.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist. I assume full responsibility for personal injury to all Participants, and further release and discharge Trident Swim Foundation for injury, loss or damage arising out Participants use of or presence upon the facilities provided, whether caused by the fault of Participants, Trident Swim Foundation or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Trident Swim Foundation against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from Participants’ use of or presence upon the facilities of the Swim Lessons.
4. FEES. I agree to pay for all damages to the facilities of the Swim Lessons caused by any negligent, reckless, or willful actions by me or my family.
5. CONSENT. By signing below or in an electronic form acknowledging that I have read this release, I consent to the participation of Participants in the Swim Lessons, and agree on behalf of any listed minors to all of the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of any listed minor Participants.
6. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under New York law.
7. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.
8. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
9. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
10. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
By: ___________________________________ Date: __________________
