READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
INHERENT RISKS: THE SIGNATORIES HERETO and his/her minor children, spouse or domestic partner, and other family members (collectively, “My Family”) voluntarily choose to enter Meadow Swim and Tennis Club (the “Club”) premises and/or to participate in Club activities and events including, but not limited to, swimming, diving, tennis, camps, clinics, childcare, swim team(s) and tennis team(s) and other recreational activities and events (collectively, “Club Activities and Events”). My Family and I understand and acknowledge that Club Activities and Events include inherent RISKS OF INJURY AND DEATH.
IN CONSIDERATION of being permitted to enter the Club premises, to use Club facilities and/or to participate in Club Activities and Events, whether on Club premises or elsewhere, EACH OF THE SIGNATORIES HERETO, ON MY BEHALF AND ON BEHALF OF MY FAMILY:
1) EXPRESSLY ASSUMES ALL RISKS INCLUDING INJURY AND DEATH that may be associated with entering the Club premises and/or participating in Club Activities and Events and/or exposure to infectious syndromes or diseases, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES (defined below) or otherwise and WHETHER SUCH RISKS ARE KNOWN OR UNKNOWN.
2) RELEASES, WAIVES AND DISCHARGES FROM ANY AND ALL LIABILITY AND COVENANTS NOT TO SUE the Club, and any/all of its directors, officers, agents, employees, contractors, swim and tennis instructors, lifeguards, childcare providers, insurers, Club members, members of the board of directors and volunteers (collectively, “Releasees”) FOR ANY AND ALL INJURY, DEATH, LOSS, DAMAGE AND/OR EXPOSURE TO INFECTIOUS SYNDROMES OR DISEASES suffered by me, My Family, my personal representatives, agents, assigns, guests, heirs and next of kin (collectively, “Releasors”) ARISING OUT OF OR RELATED TO THE CLUB OR CLUB ACTIVITIES AND EVENTS, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. I understand that this release prevents me and the other Releasors from suing the Club and the other Releasees.
3) AGREES TO DEFEND, INDEMNIFY, SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of or related to any claim or lawsuit in connection with any Releasee’s use of the Club or participation in Club Activities and Events.
4) HAS READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF ALL RISK, AND INDEMNITY AGREEMENT, FULLY UNDERSTANDS ITS TERMS, UNDERSTANDS THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS HEREUNDER, AND HAS ENTERED INTO THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
5) AGREES that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect that Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of California.
6) CERTIFIES that me, My Family and my guests will not engage or participate in any Club Activities or Events unless such persons are in good health and have no health conditions that would prevent participation in Club Activities and Events.
7) KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT AND ACKNOWLEDGES THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS MATERIAL FOR THE RELEASEES TO ALLOW ANY RELEASOR’S ENTRY ON CLUB PREMISES AND PARTICIPATION IN CLUB ACTIVITIES AND EVENTS.
By signing you acknowledge that you have read, understand, and agree to be bound by the terms above and are a signatory hereto on your behalf and on behalf of yourself, your family and the other Releasors. If you do not sign the proposed terms above, you and your family will be denied access to the Club and may not participate in Club Activities and Events.