Release and Waiver of Liability and Indemnity Agreement

In consideration of being permitted to participate in the Swimplify Swim Program indicated below and / or being permitted to enter, for any purpose, any restricted area (here-in defined as any area where-in admittance to the public is generally prohibited), the parent(s) and/or legal guardian(s) of the minor participant named below agree:

1) I/We fully understand and acknowledge that:

(a) There are some potential risks and dangers associated with participation in the Swimplify Swim Program which could result in bodily injury. Although participation in the Swimplify Swim Program is not, in and of itself, considered dangerous or unsafe, a participant, family member or guest may become injured due to lack of adequate attention or negligence by the participant, family member or guest or the responsible parent or guardian in charge of the participant, family member or guest.

(b) There may be social and economic losses and / or damages, which could result from these potential risks and dangers described above.

(c) There may be other risks not known to us or are not reasonably foreseeable at this time.

2) I/We accept and assume such risks and responsibilities for the losses and / or damages following any such injury, however it may have been caused and whether caused in whole or in part by the negligence of the Releasees names below:

3) I/We HEREBY RELEASE, WAIVE, DISCHAGE AND COVENANT NOT TO SUE the Swimplify Swim Program, or any member, employee, owner, manager, director, coach or staff of the Swimplify Swim Program, as well as any facility being used by the Swimplify Swim Program used by the participant, including the facilities owners, managers, promoters, directors, officers, agents, employees, lessees of premises used to conduct the program, premises and event inspectors, underwriters, consultants and others who give recommendation, direction or instructions to engage in risk evaluation or loss control activities regarding the facility or events and programs held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as “Releasee”... FROM ALL LIABILITY TO THE UNDERSIGED, my/our personal representatives, assigns, executors, heirs and next of kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO THE PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.

4) I/We HEREBY acknowledge that although the Swimplify Swim Program and any activities and events associated therein are NOT considered dangerous, inattention, horseplay, disregard of rules and ack of adequate supervision by the responsible parent or guardian may result in the risk of serious injury and/or death and / or property damage. Each of the undersigned also expressly acknowledges that injuries
received may be compounded or increased by rescue operations or procedures of the Releasees.

5) EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the program or event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

6) On behalf of the participant and individually, the undersigned parents(s) and/or legal guardians(s) for the minor participant executes this Waiver and Release. If, despite this release, the participant makes a claim against an of the Releases, the parent(s) and/or legal guardian(s) will reimburse the Releasees for any money which they have paid to participant or on his behalf and hold them harmless. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I HAVE GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT AND I HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST ALLOWED BY LAW.