In consideration of permission to participate in and use, today and on all future dates, the property, facilities, staff, equipment and services of Daland Swim School, Inc. hereinafter ("Daland") I/my child, our heirs, personal representatives, successors and assigns, do hereby execute this Waiver, and release, waive, discharge and covenant not to sue Daland, including its owners, partners, shareholders, operators, members, directors, officers, employees, agents for liability and damages arising from any and all claims, including but not limited to, those arising out of the negligence of Daland, or that of any and all others, resulting in personal injuries, accidents or illnesses, including death, and property loss arising from my/our presence and/or participation in activities, classes, observation, and/or use of the Daland facilities, premises or equipment.
- Assumption of Risks:
The use of Daland's swim school, swim team, property, facilities, staff, equipment and/or services carries with it certain inherent risks which cannot be eliminated regardless of the care taken to avoid injuries. Daland has facilities and provides for such activities as: swim team sponsorship, swim practice, swim meets, social events, community outreach, clinics, classes, and camps. Some of these activities involve situations, environments or activities that may lead to illness, physical injuries, psychological injuries, emotional distress or property damage.
- Photography and Promotional:
I/we grant Daland, its representatives, and employees the right to take videos, tape recordings and/or photography of me/my child, and my property in connection with the matters set forth herein. I hereby authorize Daland, its assigns and transferees to copyright, use and publish the same in print and/or electronically into perpetuity regardless of the media/channel. I/we agree that Daland may use such video, tape recordings and/or photography with or without my name and for any lawful purpose, including but not limited to, publicity, illustration, advertising, social media, and web content. I/we understand that photography, tape recordings and video are occasionally taken at Daland for promotional and marketing purposes. I/we agree that our likeness, voice and/or comments and those of any our family members and/or our guests may be used by Daland in Daland's promotional and marketing materials in any form.
- Acknowledgement of Understanding
I/we have read this Waiver of liability, assumption of risk, and indemnity agreement, have had an opportunity to consult an independent attorney, and I/we understand and agree that this Waiver is a contract between me/my child and Daland; and that I/we are giving up substantial rights, including my/our right to sue. I/we acknowledge that I/we are signing this Waiver freely and voluntarily, and I/we intend my/our signature(s) to be a complete and unconditional release of all liability to the greatest extent allowed by law.