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Terms & Conditions

RELEASE, WAIVER & INDEMNITY AGREEMENT

This Release, Waiver and Indemnity Agreement, by and between Kids 1st Swim School, LLC, Sherri Adamowicz, Nicole Brewster, Heather Larson, Marlene Seawright, NancyLynn Tirado, Rachel Serra, Erin Carney, Kelsey Aubrey, (hereinafter collectively referred to as “Instructor”) and the Guardians listed on the Registration Form (hereinafter referred to as “Parent(s)”) the Parents and Legal Guardians of the child (ren) listed on the Registration Form (hereinafter referred to as “Minor(s)”).

WHEREAS, Parents and Minor(s) desire to participate in swimming lessons provided by Instructor(s) and Instructor(s) desires to provide swimming lessons to the Minor(s);

WHEREAS, the parties hereto understand and agree that there is a risk of bodily injury, death and property damage when individuals, especially minors, are permitted in or around bodies of water; and

WHEREAS, all parties to this agreement, having full knowledge of the natural and inherent dangers which bodies of water may cause life, limb and property, nevertheless desire to engage Instructor(s) for the purpose of providing swimming lessons, water safety instruction and other water related activities to the Minor(s) so that Minor(s) may develop necessary skills to avoid these hazards in the future.

NOW, THEREFORE, in consideration of the foregoing and of the covenants hereinafter set forth, the parties agree as follows:

  1. In consideration of being permitted to participate in swimming lessons, Parent (s) and Minor(s), collectively and on behalf of their personal representatives, heirs, and next of kin, release from all liability, waivers, discharges and covenants not to sue Instructor(s), its members, employees, agents, independent contractors as well as any and all owners and or lessees of the premises located at 15696 71st Drive North, Palm Beach Gardens, FL 33418, and 15863 78th Drive North, Palm Beach Gardens, FL 33418, 331 Kingfisher Drive, Jupiter, FL 33458, 471 Rambling Drive Circle, Wellington, FL 33414, 612 Eastwind Dirve, North Palm Beach, FL 33408; 933 Eucalypus Road, North Palm Beach, FL  33408, 327 Sandpiper Avenue, Royal Palm Beach, FL  33411, used by Instructor(s) to conduct water activities (hereinafter referred to as “Premises”), all referred to as Releasees, from all liability to the Parents and Minor(s), their person representatives, assigns, heirs and next of kin for all loss or damage, and any claim or damage therefore, on account of injury to the person(s) or property or resulting in death of the Parent(s) and or Minor(s) whether caused by the negligence of Releasees or otherwise while the Minor(s) and Parent(s) are in or upon the premises and/or participating in any swimming lessons, water safety instruction and/or water related events held by Releasees.
  2. Parent(s) and Minor(s) hereby agree to indemnify and save and hold harmless the Releasees, and each of them, from any loss, liability, damage or costs they may incur due to the presence of the Parent(s) and Minor(s) in or upon the Premises whether caused by the negligence of Releasees, or otherwise;
  3. Parent(s) and Minor(s) hereby assume full responsibility and risk of bodily injury, death or property damage due to the negligence in any water related event held by Releasees;
  4. Parent(s) and Minor(s) expressly agree that foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that, if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
  5. Parent(s) and Minor(s) have read and voluntarily check the box for Terms and Conditions on the Registration Form to this release, waiver, indemnity agreement and that there are no oral representations, statements or inducements, apart from the foregoing agreement, which have been made by the parties, and the undersigned acknowledge that they have been provided ample time and opportunity to fully and completely examine this document and obtain separate counsel for advice regarding this document’s execution, prior to execution of the same and that the terms of this release are contractual and not mere recital.
  6. By checking that you agree to these terms and conditions, you, your family, collectively on behalf of their personal representatives, heirs, and net of kin acknowledges that this is a legal binding contract and is in effect when the form is sent via email.