I have read and understand this document
Release of Liability
Read Carefully — This Affects Your Legal Rights
In exchange for participation in the activity of Swim Lessons, organized by Melody Dean, of 1798 Wright Street, Pomona, California, 91766, and/or use of the property, facilities, and services of Melody Dean, I agree for myself and (if applicable) for the members of my family, 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 Melody Dean, or the employees, representatives, or agents of Melody Dean.
(2) Assumption of the Risks and Release. I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Melody Dean from liability for injury, loss, or damage arising out of my or my family's use of or presence upon the facilities of Melody Dean, whether caused by the fault of myself, my family, Melody Dean, or other third parties.
(3) Indemnification. I agree to indemnify and defend Melody Dean 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 my or my family's use of or presence upon the facilities of Melody Dean.
(4) Fees. I agree to pay for all damages to the facilities of Melody Dean caused by any negligent, reckless, or willful actions by my family or me.
(5) Consent. I consent to the participation of my child in the activity of Swim Lessons, and agree on behalf of the above minor 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 the above minor.
(6) Medical Authorization. In the event of an injury to the above minor during the above-described activities, I give my permission to Melody Dean or to the employees, representatives, or agents of Melody Dean to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will remain in effect until terminated in writing by the undersigned. Melody Dean shall have the following powers: (a) The power to seek appropriate medical treatment or attention on behalf of my child as may be required by the circumstances, including, without limitation, that of a licensed medical physician and/or a hospital; (b) The power to authorize medical treatment or medical procedures in an emergency situation; and (c) The power to make appropriate decisions regarding clothing, bodily nourishment, and shelter.
(7) Governing Law. This agreement shall be governed by the laws of California.
(8) No Duress. I agree and acknowledge that I am under no pressure or duress to sign this agreement and 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. I further agree and acknowledge that Melody Dean has offered to refund any fees I have paid to use its facilities if I choose not to sign this agreement.
(9) 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. Accordingly, the parties specifically reject the application of Cal. Civ. Code § 1654 to this agreement, as well as any other statute or common law principles of similar effect.
(10) Severability. If any provision of this agreement shall be held to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid, illegal, or unenforceable, but that by limiting such provision, it will become valid, legal, and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
(11) Emergency Contact. In case of an emergency, please use the emergency contact information provided below.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
Notice: By signing this document, you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational activity, or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care.
The Releasee: Melody Dean
I consent to photo/video use for marketing purposes
Photo & Video Consent. I consent to Melody Dean photographing and/or video recording my child during the above-described activities, and I grant Melody Dean permission to use those photographs and videos for marketing purposes only, including but not limited to the Catch The Current website, social media accounts, and promotional materials. I understand that no compensation is owed to me or my child for this use, and that I may revoke this consent at any time by notifying Melody Dean in writing.
Sign & Submit Waiver
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