Olympic View Swim and Tennis Club

Assumption of Risk, Waiver, and Release from Liability

 

In consideration for participating in and using Olympic View Swim and Tennis Club pool and locker room facilities during the Adult Morning Lap Swim program, I acknowledge and agree as follows:

 

1. Voluntary Participation - My involvement or participation is voluntary and is not requested or required by Olympic View Swim and Tennis Club.

 

2. Risk Factors - I understand and acknowledge that participation in athletic or recreation activities or  services or the use of equipment and facilities involves risks including, but not limited to the following: risk of property damage; bodily injury including but not limited to temporary or permanent muscle soreness; sprains; strains; cuts; bone fractures; abrasions; bruises; ligament and/or cartilage damage; head, neck or spinal injuries; paralysis; eye damage; disfigurement; drowning; and possibly death. These risks may result from the use of the equipment or facilities, from the activity itself, from the acts of others or from the unavailability of emergency medical care.

 

3. Assumption of Risk - I voluntarily and personally assume all risks that may arise out of or result from participation in athletic or recreational activities or the use of equipment, facilities and/or services, regardless of whether such risks are known or unknown, foreseen or unforeseen, disclosed or undisclosed, including but not limited to those risks described above.

 

4. Compliance with Policies and Procedures - I agree to comply with and abide by all rules, policies and procedures of Olympic View Swim and Tennis Club. I understand that the safe and proper use of equipment, facilities or participation in the activity is dependent upon carefully following such rules, policies and procedures. The Olympic View Swim and Tennis Club staff has the right to revoke or terminate my privileges for any violation of such rules and policies.

 

5. Release of Liability- I hereby release, waive, and discharge Olympic View Swim and Tennis Club, and all of its trustees, officers, employees and agents from any and all claims, injuries, causes of action, suits, liability, losses or expenses (including attorney’s fees) arising from or in connection with my participation in or use of Olympic View Swim and Tennis Club activities, services, equipment and facilities.

 

6. Indemnification - I also agree to indemnify, defend and hold harmless Olympic View Swim and Tennis Club, and all of its trustees, officers, employees and agents from any and all claims, injuries, causes of action, suits, liability, losses or expenses (including attorney’s fees) arising from or in connection with my participation in and use of the Olympic View Swim and Tennis Club and recreation activities, services, equipment and facilities.

 

7. Skill, Ability and Fitness - I acknowledge that I have the requisite skills, qualifications, physical fitness and ability, and training necessary to properly and safely use the equipment, facilities, and to participate in the athletic and recreation activities. I agree that if I have any questions as to what skills, qualifications or training is necessary to properly use the equipment, facilities or participate in athletic and recreation activities itself, then I will ask the appropriate staff member on site. Furthermore, I certify that I have consulted with a physician to determine any potential conditions that may adversely affect my participation.

 

8. Medical Costs - I am solely responsible for any and all medical, health, or personal injury or illness costs relating to my participation in or use of Olympic View Swim and Tennis Club recreation activities, services, equipment and facilities.

 

9. Insurance - I acknowledge that I am strongly recommended to have a medical insurance policy that will cover injury or illness that may occur due to participation in or use of Olympic View Swim and Tennis Club recreation activities, services, equipment and facilities.

 

10. Jurisdiction - This Agreement shall be governed in all respects by the laws of the State of

Washington. The parties agree to use the State of Washington for Jurisdiction and King County as Venue for any disputes between the parties.

 

11. Severability - Should any of the provisions of this Agreement, or portions thereof, be found to be invalid by a court of competent jurisdiction, the remainder of this Agreement shall nonetheless remain in full force and effect.

 

12. Acknowledgment - I have read and fully understand this Agreement and realize it relates to

surrendering and releasing valuable legal rights and doing so freely and voluntarily.

 

The Novel Corona Virus 2019 (COVID-19) is extremely contagious virus that spreads easily person to person. COVID-19 infections have been confirmed throughout the United States including Washington. Federal and state authorities recommend social distancing as well as wearing face coverings as a means to prevent the spread of the virus. COVID-19 can lead to severe illness, personal injury and death. 

With the swimming facilities and pools open again with the COVID-19 pandemic, Olympic View Swim Club is implementing precautions to help prevent the spread of COVID-19 during these activities. Despite these precautions, OVSC in no way warrants or guarantees that anyone visiting our facility will not be exposed to or contact COVID-19 through participation in OVSC classes or activities. OVSC strongly discourages participants who are at high risk or have household members who are high risk for severe illness from attending classes and participating in OVSC sponsored activities. 

By visiting the OVSC facilities, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I, my children and/or my family may be exposed to and infected with COVID-19 while participating in Olympic View sponsored classes and activities and the such exposure or infection may result in illness, personal injury, permanent disability and/or death. I also understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to Olympic View Swim Club resulting from exposure to COVID-19 (including, but not limited to, personal injury, disability, and/or death) to myself, my children and my family. I understand that any time a swimmer or parent feels like the risk is too great to the swimmer or swimmer’s family, the swimmers and/or parents may decide to leave and or not attend the OVSC sponsored activity. 

Furthermore, I certify that I am the parent or legal guardian for my child. I hereby give my permission for any supervisor, instructor, lifeguard, or other program administrator associated with Olympic View to seek and give appropriate medical attention for our child(ren) in the event of accident, injury, illness. I will be responsible for any and all costs associated with any necessary medical attention and/or treatment.

I hereby waive, release and forever discharge Olympic View and associated supervisor, instructor, lifeguard, or other program administrator from all rights and claims for damages, injury, loss to person or property which may be sustained or occur during participation in activities at Olympic View, whether or not damages or loss is due to negligence. I hereby acknowledge that my children is (are) physically fit and capable of participation in all activities at Olympic View for which they are registered.

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