Guest Waiver* GUEST RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND MEDICAL AUTHORIZATION AGREEMENT
In consideration of being permitted to register for, participate in, or otherwise use the facilities, property, programs, services, and equipment of Woodstream Swim Club (the “Club”), I agree as follows on behalf of myself, all individuals included on this guest registration and waiver (whether adults or minors (collectively referred to herein as the “Participant(s)”), and my/their respective heirs, successors, assigns, executors, administrators and personal representatives.
1. PARTICIPANT AUTHORITY AND REPRESENTATIONS
I affirm I have full legal authority to execute this Agreement on behalf of all Participant(s) associated with use of the Club. I agree to provide accurate information during the registration process, and voluntarily agree to all terms herein.
2. ASSUMPTION OF RISK
I understand partaking in recreational swimming and use of aquatic facilities involves physical activity, swimming, diving, and strenuous exercise, all of which may be of a hazardous nature presenting inherent risks, including but not limited to: slips and falls, drowning, collisions, the actions or omissions of third parties who are not Releasees as defined below, overexertion, exposure to weather conditions, water-related injuries, equipment failure, paralyzing injuries, brain injuries, and death.
I further acknowledge that participation in group activities and use of shared facilities may expose the Participant(s) to communicable diseases and/or other illnesses, and that such exposure may occur despite reasonable precautions taken by the Club.
I knowingly and voluntarily assume all such risks, whether known or unknown, inherent or otherwise, arising out of or related to participation in Club activities.
3. RELEASE AND WAIVER OF LIABILITY
By completing this electronic registration and in consideration of being permitted to use the property, facilities, equipment and services of the Club, I do hereby waive, release, and forever discharge the Club, its directors, officers, agents, employees, and other administrators (“Releasees”), from liability for any and all claims, liabilities, damages, and actions resulting in personal injury, accidents or illnesses (including death), and property damage or loss arising from participation in activities, programs, use of facilities, premises or equipment, including but not limited to pools, diving board, slide, playgrounds, sports courts and any other part of the grounds.
4. MEDICAL RELEASE AND AUTHORIZATION
I hereby acknowledge that Participant(s) are in sufficiently healthy physical, mental and emotional condition to safely participate in the activities they choose to undertake at the Club. I acknowledge that Participant(s) are encouraged to consult with a physician before beginning any new exercise program.
In the event of an accident, injury, or illness, I authorize the Club, at its discretion, to seek reasonable and necessary medical treatment for the Participant. I understand that the Club has no obligation to provide or arrange such medical care. I accept all responsibility for any and all costs associated with medical attention and/or treatment.
5. INDEMNIFICATION AND HOLD HARMLESS
I agree to indemnify, defend, and hold harmless the Club from and against any and all claims, actions, suits, procedures, losses, costs, expenses, damages and liability arising from the Participant(s’) use of the property, facilities, staff, equipment or services of the Club, including damage to the Club’s facilities or equipment caused by Participant(s), such as through misuse, disregard for safety guidance, or lack of supervision.
6. RULES AND POLICIES
I agree to comply with all Club rules, policies, and safety procedures, including posted pool rules or seasonally amended rules and procedures, and to comply with the directions of Club staff. Failure to comply may result in suspension or termination of the Club use without refund. Pool rules: https://woodstreamswimclub.membersplash.com/about/pool-rules/
7. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey.
8. WAIVER OF JURY TRIAL
I hereby knowingly and voluntarily waive any right to a trial by jury for any dispute arising out of or relating to this Agreement or participation in any and all Club activities.
9. SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
10. ELECTRONIC EXECUTION AND ACKNOWLEDGMENT
I acknowledge that this Agreement is executed electronically and that such execution has the same force and effect as a handwritten signature.
By completing this guest registration, I represent that I am at least eighteen (18) years of age, fully competent, and that I have read, understand, and voluntarily agree to all terms of this legally binding Agreement.
I have read and agree to the terms above