RELEASE OF LIABILITY, WAIVER OF CLAIMS,

ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

(Hereinafter referred to as the “Release Agreement”)

TO:     Devonne Dylewski and Micaela MacDougall doing business as Water Waves of 296 power st Penticton V2A5X1

In consideration of Water Waves agreeing to participation of the Child/Children in in the Lessons and permitting the Child/Children use of their equipment and services, and for other good and valuable consideration hereby confirmed as received, I/we warrant and agree as follows:

1. PARENT/GUARDIAN: I/We am/are the parent(s)/guardian(s) having full legal responsibility for decisions regarding the Child/Children.

1. INTERPRETAION: In this Release Agreement,  

“Lessons” means any and all activities, events and services provided, arranged, organized, and/or authorized by the Water Waves and includes, but is not limited to, swimming lessons and first aid lessons; and

“Water Waves” means Devonne Dylewski, Micaela MacDougall, and their employees, contractors, agents, representatives, successors, and assigns.

1. RULES: I/We understand, and will instruct the Child/Children, that all applicable rules for participation and the instructors’ directions must be followed and that at all times the sole responsibility for personal safety remains with the Child/Children.

1. MEDICAL DISCLAIMER: I/We certify that the Child/Children do(es) not suffer from any conditions which may endanger the safety of the Child/Children or anyone else, by participating in the Lessons. I/We further certify that the Child/Children do(es) not suffer from extreme asthma, epilepsy, a cardio/respiratory disorder, hypertension, any skeletal or joint or ligament problem or condition.

1. PHOTOS/VIDEOS: I/We hereby agree and acknowledge that Water Waves may take photographs and/or videos of me/us and/or the Child/Children during his/her/their participation in the Lessons (the “Images”).  These Images and any intellectual property interest in the Images are the sole property of Water Waves and I/We confirm my/our consent to Water Waves using the Images for the purposes of advertising, promotional, marketing materials or in such other manner as Water Waves deems advisable.

1. DAMAGED/ LOST/ STOLEN PROPERTY: I/We hereby agree and acknowledge that Water Waves bears no responsibility to supervise or store any property of myself/ourselves or the Child/Children and any property that I/we bring to the Lessons remain at my/our sole risk and responsibility.  At no time will Water Waves be considered a bailiff of my/our property or the Child/Children’s property.

1. DAMAGE DEPOSIT/SECURITY: I/We acknowledge that, during the Lessons, the Child/Children may have access or use of certain equipment of Water Waves.  As such, I/we agree to compensate Water Waves for any loss or damage of equipment caused by the Child/Children. The assessment of loss or damage, cost of repair or replacement of such loss or damaged equipment, and allocation amongst participants will be at the sole and unfettered discretion of Water Waves.

As security against such loss or damage to Equipment, I/we consent to Water Waves retaining a copy of my/our valid credit card as well as a copy of my/our photo identification for the sole purpose of charging any loss or damage costs.  Water Waves will keep such personal information secure and private and will not release to anyone other than Water Waves and for the purposes specifically outlined herein.

1. INDEMNITY: I/we hold harmless and indemnify Water Waves from any and all liability, including Water Waves’ actual legal costs, for any personal injury, death, or property damage occasioned to or suffered by any person or persons resulting from the Child/Children’s participation in the Lessons.