In consideration of being allowed to voluntarily participate in any activities and/or programs taking place on the premises of Miranda Boatwright’s home, or otherwise associated with Swim Safe Now LLC, its owners and operators, the undersigned Parent or Guardian (hereinafter “Undersigned” and “I” interchangeably), on behalf of the minor
participant(s) (herinafter “child(ren)” and “particant(s)” interchangeably) named below, hereby acknowledges, appreciates and agrees to the following: I represent that I am the parent or legal guardian of the minor participant named below and on this registration. As the legal parent or guardian, I for myself, the minor participant(s), any heirs, estate, successors and assigns release Miranda Boatwright, her spouse, heirs and assigns, Swim Safe Now, its owners and operators from any and all liability, claims, demands, and causes
of action whatsoever, arising out of or related to any loss, damage, or injury, slip, fall and/or negligent instruction or supervision, including death, that may be sustained by the participant and/or the Undersigned, while in or upon the premises or any premises under the control and
supervision of Miranda Boatwright, Swim Safe Now LLC, its ownersand operators or in route to or from any said premises. I, for myself, the minor participant(s) named below, any heirs, estate, successors and assigns, hereby acknowledge, accept and
assume all the risks and hazards arising out of or related to the participation of any activities taking place on Miranda Boatwright’s premises or otherwise associated with Miranda
Boatwright, Swim Safe Now LLC, its owners and operators, resulting from the negligence of Miranda Boatwright, her spouse, heirs and assigns, Swim Safe
Now LLC, its owners and operators.
This Waiver includes, but is not limited to, any claims against Miranda Boatwright, her spouse, heirs and assigns, Swim Safe Now LLC, its owners and operators for negligence or gross negligence of any kind or nature related to the design, layout,
configuration, construction, maintenance, operation, supervision, instruction or advice, allowing another Instructor or Student Instructor to participate in a classes, subcontractor hiring and retention and any other aspect of interaction or facility use by or between Undersigned and
Miranda Boatwright, her spouse, heirs and assigns, Swim Safe Now LLC, its owners and operators.
Undersigned acknowledges that Miranda Boatwright, her spouse, heirs and assigns, Swim Safe Now LLC, its owners and operators shall not be liable to Undersigned for any claims, demands, injuries, damages or actions or causes of action whatsoever arising due to injury to Undersigned, Undersigned’s child(ren), Undersigned’s guests or property arising out of or in connection with the use by Undersigned and/or Undersigned’s child(ren) and/or Undersigned’s guests, of the services or facility of Miranda Boatwright, her spouse, heirs and assigns, Swim Safe Now LLC, its
owners and operators or the premises where same is located and Undersigned hereby releases and holds Miranda Boatwright, her spouse, heirs and assigns, Swim Safe Now LLC, its owners and operators harmless from all claims which may be brought
against them by Undersigned or on Undersigned’s behalf for any such injuries or claims aforesaid and completely and irrevocably releases and waives his/her rights to any claims as otherwise outlined within this paragraph..
PARENTAL/ADULT SUPERVISION REQUIRED AND ACKNOWLEDGED
I acknowledge that Miranda Boatwright’s home contains items such as toys and animals in the
assigned swimming/waiting area I hereby acknowledge the child(ren) must use the toys,
observe the animals and use the items and any areas at his/her/their own risk; I agree to
monitor and protect the child(ren) at all times and I, the minor participant(s) any heirs, estate, successors and assigns, further hereby indemnify and hold harmless Miranda Boatwright, her spouse, heirs and assigns, Swim Safe Now LLC, its owners and
operators from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, brought as a result of any alleged injury sustained by the named child(ren).
ASSUMPTION OF RISK
I understand, agree, and acknowledge that there are risks inherent in swimming activities conducted by Swim Safe Now LLC and Certified Master Instructor, Miranda Boatwright, and that the minor participants could suffer an injury. With the full understanding of the facts, I state that
to the best of my knowledge, the minor participants listed have no medical, physical, or emotional health conditions, which would hinder or prevent his/her/their participation in Swim Safe Now LLC programs. My child(ren) has been examined by a certified physician within the last year and is physically fit to participate in survival swim lessons. He or she is free from any contagious disease. If any child listed below develops or has manifest a previously unknown
medical/physical or emotional health conditions during his/her/their participation in Swim Safe Now LLC Lessons, I, for myself, the minor participant(s) any heirs, estate, successors and assigns continue to hold harmless and indemnify and hold harmless Miranda Boatwright, her spouse, heirs and assigns, Swim Safe Now LLC, ts owners and
operators from any and all claims, actions, suits, procedures, costs,expenses, damages and
liabilities, including attorney’s fees, brought as a result of any alleged injury sustained by the named minor participants.
SEVERABILITY
I further agree and understand that this Waiver will extend to all claimed wrongful acts of the released parties to the greatest extent allowed under the laws of the State of Florida, including the negligence of any of the released parties. The Undersigned further expressly agrees that the
foregoing Waiver is intended to be as broad and inclusive as is permitted by the laws of Florida and that if any portion thereof is held by a court of competent jurisdiction to be invalid, the Undersigned agrees that such provision will be deemed deleted from this Waiver without invalidating the remaining provisions of this Waiver or affecting the validity or, enforceability of the remaining provisions.
I HAVE READ THESE RULES AND I ACCEPT AND AGREE TO FOLLOW THEM. I ALSO
ACKNOWLEDGE THAT THIS IS MY BINDING CONTRACT THAT WILL BE VALID FOR THE
ENTIRE DURATION OF LESSONS FOR AS MANY YEARS AS MY CHILD/CHILDREN IS/ARE
IN LESSONS. IT IS UNDERSTOOD AND AGREED THAT THIS IS FULL AND FINAL RELEASE AND WAIVER OF ALL CLAIMS OF EVERY NATURE AND KIND WHATSOEVER IN CONSIDERATION OF BEING ALLOWED TO VOLUNTARILY PARTICIPATE IN ANY ACTIVITIES AND/OR PROGRAMS TAKING PLACE ON THE PREMISES OF MIRANDA BOATWRIGHT’S HOME, IN THE CASE OF A GUEST, IN EXCHANGE FOR ENTRY ONTO
THE PREMISES AND/OR INTO THE PROGRAM.
I UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN SWIMMING ACTIVITIES CONDUCTED BY MERRITT ISLAND SWIM SCHOOL. WITH THE FULL UNDERSTANDING OF THE FACTS, I STATE THAT TO THE BEST OF MY
KNOWLEDGE, MY CHILD LISTED HAS NO MEDICAL, PHYSICAL, OR EMOTIONAL HEALTH
CONDITIONS, WHICH WOULD HINDER OR PREVENT HIS/HER PARTICIPATION IN
SWIM SAFE NOW PROGRAMS. MY CHILD HAS BEEN EXAMINED BY A CERTIFIED PHYSICIAN WITHIN THE LAST YEAR AND IS PHYSICALLY FIT TO
PARTICIPATE IN SWIM LESSONS. HE OR SHE IS FREE FROM ANY CONTAGIOUS
DISEASE.