2026-27 NEW NON-MEMBER Winter Lap Swim Registration

AQUA CLUB, INC. LESSON AND ACTIVITY RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT

Aqua Club, Inc. (“Aqua Club”) offers swim team and lessons, tennis team and lessons, diving lessons, aqua aerobics, pickleball, and other recreational, educational, competitive, and social programs for members and non-members of all ages, skill levels, and interests. Swimming, tennis, diving, aqua aerobics, pickleball, and other programs offered by Aqua Club are, by their nature, physical activities carrying inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary by activity, but the risks range from minor injuries such as scratches, bruises, sprains, and broken bones to catastrophic injuries resulting in permanent disability, paralysis, and death.

In consideration of being permitted to access and use Aqua Club and its property, facilities, equipment, and services and to attend or participate in swim team or lessons, tennis team or lessons, diving lessons, aqua aerobics, pickleball, or any other recreational, educational, competitive, and social program or activity at Aqua Club, I agree, for myself and for my family (including any minor children of which I am a parent or guardian), heirs, personal representatives, and assigns, as follows:

1. ASSUMPTION OF RISK. I acknowledge, understand, and appreciate the inherent hazards and risks in participating in swim team and lessons, tennis team and lessons, diving lessons, aqua aerobics, pickleball, and other recreational, educational, competitive, and social programs offered by Aqua Club. Being fully informed of these risks, I acknowledge that my participation in any such activity or program is entirely voluntary and knowingly assume and accept the risk and sole responsibility for all injuries, disability, death, damage, loss, liability, property damage, cost, or expense of any kind or nature arising out of, related to, or in connection with the access or use of Aqua Club and its property, facilities, equipment, and services, and the attendance or participation in any recreational, educational, competitive, social activity or program at Aqua Club (the “Claims”) that my family, my guests, or I may incur or suffer.

2. WAIVER AND RELEASE OF LIABILITY; COVENANT NOT TO SUE. I unconditionally, irrevocably, and forever waive, release, discharge, and covenant not to sue Aqua Club, its directors, officers, managers, employees, contractors, representatives, members, and agents of and from any Claims (as defined above) that my family, my guests, or I may incur or suffer. I understand and agree that this waiver and release of liability and covenant not to sue is intended to be interpreted and construed to the fullest extent allowed by law and includes, but is not limited to, any Claims based, in whole or in part, on the acts, omissions, negligence, or gross negligence of Aqua Club and its directors, officers, managers, employees, contractors, representatives, members, and agents.

3. INDEMNIFICATION AND HOLD HARMLESS. I agree to indemnify, hold harmless, and defend Aqua Club from any and all Claims (as defined above), actions, suits, and liabilities, including attorney’s fees and costs, arising out of, related to, or in connection with the access or use of Aqua Club and its property, facilities, equipment, and services, and the attendance or participation in any recreational, educational, competitive, social activity or program at Aqua Club by my family (including any minor children of which I am a parent or guardian), my guests, or me.

4. EMERGENCY MEDICAL CARE. I authorize the provision of emergency medical care to myself or my family (including any minor children of which I am a parent or guardian) if needed during the use of Aqua Club and its property, facilities, equipment, and services, or the attendance or participation in any recreational, educational, competitive, social activity or program at Aqua Club when efforts to contact a parent or emergency contact are unsuccessful, and I agree to be solely financially responsible for all fees, costs, and expenses related to such medical care.

5. RULES AND REGULATIONS. I agree that I, my family (including any minor children of which I am a parent or guardian), and my guests will fully comply with Aqua Club’s rules and regulations and with all signage posted at Aqua Club.

6. ACKNOWLEDGEMENT OF UNDERSTANDING. I have read this Lesson and Activity Release of Liability and Assumption of Risk Agreement, fully understand its terms, and understand that I am giving up substantial and valuable rights, including the right to sue Aqua Club or its directors, officers, managers, employees, contractors, representatives, members, and agents. Nonetheless, I agree to the terms of this Agreement, acknowledge that I am signing this Agreement freely and voluntarily, and intend my signature to be an unconditional assumption of risk and release of liability to the fullest extent allowed by law. I understand and agree that this Agreement shall be binding on me, my family (including any minor children of which I am the parent or guardian), and my heirs, personal representatives, and assigns.