In consideration for receiving permission to BE ON PREMISES at WEDGEWOOD SWIM CLUB as a GUEST (hereinafter the “Activity or Activities”), I, on behalf of myself and any minor child/children, hereby acknowledge and agree to the following:
1. I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) and State of New Jersey guidelines regarding COVID-19. I acknowledge and understand that that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC and State guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates.
2. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in Activities.
3. I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being on the premises and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and my minor children) WEDGEWOOD SWIM CLUB, their owners, officers, directors, agents, employees and assigns (the “RELEASEES”) from any liability related to COVID-19 which might occur as a result my being on the premises and participating in the Activities.
4. I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury.
5. The GUEST(s) understand that swimming and diving and other activities at Wedgewood Swim Club are a HAZARDOUS activity and that there are risks inherent in swimming and diving, in particular.
6. The GUEST(s) hereby agrees to discharge and releases from liability for any and all injury or losses that may occur to the GUEST(s) Wedgewood Swim Club and its officers, managers, agents, volunteers, employees and/or representatives, and members. The GUEST(s) also agrees to defend, indemnify and hold harmless Wedgewood Swim Club and its officers, managers, agents, volunteers, and employees for any claims, actions and suits, from and against any and all liabilities, judgments, losses, damages, costs, charges, reasonable attorneys fees, and other expenses of every nature and character incurred or arising from any claims, losses, demands, or cause of action involving participant, including negligence, omissions, or breaches of Wedgewood Swim Club or its officers, managers, agents, volunteers, employees and/or representatives.
7. The GUEST(s) hereby authorize any representative of Wedgewood Swim Club to aid in or coordinate the medical and/or emergency treatment of participant in the event of a medical emergency. Further, the GUEST(s) agrees to pay all costs associated with any and all medical care or treatment as well as transportation associated with same. Further, the GUEST(s) and/or his or her parent/guardian know of no physical impairment that would affect the GUEST(s) activity at Wedgewood Swim Club.
8. It is my express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of New Jersey. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT THE PERMISSION GRANTED BY RELEASEES TO BE ON PREMISES AND PARTICIPATE IN THE ACTIVITIES.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waivers of Liability and Hold Harmless Agreement, understand them and sign voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same on my and my minor children's behalf.