RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

In consideration of use my current and future use of facilities or participation in any activities provided within or as part of the Holland Community Aquatic Center(collectively hereinafter “Activities”), and for other good and valuable consideration, I hereby agree to release and discharge from liability, to the furthest extent permitted by law, any claim or cause of action against the Holland Community Aquatic Center and/or its owners, directors, officers, employees, independent contractors, agents, volunteers, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), arising from any acts or omissions of the Releasees or other guests of the facilities.  I make the agreements contained in this document on behalf of myself, my children, spouse, parents, heirs, assigns, personal representative and estate, and any other individuals that have accompanied me on my visit or visits to the facilities.

I also agree as follows on behalf of myself and for others for whom I am signing this Agreement:

  1. I hereby certify and represent that (i) I am in good health and in proper physical condition to participate in the Activities; and (ii) I have not been advised of any medical conditions that would impair my ability to safely participate in the Activities.  I agree that is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Activities.   If I am signing this document on behalf of anyone else, I am also certifying and representing the same is true in regard to the other individuals.
  2. I acknowledge that participating in Activities involves known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage.  Risks include, but are not limited to, slips, falls, drowning and physical or mental injuries including possible death.  I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
  3. I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by participation in Activities; and that such exposure or infection may result in personal injury, illness, permanent disability, and death to myself and others. I understand that the risk of becoming exposed to or infected by COVID-19 at the Holland Community Aquatic Center may result from the actions, omissions, or negligence of myself and others, including, but not limited to Released Parties, and other guests of its facilities.              
  4. I expressly accept and assume all of the risks inherent in the Activities or that might have been caused by the negligence, and other acts or omissions of the Releasees.  My participation in the Activities is purely voluntary and I elect to participate or be present despite the risks.  In addition, if at any time I believe that conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
  5. I agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with the Activities, including but not limited to any claims which are brought by or on behalf of minor or are in any way connected with such participation by a minor in the Activities.
  6. This release does not apply to claims for damages to the extent it is from conduct that was intended to cause harm.  Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
  7. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself.  I understand that the Activities might not be made available to me or that the cost to engage in the Activities would be greater if I were to choose not to sign this Agreement, and agree that the opportunity to participate at the cost I paid in return for the execution of this Agreement is a reasonable bargain.   
  8. I agree that if there is any claim that is not waived through this Agreement, it will be resolved through an arbitration matter to be conducted by the American Arbitration Association.  I agree that such claim must be brought within 12 months of any event creating the claim, and beyond that date any claim is forever waived.
  9. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

By signing this document, I agree that if I am injured or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.

I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing.   I have read and understood this document and I agree to be bound by its terms.   

I acknowledge that as to any minors that accompany me to the Holland Community Aquatic Center facilities, I am also signing this Agreement on their behalf.

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