Terms.

I, am the parent/legal guardian of (the “Participant(s)”). I hereby give full consent and permission for the Participant(s) to participate in the lessons provided by Swim Lessons Hawaii LLC and its related activities (hereafter referred to as “The Programs”).

For Participant(s) of Minority Age (under age of 18 at the time of registration)

This is to certify that I, as parent/guardian with legal rights and responsibility for this participant(s), have read and explained the provisions in this wavier/release to the minor including the risks of the activity and his/her responsibilities for adhering to the rules and regulation. I do consent and agree to his/her/ they release provided above for all the Releasees and agree to indemnify and ahold harmless the Releasees from any and all liabilities incident to the minor’s involvement of participation in The Program(s) as provided to the fullest extent permitted by law.

In consideration of participating in The Programs, the undersigned, parent(s), or legal guardian(s) of the Participant(s), hereby affirm(s) and agree(s) to the following terms and conditions set forth below:

I. Participation: Permission is granted for the Participant(s) to participate in the The Programs with the understanding that: (a) Participation is not required but is voluntary (b) The Participant(s) is(are) in good mental and physical health and has been examined and given permissions by a medical professional to participate in The Program(s). (c) The Participant(s) should be dressed in appropriate attire and ready to begin by the scheduled starting time. If the Participant(s) is not present within 1/4 of the scheduled time, the coach is under no obligation to start the lesson, and the lesson is considered void. No refund will be given. All lessons will end at the scheduled time regardless of the start time. (d) understand that any changes should email no less than 48 hours prior to the scheduled time. No refund and/or rescheduling will be honored beyond this time.

II. Risks: I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with The Programs. I understand and acknowledge that (a) certain risks are inherent in participating in all sports or sporting events, including The Programs, and that THOSE RISKS INCLUDE BUT ARE NOT LIMITED TO SCRATCHES, BRUISES, AND OTHER MINOR AND MAJOR INJURIES, INCLUDING THE POTENTIAL FOR DEATH; (b) these Risks and dangers may be caused by my own actions or inaction’s, the actions or inaction’s of others participating in The Programs, the condition in which The Programs take place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) there may be OTHER RISK AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in The Programs.

III. Release from Third-Party Liability: I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE SWIM LESSONS HAWAII, LLC, their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owner and lessors of premises on which The Programs takes place, (each considered one of the “RELEASEES” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT.

IV. Hold Harmless: If any person accompanying the registered student, including but not limited to, family members, friends, and acquaintances experience any personal injury while on the premises at any time including during scheduled lessons for a registered student, neither I nor that person shall be able to pursue any legal action against my coach, Swim Lessons Hawaii, LLC, the property owner, or the property manager. I also understand that the coach, Swim Lessons Hawaii, LLC, the property owner, and

V. The property manager is not responsible for any damages or loss to person or possession while on the premises. I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.

VI. Governing Law: This Agreement shall be governed by, and construed in accordance with, the law of the State of Hawaii.

Photograph, Video & Audio Release

I hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse educational settings within an unrestricted geographic area.

Photographic, audio or video recordings may be used for the following but not limited to purposes in below list:


• conference presentations

• educational presentations or courses

• informational presentations

• on-line educational courses

• education promotional videos

By signing this release I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet or in the public educational setting.

There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.

This release applies to photographic, audio or video recordings collected as part of the sessions listed on this document.

COVID - 19 INFORMED CONSENT TO PARTICIPATE

I understand that the novel Coronavirus (COVID-19) has been declared a global pandemic by the World Health Organization (WHO). I further understand that COVID-19 is extremely contagious and may be contracted from various sources. I understand COVID-19 has a long incubation period during which carriers of the virus may not show symptoms and still be contagious. 


I understand that I am the decision maker for my health. Given the current limitations of COVID-19 virus testing, I understand determining who is infected with COVID-19 is exceptionally difficult.

To proceed with The Program(s), I confirm and understand the following: Initial Below

I understand my participation may create circumstances, such as the discharge of respiratory droplets or person-to- person contact, in which COVID-19 can be transmitted.

I understand that I am opting for an elective activities that may not be urgent or necessary, and that I have the option to defer my activities to a later date. However, while I understand the potential risks associated with participating activities during the COVID-19 pandemic, I agree to proceed with my desired activities at this time. 

I understand due to the frequency of appointments participants, the attributes of the virus, and the characteristics of procedures, I may have an elevated risk of contracting COVID-19 simply by being in the facility and the presences of the coach. 

I confirm I am not experiencing any of the following symptoms of COVID-19 that are listed below: *Fever *Shortness of Breath *Dry Cough *Runny Nose *Sore Throat *Loss of Taste or Smell 

I am informed that you and your staff have implemented preventative measures intended to reduce the spread of COVID-19. However, given the nature of the virus, I understand there may be an inherent risk of becoming infected with COVID-19 by proceeding with The Programs. I hereby acknowledge and assume the risk of becoming infected with COVID-19 through The Programs and give my express permission to the coach and the staff at your offices to proceed with The Programs. 

I have read and understand the above contract in its entirety and agree to abide by the policies and procedures presented in this document, as well as those of the facility.

USMS Liability Waiver

For and in consideration of United States Masters Swimming, Inc. (“USMS”) allowing me, the undersigned, to participate in any USMS sanctioned or approved activity, including swimming camps, clinics, and exhibitions; learn-to-swim programs; swimming tryouts; fitness and training programs (including dryland training); swim practices and workouts (for both pool and open water); pool meets; open water competitions; local, regional, and national competitions and championships (both pool and open water); and related activities (“Event” or “Events”); I, for myself, and on behalf of my spouse, children, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors, and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”);

I hereby certify and represent that (i) I am in good health and in proper physical condition to participate in the Events; and (ii) I have not been advised of any medical conditions that would impair my ability to safely participate in the Events. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Events.

I acknowledge the inherent risks associated with the sport of swimming. I understand that my participation involves risks and dangers, which include, without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and death (from drowning or other causes); loss of or damage to personal property and equipment; exposure to extreme conditions and circumstances; accidents involving other participants, event staff, volunteers or spectators; contact or collision with natural or manmade objects; dangers arising from adverse weather conditions; imperfect water conditions; water and surface hazards; facility issues; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Events, or the negligent acts or omissions of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses that I incur as a result of my participation in any Events.

I agree to be familiar with and to abide by the Rules and Regulations established by USMS, including any safety regulations. I accept sole responsibility for my own conduct and actions while participating in the Events.

I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19, or other viral or bacterial infection, while participating in any of the Events, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I agree that if I have a fever, cough, feel short of breath, have any other symptoms, have knowingly been exposed to a communicable disease such as COVID-19 I agree not to participate in USMS activities for a minimum of 10 days from the date the symptoms started, until the symptoms have subsided or I have been cleared by a doctor. If I test positive for COVID-19 within 10 days following participation in a USMS activity, I will notify the USMS event director, coach or club administrator immediately.

I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: USMS, its members, clubs, workout groups, event hosts, employees, and volunteers (including, but not limited to, event directors, coaches, officials, judges, timers, safety marshals, lifeguards, and support boat owners and operators); the USMS Swimming Saves Lives Foundation; USMS Local Masters Swimming Committees (LMSCs); the Event organizers and promoters, sponsors and advertisers; pool facility, lake and property owners or operators hosting the Events; law enforcement agencies and other public entities providing support for the Events; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees, and volunteers (individually and collectively, the “Released Parties”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys’ fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Events, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties.

I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim.

I hereby warrant that I am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my spouse, children, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors, and assigns), acknowledge that I have signed this Agreement without any inducement, assurance, or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements, or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Effective as of July 27, 2023