Instaswim LLC

Release Of Liability Waiver

Participant Enrollment

I, the "releasee," Name Here acknowledge that I am enrolling myself, my child/children/family member(s) or other participants in the swim lesson program offered by InstaSwim LLC. I understand that participation involves inherent risks, including but not limited to drowning, injury, illness, infection (e.g., MRSA, influenza, COVID-19), slips and falls, equipment malfunction or failure, physical contact with other participants, weather-related hazards, and emotional distress. I am aware that these risks may result in serious consequences, such as permanent disability or even death. By enrolling in this program, I acknowledge my understanding of these potential risks and accept them on behalf of myself and any other participant(s) I am enrolling.

Waiver Agreement

I, the releasee, along with any parents or adults I am associated with who are participating in the InstaSwim swim lessons program, agree to hold harmless InstaSwim, its owners, instructors, agents, employees, successors, and assigns for any injuries, damages, or losses that may occur due to their participation, to the extent permitted by law. This agreement does not waive the rights of any child or minor to pursue legal action in the event of negligence or fault by InstaSwim or its associates.

Risk Acknowledgment

I acknowledge, agree, and understand that there are inherent risks associated with the sports activities/swimming lessons conducted by InstaSwim, including, but not limited to, severe injuries, brain damage, and even death. These activities could be hazardous in nature and/or may encompass activities such as swimming, diving, and various forms of strenuous exercise and physical activities. Fully comprehending the facts, I declare that, to the best of my knowledge, the students enrolled have no medical, physical, or emotional health conditions that would obstruct or hinder their participation in InstaSwim programs. I hereby willingly assume the risk of any injury to the registered students that could arise from their involvement in InstaSwim activities.

Pool Facility, Equipment and Behavior Control Disclaimer

InstaSwim is not responsible for inspecting or maintaining facilities used for swim lessons, as these may be owned or operated by third parties. InstaSwim also does not assume responsibility for providing or maintaining any equipment utilized during lessons. Clients are responsible for ensuring that facilities and equipment meet safety standards and are appropriate for the swim lessons.

Additionally, InstaSwim does not have control over the behavior of clients or instructors during swim lessons. Clients are expected to adhere to the rules and guidelines established by InstaSwim and to maintain a respectful and safe environment for all participants.

By registering scheduling a lesson with InstaSwim, I, the releasee, acknowledge and agree to these conditions and release InstaSwim from any liability for injury, death, or property damage suffered by me, my child/children/family member(s), or other registered students/participant’s that may arise from facility or equipment conditions, or client or instructor behavior.

Weather-Related Rescheduling Responsibility Clause

InstaSwim is dedicated to ensuring the safety of all participants and instructors during swim lessons. In the event of inclement or life-threatening weather conditions, such as thunderstorms, lightning, heavy rain, hail, extreme heat, or other hazardous situations, it is the responsibility of the releasee, parents, or guardians to reschedule the swim lessons in consultation with InstaSwim's swim instructors. InstaSwim's instructors will also provide input and guidance on rescheduling lessons to ensure the well-being of all involved. By enrolling in the swim lesson program, the releasee, parents, or guardians acknowledge and accept that lessons may be subject to rescheduling due to adverse weather conditions and agree to take the necessary steps to coordinate with InstaSwim's instructors to reschedule the lessons and follow any safety guidelines or instructions provided by InstaSwim in such situations. I agree that InstaSwim will not be held responsible if I, the releasee, parent, or guardian fail to follow this procedure, as InstaSwim is not responsible for informing their clients about bad weather.

Diving/Diving Board Prohibition

During InstaSwim swim lessons, diving and the use of diving boards is strictly prohibited to ensure the safety and well-being of all participants. This rule is in place to minimize the risk of head, neck, and spinal injuries that can result from diving into shallow, deep or unknown water depths. We kindly request that all participants, instructors, and guardians adhere to this rule and refrain from diving and diving board use during our swim lessons.

Responsibility Acceptance

I agree to accept full responsibility for any injury, illness, disability, or loss experienced by the participant(s) I register during attendance at the InstaSwim swim lesson program. I understand that this agreement does not waive a participant who is considered a child or minor’s rights to seek legal remedies, but I do release InstaSwim, its employees, agents, and representatives from all related claims, liabilities, actions, damages, costs, or expenses, to the extent permitted by law.

Supervision Requirement

We require at least 1 adult/parent or legal guardian to be present and maintain direct supervision during lessons to ensure the safety and well-being of the participant. Parents or guardians are required to be in the water for swimmers aged 1 year old and under, providing additional support and assistance as needed. InstaSwim is not responsible for any accidents or injuries that may occur due to the lack of appropriate supervision by the releasee, parent or guardian. By enrolling a child in our swim lesson program, the releasee, parents or guardians acknowledge their responsibility for the child's/participant’s safety and agree to follow all rules and guidelines set forth by InstaSwim to minimize risks during lessons.

Liability Release

I release InstaSwim, its owners, operators, instructors, and pool hosts from liability for any loss, damage, injury, or death that may be sustained by myself, my child/children/family member(s), or any registered student on the premises or under InstaSwim's control and supervision, except in cases where such loss, damage, injury, or death is caused by the negligence or fault of InstaSwim or its associates. This release does not waive the rights of any child or minor to pursue legal action in the event of negligence or fault by InstaSwim or its associates.

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a global pandemic by the World Health Organization. COVID-19 is highly contagious and is thought to spread primarily through person-to-person contact. Consequently, federal, state, and local governments, as well as federal and state health agencies, advocate social distancing and have, in numerous locations, forbidden gatherings of groups of people. InstaSwim has implemented preventative measures to mitigate the spread of COVID-19; nevertheless, InstaSwim cannot assure that you or your child(ren) will not contract COVID-19. Moreover, attending InstaSwim swimming lessons could heighten your risk and your child(ren)’s risk of contracting COVID-19.

By signing this agreement, I recognize the infectious nature of COVID-19 and willingly assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by participating in InstaSwim swimming lessons, and that such exposure or infection could result in personal injury, illness, permanent disability, or death. I comprehend that the risk of becoming exposed to or infected by COVID-19 at InstaSwim may arise from the actions, omissions, or negligence of myself and others, including, but not limited to, InstaSwim employees, contractors, and program participants and their families.

I voluntarily consent to assume all the aforementioned risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may encounter or incur in connection with my child(ren)’s participation in InstaSwim swim lessons. As the “Releasee”, parent or legal guardian, I hereby release, discharge, and hold harmless InstaSwim, its employees, agents, and representatives, of and from any claims that I may have, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto. I understand and agree that this release does not encompass any claims based on the actions, omissions, or negligence of InstaSwim, its employees, agents, and representatives that may impact my child(ren)'s legal rights.

Photo and Video Release

I understand that InstaSwim, their swim instructors or staff, may ask to take photos or videos during swim lessons for promotional & educational purposes. Only under my written or verbal consent will I grant InstaSwim, their swim instructors or staff, the right to take photos or videos of the swim lessons, use the participant's likeness in such material and publish or share these photos and videos on their social media pages, website, or other platforms. I am aware that I can decline or withdraw this consent at any time, and InstaSwim will honor my decision.

Safety Responsibility

I acknowledge that InstaSwim's private swim lesson program is not a substitute for supervision or safety measures, and I am responsible for ensuring proper supervision and safety measures for my child/children/family member(s) or participants I sign up in my registration form when swimming or participating in water activities.

Risk Acceptance

I, the releasee, understand the risks involved in this swim lesson program, my personal responsibilities for adhering to rules and regulations, and accept them as a participant in InstaSwim's swim lesson program.

Severability

If any provision or part of this liability waiver is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the other provisions or parts of this waiver. The remaining provisions or parts shall remain in full force and effect as if the invalid, illegal, or unenforceable provision or part was never included in this waiver. The parties agree to replace any invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that achieves, to the greatest extent possible, the original purpose and intent of the invalid, illegal, or unenforceable provision.

Electronic Signature

Release Of Liability Waiver is an electronic contract that governs your use of and access to the InstaSwim website and services. Upon agreeing to the Release Of Liability Waiver when completing the swim lessons registration form, you acknowledge that you understand and agree to be legally bound by the Release Of Liability Waiver and the terms, conditions, and notices contained or referenced herein. By inputting your electronic signature (Your name), this will hold the same legal force and effect as a handwritten signature.

Parent/Guardian/Releasee Name: Name Here [Printed Name]

Today's Date: 07/25/24

InstaSwim LLC

1550 Harbor BLVD #2617

Weehawken, NJ 07086

888-610-2656

support@instaswimusa.com