Thank you for inviting Giddy Swimmers LLC (the “Company”) to provide you and/or your family members/guests
with swimming lessons. The purpose of this document is to disclose the risks associated with swimming and secure
a release from liability for this activity. As you know, there are risks with swimming. Accordingly, I, the
undersigned, on behalf of myself and my immediate family members and any other guests I bring to the swimming
pool (the “Property”) (collectively the “Releasing Parties”) agree as follows:
I acknowledge that certain activities such as swimming are inherently dangerous and involve a significant risk of
injury or even death that no amount of care, caution, instruction, or expertise can eliminate. Based on my
independent evaluation of the risks associated with any activity I and the Releasing Parties EXPRESSLY AND
VOLUNTARILY ASSUME ALL RISKS of injury or death that may result to me and/or any of the Releasing
Parties.
I, individually and on behalf of the Releasing Parties, agree to forever WAIVE, RELEASE, DISCHARGE, and
PROMISE NOT TO SUE the Company and its swim instructors, employees, contractors, and owners (collectively,
the “Released Parties”) from liability and from any and all claims and demands, including the Released Parties’ or
any other person’s or entity’s negligence resulting in personal injury (including death), accidents or illness, and/or
property loss, in connection with the swimming lessons provided by the Company to any of the Releasing Parties;
as well as the inherent or non-inherent risks associated with the swimming lessons and/or the obvious defects on the
Property or the equipment or tools used in connection with the swimming lessons.
I, individually and on behalf of the Releasing Parties, also hereby unconditionally and irrevocably RELEASE the
Released Parties from any and all liability, claims, demands, causes of action, or suits of any type, whether known
or unknown, which we may have against the Released Parties arising out of my and/or the Releasing Parties
swimming lessons and/or other activities on the Property while the Company is giving you/the Releasing Parties
swimming lessons. I further agree the claims released pursuant to this Agreement extend to all claims of every
nature, known or unknown, and that any and all rights granted to us under Section 1542 of the California Civil
Code are hereby waived. Section 1542 reads as follows:
A general release does not extend to claims that the creditor or releasing party does
not know of or suspect to exist in his or her favor at the time of executing the release
and that, if known by him or her, would have materially affected his or her settlement
with the debtor or released party.
We further agree to INDEMNIFY AND HOLD HARMLESS the Released Parties from any and all claims, actions,
suits, procedures, costs, expenses, damages, and liabilities that may result from any reason arising out of our taking
of the swimming lessons and to reimburse the Released Parties for any such expenses incurred.
We acknowledge that this agreement is intended to be as broad and inclusive as permitted by law, and that if any
portion is held invalid the remaining portions that are valid will continue to have full legal force and effect. We
agree that should any dispute arise, we will first try to mediate it and if we cannot, then we will arbitrate it through
Judicate West in San Diego.
We further acknowledge that each time the Company gives me and/or any of the Releasing Parties a swimming
lesson, we reaffirm this agreement, consent to its terms, and agree to be bound by it. In other words, signing this
Release once applies to all swimming lessons the Company gives me and/or the Releasing Parties.
I HAVE READ THE FOREGOING WAIVER OF LIABILITY AND RELEASE AGREEMENT. I understand its
terms and understand that I am assuming all risks for any injuries sustained, giving up substantial rights, including
my and the Releasing Parties right to potentially sue, and agreeing to accept financial responsibility for any losses I
and/or they might incur. I confirm that I am signing the agreement freely and voluntarily, and that I intend my
signature to be a complete and unconditional release of all liability to the greatest extent allowed by law by me and
on behalf of the Releasing Parties.