Waiver

WAIVER AND RELEASE OF ALL CLAIMS

Please read this form carefully and be aware in registering yourself or your minor child(ren)/ward(s) for participation in the above program(s)—you will be waiving and releasing all claims for injuries or illnesses you or your minor child(ren)/ward(s) might sustain or contract arising out of your participation in the program(s) you have registered for or resulting from your or your minor child(ren)'s presence at the FMC Natatorium.

I recognize and acknowledge that there are certain risks of physical injury to or illness contracted by participants in the above program(s) and I agree to assume the full risk of any injuries, illnesses, damages or loss regardless of severity which I or my minor child(ren)/ward(s) may sustain as a result of participating in any and all activities connected with or associated with such program(s) or as a result of being present at the FMC Natatorium. I agree to waive and relinquish all claims my minor child(ren)/ ward(s), or I may have as a result of participating in the program against FMC Natatorium and its officers, agents, and employees.

FMC Natatorium does not carry accident or hospitalization insurance on any program participant. It is recommended that participants review their own personal insurance policy for adequate coverage during all program activities. I do hereby fully release and discharge the FMC Natatorium and FMC Aquatic Opportunities and their respective owners, directors, officers, agents, and employees from any and all claims from injuries, damage or loss which I or my minor child(ren)/ward(s) may have or which may accrue to me or my minor child(ren)/ward(s) and arising out of, connected with, or in any way associated with the activities of the program(s), (including transportation services and vehicle operations, when provided) or resulting from my or their presence at the FMC Natatorium.

I further agree to indemnify and hold harmless and defend the FMC Natatorium, FMC Aquatic Opportunities and their officers, agents,  and employees from any and all claims resulting from injuries, damages and losses sustained by me or my minor child(ren)/ward(s) arising out of, connected with, or in any way associated with the activities of the program(s) or my or their presence at the FMC Natatorium. In the event of any emergency, I authorize FMC Natatorium officials to secure from any licensed hospital, physician and/or medical personnel any treatment deemed necessary for me or my minor child(ren)'s/ward(s)'s immediate care and agree that I will be responsible for payment of any/all medical services rendered.

As a participant in a program or activity of FMC Natatorium (or as the parent or guardian of a participant), I hereby grant FMC Natatorium permission to  use my or my child(ren)'s/ward(s)'s image, video form, or voice in photographs, videotapes, internet website or other materials prepared or released by FMC Natatorium from time to time, for promotional, safety or instructional purposes. I understand that such materials will be used and shown in whole or in part as FMC Natatorium sees fit. By this permission and release, I hereby release and discharge FMC Natatorium, its officers, employees and agents from any and all claims or actions resulting from the use of such materials by FMC Natatorium.

When registering by online at the FMC Natatorium, it is mutually understood that the facsimile registration document (including the Waiver and Release of All Claims) shall substitute for and have the same legal effect as the original form.

I have read and fully understand the program details, Waiver and Release of All Claims and Permission to Secure Treatment.

IMPORTANT INFORMATION

FMC Natatorium is committed to conducting its recreation programs    and activities in a safe manner and holds the safety of participants in high regard. FMC Natatorium continually strives to reduce such risks and insists that all participants follow safety rules and instructions that are designed to protect the participants’ safety. However, participants and parents/guardians of minors registering for this program must recognize that there is an inherent risk of injury and illness when choosing to participate in recreational activities.

You are solely responsible for determining if you or your minor child is physically fit and/or adequately skilled for the activities contemplated by this agreement. It is always advisable, especially if the participant is pregnant, disabled in any way or recently suffered an illness, injury or impairment, to consult a physician before undertaking any physical activity.

WARNING OF RISK

Swimming is intended to challenge and engage the physical, mental and emotional resources of each participant. However, despite careful and proper preparation, instruction, medical advice, conditioning and equipment, there is still a risk of serious injury, including drowning. Understandably, not all hazards and dangers can be foreseen. The very nature of swimming is hazardous and risky, including but not limited to fatigue and overexertion, poor swimming skills, failing to avoid dangerous areas, horseplay, diving or cannon-balling into shallow water and striking the bottom or side of the pool, inadequate supervision or instruction, lack of conditioning, becoming disoriented, striking other swimmers, defective or inadequate equipment, striking one’s head on the bottom when using a diving block, slip and falls on the deck or within the locker facility, chemical exposure and all other circumstances inherent to the sport of swimming. In this regard, it must be recognized that it is impossible for FMC Natatorium to guarantee absolute safety. In addition, there is always the risk of contracting illness in any group setting including, without limitation, COVID-19 and other illnesses and diseases. 

WAIVER AND RELEASE OF ALL CLAIMS AND ASSUMPTION OF RISK

Please read this form carefully and be aware that in signing up and participating in this program/activity, you will be expressly assuming the risk and legal liability and waiving and releasing all claims for injuries, illnesses, damages or loss which you or your minor child might sustain as a result of participating in any and all activities connected with and associated with this program/activity (including transportation services and vehicle operations, when provided) or as a result of being present at the FMC Natatorium.

I recognize and acknowledge that there are certain risks of physical injury to participants in this program/activity, and risks of contracting illnesses at the FMC Natatorium, and I voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that my minor child(ren)/ward or I may sustain as a result of said participation. I further agree to waive and relinquish all claims I or my minor child(ren)/ ward may have (or accrue to me or my child/ward) as a result of participating in this program/activity against the FMC Natatorium and FMC Aquatic Opportunities, including their respective owners, directors, officers, employees, officials, agents, volunteers and employees.

I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims. If registering on-line or via fax, my on-line or facsimile signature shall substitute for and have the same legal effect as an original signature would have.