The individual executing this Agreement, whether the participant identified below (under Participant’s Info) or the parent, guardian, or legal representative of a minor participant (under Parent, Guardian, Legal Representative Info), is referred to herein as the “Releasor.”
1. PROGRAM DESCRIPTION
Bright Star Swim Academy, LLC (“Bright Star,” “we,” “our,” or “us”) provides in-person swim assessments and swim instruction services (collectively, the “Program”) for children, teens, and adults. The Program includes:
This Agreement applies to all aspects of the Program, including the swim assessment, all swim lessons, and any other in-person interaction with Bright Star Swim Academy personnel in connection with the participant’s swim training.
2. ASSUMPTION OF RISK
The Releasor understands and acknowledges that participation in aquatic activities, including the swim assessment and swim instruction, involves inherent and serious risks that cannot be eliminated regardless of the precautions taken. These risks include, but are not limited to:
The Releasor voluntarily and knowingly assumes all such risks, whether foreseen or unforeseen, and whether arising from the negligence of Bright Star Swim Academy or any other cause.
3. EXPRESS RELEASE OF LIABILITY — INCLUDING NEGLIGENCE
THIS IS A RELEASE OF LIABILITY. BY SIGNING BELOW, THE RELEASOR IS EXPRESSLY WAIVING THE RIGHT TO BRING ANY LEGAL CLAIM AGAINST BRIGHT STAR SWIM ACADEMY OR ANY OF THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, OR LOSS ARISING FROM PARTICIPATION IN THE PROGRAM, EVEN IF CAUSED BY THE NEGLIGENCE OF BRIGHT STAR SWIM ACADEMY OR ITS OWNERS, EMPLOYEES, INSTRUCTORS, INDEPENDENT CONTRACTORS, OR AGENTS.
In consideration of being permitted to participate in the Program, the Releasor, on behalf of the Releasor, the participant (if the Releasor is signing on behalf of a minor), and their respective heirs, executors, administrators, personal representatives, and assigns, hereby releases, waives, discharges, and holds harmless Bright Star Swim Academy, LLC, its owners, members, officers, employees, instructors, independent contractors, agents, and affiliates (collectively, the “Released Parties”) from any and all claims, demands, causes of action, damages, losses, costs, and expenses of any kind, whether known or unknown, foreseen or unforeseen, arising out of or in connection with participation in the Program, including but not limited to:
4. COVENANT NOT TO SUE
The Releasor agrees and covenants not to initiate any lawsuit, legal proceeding, arbitration, or claim of any kind against any of the Released Parties arising out of or related to participation in the Program. If the Releasor breaches this covenant by bringing such a claim, the Releasor agrees to indemnify the Released Parties for all resulting costs, expenses, and reasonable attorneys’ fees incurred in defending against that claim.
5. INDEMNIFICATION
The Releasor agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, causes of action, damages, losses, costs, and expenses (including reasonable attorneys’ fees) brought by or on behalf of the Releasor, the participant, or any third party arising out of or related to: (a) participation in the Program; (b) the Releasor’s breach of any representation or obligation in this Agreement; or (c) the negligence or misconduct of the Releasor or the participant.
6. ACKNOWLEDGMENT OF PARTICIPANT ABILITY AND HEALTH REPRESENTATION
The Releasor represents and warrants that:
7. PARENT/GUARDIAN PRESENCE REQUIREMENT
If the participant is a minor (under 18 years of age), a parent or legal guardian must be physically present at the location of all swim assessments and swim lessons for the entire duration of each session. Bright Star Swim Academy reserves the right to refuse or immediately discontinue any session if a parent or guardian is not present as required.
8. SUPERVISION AND SAFETY
Bright Star Swim Academy provides trained instructors and follows established safety protocols. However, no level of supervision or instruction eliminates all risks inherent in aquatic activities. All participants and their parents or guardians are expected to:
Failure to follow instructions or safety guidelines may result in immediate discontinuation of the assessment or lesson session without refund.
9. MEDICAL AUTHORIZATION
In the event of a medical emergency during participation in the Program, the Releasor authorizes Bright Star Swim Academy and its personnel to seek emergency medical treatment for the participant as they deem necessary. The Releasor understands and agrees that the Releasor is solely responsible for all resulting medical costs and expenses, and that Bright Star Swim Academy bears no financial responsibility for any medical treatment obtained on the participant’s behalf.
10. GOVERNING LAW AND SEVERABILITY
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, unenforceable, or contrary to applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect. The invalidity of any one provision shall not affect the validity or enforceability of any other provision. Any dispute arising out of or relating to this agreement will be instituted exclusively in the state or federal courts of Marion County, Florida, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
11. ACKNOWLEDGMENT OF VOLUNTARY AND INFORMED EXECUTION
By signing below, the releasor acknowledges that: (a) the releasor has read this entire agreement carefully and fully understands its contents and legal effect; (b) the releasor understands that by signing this agreement the releasor is waiving important legal rights, including the right to sue Bright Star Swim Academy for negligence; (c) the releasor is signing this agreement freely and voluntarily, without duress or undue influence; (d) the releasor has had the opportunity to seek independent legal counsel before signing; and (e) this agreement is binding upon the releasor, the participant, and their respective heirs, executors, and legal representatives.
12. CONSENT FOR MINOR PARTICIPANTS AND LEGALLY REPRESENTED ADULTS
If the participant is under 18 years of age, this Agreement must be signed by a parent or legal guardian. By signing below, the parent or guardian represents that they have the legal authority to execute this Agreement on behalf of the minor, that they agree to all terms on the minor’s behalf, and that they consent to the minor’s participation in the Program.
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF BRIGHT STAR USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM BRIGHT STAR IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND BRIGHT STAR HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
If the participant is an adult (18 years of age or older) who lacks the legal capacity to execute this Agreement independently, including any individual subject to a guardianship, conservatorship, or similar legal arrangement, this Agreement must be executed by the participant’s court-appointed guardian or authorized legal representative. By signing below, the legal representative warrants that they have the legal authority to execute this Agreement on the participant’s behalf and to consent to the participant’s participation in the Program.
