PARTICIPATION & RELEASE AGREEMENT

I, acting on behalf of myself, my family members, all other members of my household, all guests or persons employed by me accompanying the above persons, as well as in the capacity as the PARENT OR legal guardian of the children named below, (collectively the "Participants"), acknowledge, recognize, understand and agree that swimming is a hazardous activity. I recognize that there are risks inherent in the activity of swimming, including but not limited to, minor injuries, major injuries, paralyzing and catastrophic injuries, and death. I, individually and on behalf of each Participant, understand and voluntarily accept these risks. I also understand that swim lessons involve the physical touching of the student by the instructor, and I, individually and on behalf of each Participant, understand and voluntarily consent to such physical touch. Additionally, I, individually and on behalf of each Participant and any other person who may accompany any Participant to a Swim - On Deck location, consent to precautionary measures taken by the Swim - On Deck system as a whole or any particular facility at which any Swim - On Deck program is conducted, in striving to reduce potential exposure to injuries, contagions, or any other matters of public health concern or safety, acknowledging and understanding that the Swim - On Deck system and any such particular facility and its representatives, cannot guarantee that any precautionary measures taken by any of them will fully protect anyone from being exposed to, becoming susceptible to, and/or contracting any injury, contagion, or any other matter of public health concern. At the same time, I acknowledge and accept the responsibility I have to take all reasonable precautions for minimizing the risk of injuries, transmitting any contagion, or somehow exacerbating any matter of public health concern.

PLEASE READ CAREFULLY BEFORE ACCEPTING. THIS IS A RELEASE OF LIABILITY AND A WAIVER OF CERTAIN LEGAL RIGHTS. BY SIGNING BELOW, YOU ARE ACKNOWLEDGING AND ACCEPTING THE FOLLOWING:

Release/Waiver. I (including participants as defined above) hereby release and discharge Swim - On Deck, LLC and its owners, officers, directors, employees, agents, successors, legal representatives and assigns (collectively the "School") from all claims, demands, actions, judgments and executions of any kind, nature and description. This includes without limitation those arising with respect to or in any way related to any swimming programs or activities conducted by or associated with the School, its facilities and/or any facilities used by the School (the "Programs"), whether arising out of past, present, or subsequent events, whether known or unknown, without regard to the cause or causes thereof. The Participants agree to protect, defend, indemnify and hold harmless the School from and against any and all liability, loss, damage or expense, including reasonable attorney's fees, the School may suffer or incur as a result of any claims, demands, costs, litigation, injury to persons or property, death or judgment against the School of every kind and character by, for, through or on behalf of the Participants, without limit and without regard to the cause or causes thereof, EXCEPT FOR ACTIONS OR INACTIONS CAUSED BY GROSS NEGLIGENCE OR RECKLESS MISCONDUCT. I hereby represent and warrant that I have legal authority to act on behalf of the Participants and to legally bind the Participants to the terms of this Agreement. I have noted on the Medical Agreement any and all medical history or other information of which the School should be aware that would or could affect participation of any of the Participants in the Programs. The Participants hereby authorize the School to treat any Participants in any medical emergency arising during or incident to the Programs. I UNDERSTAND THAT THESE ACTIVITIES ARE FOR PURPOSES OF RECREATION ONLY. I ENTER INTO THESE ACTIVITIES IN A FULLY VOLUNTARY CAPACITY. If a provision of this Release is declared invalid or unenforceable by a court of competent jurisdiction then it shall be reduced in scope so as to provide the Released Parties with the maximum protection allowed by law and it shall not affect the validity or enforceability of any other provision.

ACKNOWLEDGEMENT

I have read the Swim - On Deck Policies and Guidelines section of the Swim - On Deck website that includes, but is not limited to, tuition schedule, classes, vacation and illness policies, makeup policies and other information and guidelines. I understand and agree to abide by the policies set forth therein.

AUTHORIZATION FOR EMERGENCY MEDICAL TREATMENT

In the event of a medical emergency involving any Participant, I hereby grant authorization to the Released Parties to seek treatment of any legally licensed physician or health care facility on behalf of such Participant, and to direct and/or order emergency medical treatment for such Participant. I agree to pay all costs associated with any medical treatment for any Participant, including any transportation and medical facility costs. Further, I acknowledge and agree that the Released Parties will not be liable under any circumstances to anyone for exercising the foregoing authority in the event of an emergency involving any Participant.

COMPREHENSIVE ACKNOWLEDGMENT

I HAVE CAREFULLY READ ALL OF THE ABOVE INFORMATION, ACCEPT AND ACKNOWLEDGE IT WITH FULL KNOWLEDGE OF ITS CONTENTS AND SIGNIFICANCE. BY CLICKING “ACCEPT” HERE, I UNDERSTAND THAT THE INFORMATION PRESENTED WILL GOVERN MY RELATIONSHIP AND EACH PARTICIPANT’S RELATIONSHIP WITH SWIM - ON DECK. MY ACCEPTANCE HERE SUPERSEDES ANY OTHER AGREEMENT, WRITTEN OR ORAL, THAT MAY HAVE BEEN PRESENTED TO ME WITH RESPECT TO MY RELATIONSHIP WITH ANY SWIM - ON DECK LOCATION.