Release of Liability, Waiver of Claims, and Assumption of Risks

BY CLICKING THIS BOX, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION

PLEASE READ CAREFULLY!

In consideration of WATERMELLOW INC., a Canadian federal corporation (the "Corporation") permitting the individuals named below, being the student and parent or guardian (collectively, the "Participant") to participate in online swimming lessons (the “Activities”), and for other good and valuable consideration, the Participant agrees to all the terms and conditions set forth in this agreement (this "Agreement").

ASSUMPTION OF RISKS

THE PARTICIPANT IS AWARE AND UNDERSTANDS THAT THE ACTIVITIES ARE NOT WITHOUT RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY OR DEATH. THE PARTICIPANT ACKNOWLEDGES THAT THE PARTICIPANT AND HIS OR HER CHILD IS VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. THE PARTICIPANT FREELY ACCEPTS AND FULLY ASSUMES ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS INVOLVED, INCLUDING THE POSSIBILITY OF INJURY OR DEATH, WHETHER CAUSED BY THE NEGLIGENCE OF THE CORPORATION OR OTHERWISE.

The Participant hereby expressly waives and releases any and all claims which the Participant or his or her dependent has or may in the future have against the Corporation, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors, and assigns (collectively, "Releasees"), on account of injury or death arising out of or attributable to their participation in the Activities, due to any cause whatsoever, including without limitation the negligence of the Corporation or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under applicable legislation or otherwise. The Participant covenants not to make or bring any such claim against the Corporation or any other Releasee, and forever releases and discharges the Corporation and all other Releasees from liability under such claims.

THE PARTICIPANT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CORPORATION AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES, IN CONNECTION WITH ANY THIRD-PARTY CLAIM, SUIT, ACTION, OR PROCEEDING ARISING AS A RESULT OF THE PARTICIPANT’S NEGLIGENCE OR RECKLESS BEHAVIOUR WITH RESPECT TO THE ACTIVITIES.

This Agreement, together with the agreement to provide swimming lessons and instruction, constitutes the entire agreement of the Corporation and the Participant with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of the Participant and their heirs and next-of-kin, and the Corporation and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of (a) the Canadian province or territory in which the Participant resides or (b), if the Participant resides outside of Canada, the Canadian province or territory in which the swimming lesson instructor resides, and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of such applicable Canadian province or territory, and the Participant hereby consents to the exclusive jurisdiction of such courts.

THE PARTICIPANT ACKNOWLEDGES HAVING READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT THE PARTICIPANT IS VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON THE PARTICIPANT’S BEHALF AND ON BEHALF OF THEIR HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE CORPORATION AND THE RELEASEES. 

Student: [INSERT NAME OF STUDENT]

Parent or Guardian: [INSERT NAME OF THE PARENT OR GUARDIAN OF THE STUDENT]

I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Release of Liability and Waiver of Claims.