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COVID-19 ASSUMPTION OF RISK AND WAIVER OF LIABILITY

The novel coronavirus, COVID-19 has been declared a worldwide pandemic by the World Health Organization. COVID-19 has been shown to spread easily from person-to-person and is considered extremely serious to the elderly and those with certain pre-existing medical conditions. As a result, federal, state and local governments and federal and state health agencies recommend social distancing and other safeguards to prevent the spread of the virus among the populace.

I understand that The Swimming Swan LLC has established numerous preventative measures to reduce the spread of COVID-19; however, they cannot guarantee that you or your child will not become infected with COVID-19. Further, admittance to the aquatics facility and/or any recreational swimming could increase my risk and my child(ren)’s risk of contracting COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected with COVID-19 by entering the aquatics facility and participating in any form of aquatic recreation while on the premises and that such exposure or infection may result in personal injury, serious illness, permanent disability, including death. I understand that the risk of becoming exposed or infected by COVID-19 at the aquatics facility may result from the actions, omissions, or negligence of myself and others, including but not limited to The Swimming Swan LLC employees, officers, agents, independent contractors, volunteers and/or other participants and their families.

I voluntarily agree to assume all of the forgoing risks and accept sole responsibility for any injury to my child(ren) or myself (including but not limited to, personal injury, disability and death), and to include any and all damages, loss, claims, liability or expenses of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at the aquatics facility.

On my behalf and on behalf of my children (and any child I am legal guardian of), I hereby release, covenant not to sue, discharge and hold harmless the contracted services at the facility swimming pool, The Swimming Swan LLC, its employees, officers, agents and volunteers; collectively “Released Parties” of and from any and all claims, including all liabilities, actions, damages, costs of expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of the The Swimming Swan LLC, including its officers, agents, independent contractors, employees, volunteers and representatives, whether a COVID-19 infection occurs before, during or after participation at the swimming facility.

I acknowledge and represent that I have carefully read and understand all terms of this Release and Waiver of Liability.

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