RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT In consideration of participating in Swim Team Clinics, and/or activities ancillary to the same (collectively the “Activity”), and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence or gross negligence Pyle Pools, Inc. and its owners, directors, principals, shareholders, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows: I acknowledge that the Activities involve known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, infection, illness, death, and property damage. Risks include, but are not limited to, musculoskeletal injuries, broken bones, and/or overuse injuries, injuries caused by equipment that breaks or otherwise fails, injuries from tripping, slipping, or falling; death as a result of drowning or brain damage caused by near drowning; medical conditions resulting from physical activity; and damaged clothing or other property. I also specifically acknowledge, without limiting any other acknowledgement herein, the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 while participating in the Activity and that such exposure or infection may result in any of the foregoing harm or a combination thereof. I understand that the risk of becoming exposed to or infected by COVID-19 due to my participation in the Activity may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the Releasees. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, infection, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my participation in the Activity. I understand the foregoing risks simply cannot be eliminated, despite adequate training, cleanliness, and the use of safety equipment, without jeopardizing the essential qualities and/or nature of the Activity. I expressly accept and assume all of the risks inherent in the Activity or that might have been caused by the negligence or gross negligence of the Releasees, including without limitation the risks stated above. My participation in the Activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that Activity conditions are unsafe or that I am unable to participate due to physical or medical conditions, including but not limited to testing positive for or having symptoms of COVID-19, then I will immediately discontinue participation in the Activity.I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in the Activity, or my use of their equipment or facilities, arising from negligence or gross negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorneys’ fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in the Activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in the Activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition. In the event that I file a lawsuit, I agree to do so solely in Indiana, and I further agree that the substantive law of Indiana shall apply. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By signing this document, I agree that if I am hurt, become ill, or my property is damaged during my participation in the Activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence or gross negligence.I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that the Activity might not be made available to me or that the cost to engage in the Activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms. PARENT OR GUARDIAN ADDITIONAL AGREEMENT (Must be completed for participants under the age of 18)In consideration of _________________________________ (PRINT minor’s name(s)) being permitted to participate in this Activity, I further agree to indemnify and hold harmless Releasees from any claims alleging negligence or gross negligence which are brought by or on behalf of minor or are in any way connected with such participation by such minor(s). *
