In exchange for participation in the activity of swimming or other activities organized by Fain Pool, Inc. (“Fain Pool”), of 4745 Alamo Drive, Wichita Falls Texas, 76302 and/or use of the property, facilities and services of Fain Pool, I, agree for myself and (if applicable) for the members of my family, to the following:                      

1. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Fain Pool, or the employees, representatives or agents of Fain Pool.

2. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Fain Pool for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of Fain Pool, whether caused  by the fault of myself, my family, Fain Pool, or third parties.

3. I agree to indemnify and defend Fain Pool against all claims of action, damages, judgements, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of Fain Pool.

4. I agree to pay for all damages to the facilities of Fain Pool caused by my or my family’s negligent, reckless, or willful actions.

5. Any legal or equitable claim that may arise from participation in the above shall be resolved under Texas law.

6. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that Fain Pool has offered to refund any fees I have paid to use facilities if I choose not to sign this agreement and I and  (if applicable) my family members will be prohibited from using Fain Pool’s facilities.

8. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provisions, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.