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Terms and conditions for College Swimmer - Summer Team Membership

WAIVER AND RELEASE OF LIABILITY


PLEASE READ CAREFULLY BEFORE ACCEPTING. THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS.


In consideration for using this facility and participating in any class, program, or event operated by Liquid Sports USA, LLC dba Trident Aquatics Club (hereafter, “Trident Aquatics Club”), you agree to the following. The use of any facilities, services, equipment or premises owned or used Trident Aquatics Club (collectively, the "Facilities"), and your participation in or visit to a Trident Aquatics Club program, involve the risk of injury to you and your child, whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as causes by, for example, a weightlifting accident and overexertion, including catastrophic injuries such as drowning and death. You understand and appreciate the inherent risks that arise from the nature of the aquatics, strength and conditioning, and education programs operated by Trident Aquatics Club. You understand and voluntarily accept these risks and agree that Trident Aquatics Club, the owners and operators of the Facilities, the entities listed below, and such parties' respective officers, directors, employees, volunteers, property owners, managers, agents and independent contractors will not be liable for any injury (including, without limitation, personal bodily or mental injury), economic loss or any other damage (collectively, "Losses") to you, your spouse, child, guests, unborn child(ren), or relatives, whether caused by the active or passive negligence of the owner, operators, employees or otherwise or by anyone at or using the Facilities, and that the owner, operators, employees may not be held liable for Losses resulting from defective products. If there is any claim by anyone for any losses that involves you or your guest, you agree to 1) defend the owner, operators, or employees against such claim and 2) indemnify the owner, operator, or employees with respect to any losses arising from such claim to the fullest extent under applicable law. In addition to the terms above, you represent that you and your child are in good physical condition and that there is no medical condition or impairment that might prevent you or your child from participating in swim instruction or using the Facilities. You further acknowledge that the owner, operators or employees or representatives have not given you or your child medical advice related to your physical condition and ability to participate. If you have any health or medical concerns now or later, discuss them with your doctor.


I acknowledge that I am aware that there are risks to me/minor of exposure to directly or indirectly arising out of, contributed to, by, or resulting from:


An outbreak of any and all communicable disease, including but not limited to,

the virus “severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)”,

which is responsible for Coronavirus Disease (COVID-19) and/or any mutation or

variation thereof;


The undersigned hereby expressly agrees that this release and waiver is intended to be as broad and inclusive as permitted by the laws of the State of Oklahoma and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.



CONSENT FOR EMERGENCY MEDICAL TREATMENT


In the event of a medical emergency, the undersigned Participant or Parent/Guardian of the Participant(s) listed below, hereby grants authorization to Trident Aquatics Club, its management, directors and agents, employees, and owner/operators, to employ any legally licensed physician or health care facility on behalf of the participant, and to direct and/or order emergency medical treatment for the participants. Such treatment may include, but not be limited to, first aid, CPR, AED, emergency transport and the sharing of relevant medical information. The undersigned agrees to assume all costs of the care and transportation related to medical treatment. Each of the undersigned also agrees that neither Trident Aquatics Club, its owner/operators, employees or contractors, nor any of their respective representatives, shall be liable under any circumstances to anyone for exercising the foregoing authority in the event of an emergency.


PROMOTIONAL MATERIAL


From time to time, our staff at Trident Aquatics Club will take and utilize photography for class graduation celebrations, marketing purposes, and to share our activities on social media, our website, etc. I grant to Trident Aquatics Club, its representatives and employees the right to take videos of me, parties to which I am legal guardian, and my property in connection with the above identified subject. I authorize Trident Aquatics Club, its assigns and transferees to copyright, use and publish the same in print and/or electronically in perpetuity regardless of media/channel. I agree that Trident Aquatics Club may use such video of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, social media and web content. Participant or Parent/Guardian of the Participant(s) understands that photos and video are occasionally taken at the Trident Aquatics Club for promotional and marketing purposes. Participant or Parent/Guardian of the Participant(s) agrees that likeness or comments or comments of any member of my family or guests may be used by Trident Aquatics Club’s promotional and marketing materials in any form.


I HAVE CAREFULLY READ ALL OF THE ABOVE INFORMATION. I ACCEPT AND ACKNOWLEDGE IT WITH FULL KNOWLEDGE OF ITS CONTENTS AND SIGNIFICANCE. I UNDERSTAND THAT THE INFORMATION HEREIN WILL GOVERN MY RELATIONSHIP AND THE RELATIONSHIP OF ANY PARTICIPANTS WITH LIQUID SPORTS USA, LLC dba TRIDENT AQUATICS CLUB. I HAVE HAD THE OPPORTUNITY TO ASK ANY QUESTIONS ABOUT THIS WAIVER AND RELEASE OF LIABILITY, MY ACCEPTANCE HERE SUPERSEDES ANY OTHER AGREEMENT, WRITTEN OR ORAL, THAT MAY HAVE BEEN PRESENTED TO ME WITH RESPECT TO MY RELATIONSHIP WITH LIQUID SPORTS USA, LLC dba TRIDENT AQUATICS CLUB. FURTHERMORE, I AGREE TO FOLLOW ALL SAFETY RULES AT THE FACILITY AND AGREE THAT I MAY HAVE MY PARTICIPATION TERMINATED IF MY ACTIONS ARE DEEMED UNSAFE TO MYSELF, OTHER PARTICIPANTS, INSTRUCTORS, OWNERS AND OPERATORS.


The “Additional Entities” included above include, but are not limited to the following: Trident Development, LLC.


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