ASSUMPTION OF RISK, RELEASE, AND WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT
As a patron of or athlete affiliated with Worthington Pools, hereby certifies, covenants and agrees with the following:
I ACKNOWLEDGE that there are a variety of RISKS AND DANGERS inherent in recreational activities and facilities, including but not limited to: sports-related injuries; collisions with stationary objects; falls; risks associated with water-related activities (including drowning); adverse environmental conditions or any other conditions which may cause heatstroke, heat exhaustion, hypothermia or other illness or injury; physical contact between participants; injuries related to overexertion; slippery floors; risk of illness or death related to COVID-19 arising from my being on the premises or from using the facility and participating in programs. In exchange for being permitted to participate, I voluntarily agree to assume all of these and other risks inherent in participating in such recreational activities and facilities. I acknowledge that I (or my legal dependents) have/has no physical limitations or disabilities of any kind which would restrict me or them from participating.
I UNDERSTAND and ACKNOWLEDGE that the novel coronavirus (“COVID-19”) has been declared a worldwide pandemic by the World Health Organization. COVID-19 is an extremely contagious respiratory disease that can result in serious illness or death. The virus is believed to spread primarily between individuals who are in close contact with each other (within six feet) and it may be possible that individuals can get COVID-19 by touching a surface or object that has the virus on it and then touching their own mouth, nose or eyes or by breathing contaminated indoor air. Federal, state and local governments, as well as federal, state and local health agencies, have issued various stay-at-home orders and other rules, regulations and guidelines with respect to social distancing and restrictions or limitations on the congregation of groups of people and the reopening of businesses. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that accordingly, the rules, regulations and guidelines are regularly modified, and I accept full responsibility for familiarizing myself with the most recent updates.
I UNDERSTAND and ACKNOWLEDGE that Worthington Pools has put in place preventative measures to reduce the spread of COVID-19 and I expressly agree to abide by any rules and regulations implemented by Worthington Pools to carry out those measures; however, I understand that Worthington Pools cannot guarantee that I will not be exposed to or contract COVID-19. By utilizing the services, programs, equipment, facilities and premises of Worthington Pools, I knowingly and of my own free will assume the risk of being exposed to or contracting COVID-19 and I understand that I could be increasing my risk of exposure to or contracting COVID-19, which I am fully aware could result in personal injury, illness, permanent disability or death. I voluntarily accept sole responsibility for any injury or damage to myself or my legal dependents including without limitation personal injury, illness, permanent disability or death arising out of or relating to the above described uses of the Worthington Pool and facilities.
KNOWING AND VOLUNTARY EXECUTION: Despite these dangers, and in consideration of the Worthington Pools accepting my registration, I for myself and/or the participant, all heirs, executors, administrators and assigns, AGREE TO DEFEND, INDEMNIFY, HOLD HARMLESS, AND RELEASE Worthington Pools and SwimInc., Inc, its officers, employees, volunteers, members, agents, contractors, attorneys, directors, and insurers from ALL CLAIMS FOR LIABILITY OR LEGAL RESPONSIBILITY FOR ANY DAMAGE OR ECONOMIC LOSS, which may arise from participation in and/or use of the Worthington Pools.