RELEASE, WAIVER, AND INDEMNITY AGREEMENT
IN CONSIDERATION OF MY PARTICIPATION IN THE ENDLESS™ POOLS DEMONSTRATION PROGRAM, I HEREBY FOREVER RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE DEMONSTRATION PROGRAM HOST OR WELLNESS MARKETING CORPORATION D/B/A ENDLESS POOLS AND ALL OF ENDLESS POOLS’ AFFILIATES, PARENT CORPORATIONS, SUBSIDIARIES, EMPLOYEES, AGENTS, INSURERS, REPRESENTATIVES, SUPPLIERS, DISTRIBUTORS, INDEMNITIES, OFFICERS AND DIRECTORS (hereafter “Endless Pools”), FROM ANY AND ALL LIABILITY TO THE UNDERSIGNED AND THE UNDERSIGNED’S PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, NEXT OF KIN AND INSURERS. THIS RELEASE, WAIVER AND INDEMNITY AGREEMENT (hereafter “Agreement”) APPLIES TO BOTH PRESENT AND FUTURE CLAIMS OF ANY KIND WHATSOEVER.
I acknowledge that swimming can be vigorous and involve cardiovascular exertion. I also understand that use of this demonstration pool can create certain risks, up to and including property damage, personal injury, and death. Nevertheless, I voluntarily use the demonstration pool with full knowledge of the danger involved and hereby agree to accept any and all risks associated with this use.
I understand and expressly agree that this Agreement is intended to be as broad and inclusive as permitted by law and that if any portion is held invalid, I agree that the balance shall, notwithstanding, continue in full legal force and effect.
I further agree to defend, indemnify, and hold harmless the demonstration program host and Endless Pools for any and all claims arising as a result of my use of the demonstration pool, wherever, whenever or however such claims may arise.
I understand that to participate in the Endless Pools Demonstration Program as a participant, my name and contact information must be shared with the demonstrator with whom Endless Pools matches me and that I will receive said demonstrator’s name, address, and contact information. By submitting this Agreement, I agree to: (1) having my name and contact information shared with the demonstrator for the sole purpose of participating in the Demonstration Program and (2) receiving and using the demonstrator’s name, address, and contact information for the sole purpose of participating in the Demonstration Program.
I agree that by participating in the Endless Pools Demonstration Program, any personal information I provide will be subject to Endless Pools’ privacy policy, which can be found at endlesspools.com/privacy.