I HEREBY FOREVER RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE WELLNESS MARKETING CORPORATION D/B/A ENDLESS POOLS AND ALL OF ENDLESS POOLS’ AFFILIATES, PARENT CORPORATIONS, SUBSIDIARIES, EMPLOYEES, AGENTS, INSURERS, REPRESENTATIVES, SUPPLIERS, DISTRIBUTORS, INDEMNITEES, 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 and use of the Endless Pool can be vigorous and involve cardiovascular exertion. I also understand that use of this pool can create certain risks, up to and including property damage, personal injury and death. Nevertheless, I voluntarily use the 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 Endless Pools for any and all claims arising as a result of my use of the pool, wherever, whenever or however such claims may arise.
I ALSO GRANT TO ENDLESS POOLS AND ITS LEGAL REPRESENTATIVES THE IRREVOCABLE AND UNRESTRICTED RIGHT TO USE AND PUBLISH PHOTOGRAPHS, VIDEOS, FILMS OR OTHER ELECTRONIC MEDIA OF ME/THEM FOR USE IN ANY MEDIUM AND FOR ANY PURPOSE AND TO USE MY NAME IN CONNECTION THEREWITH. THESE PURPOSES INCLUDE (BUT ARE NOT LIMITED TO) BROCHURES, MATERIALS, ADVERTISEMENTS, VIDEO AND ELECTRONIC MEDIA. I HEREBY RELEASE ENDLESS POOLS AND ITS LEGAL REPRESENTATIVES AND ASSIGNS FROM ALL CLAIMS, RIGHT TO ROYALTIES, COMPENSATION, OR LIABILITY RELATING TO SAID USE.