Endless™ Pools

Demo Participant Waiver

Release, waiver, and indemnity agreement

This form must be completed and signed by each individual participant. Please enter the the information below. If participant is under the age of 18, a parent or legal guardian must complete the form and sign on their behalf.

Fields marked with a * are required

First Name*

Last Name*

Address*

Address 2

City*

State*

Zip Code*

Phone*

Email*

I HEREBY COVENANT NOT TO SUE AND RELEASE, WAIVE, AND DISCHARGE 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”) AND USA SWIMMING, INC., USA SWIMMING FOUNDATION, INC., USA SWIMMING LOCAL SWIMMING COMMITTEES, USA SWIMMING GROUP MEMBERS INCLUDING BUT NOT LIMITED TO MEMBER CLUBS, AND ANY USA SWIMMING INDIVIDUAL MEMBERS INCLUDING BUT NOT LIMITED TO MEMBER ATHLETES, COACHES, OFFICIALS, AND OTHER NON-ATHLETE MEMBERS; AND FOR ALL THOSE PREVIOUSLY LISTED AS APPLICABLE, THEIR CURRENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS, AFFILIATES, CONTRACTORS, PREDECESSORS, HEIRS, EXECUTORS, PARENTS/GUARDIANS, ADMINISTRATORS, SUCCESSORS, ASSIGNS, AND INSURERS (hereafter “USA Swimming,” and together with Endless Pools, the “Released Parties”), FROM ANY AND ALL LIABILITY TO THE UNDERSIGNED AND THE UNDERSIGNED’S PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, NEXT OF KIN AND INSURERS ARISING OUT OF OR RELATING TO THE UNDERSIGNED’S USE OF THE POOL, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS RELEASE, WAIVER AND INDEMNITY AGREEMENT (hereafter “Agreement”) APPLIES TO CLAIMS ARISING FROM SUCH USE, WHETHER KNOWN OR UNKNOWN, EXCEPT TO THE EXTENT RESULTING FROM A RELEASED PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR OTHER LIABILITY THAT CANNOT BE WAIVED UNDER APPLICABLE LAW.

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 the Released Parties for claims arising as a result of my use of the pool, wherever, whenever or however such claims may arise, except to the extent resulting from a Released Party’s gross negligence, willful misconduct, or other liability that cannot be disclaimed or indemnified under applicable law.

I ALSO GRANT TO THE RELEASED PARTIES AND THEIR LEGAL REPRESENTATIVES THE PERMANENT AND UNREVOCABLE RIGHT TO USE AND PUBLISH PHOTOGRAPHS, VIDEOS, FILMS OR OTHER ELECTRONIC MEDIA OF ME/THEM IN CONNECTION WITH USA SWIMMING’S AND ENDLESS POOLS’ PROGRAMS, WEBSITES, EVENTS, SOCIAL MEDIA CHANNELS, PUBLICATIONS, AND RELATED MARKETING MATERIALS, AND TO USE MY NAME IN CONNECTION THEREWITH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THESE PURPOSES INCLUDE (BUT ARE NOT LIMITED TO) BROCHURES, MATERIALS, ADVERTISEMENTS, VIDEO AND ELECTRONIC MEDIA. I HEREBY RELEASE THE RELEASED PARTIES AND THEIR LEGAL REPRESENTATIVES AND ASSIGNS FROM ALL CLAIMS, RIGHT TO ROYALTIES, COMPENSATION, OR LIABILITY RELATING TO SAID USE, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

I am at least 18 years of age and affirm that I/they have no medical conditions that prevent me/them from physical activity and cardiovascular exertion, particularly swimming, and I knowingly and freely assume full responsibility for my/their participation. I have read this Agreement and fully understand that by signing this document, I am giving up legal rights and/or remedies which may be available to me. I understand that this Agreement is a binding legal document.

In the last 24 hours, I/they have not had any of the following symptoms, which do not have an otherwise known and identified cause: fever (over 99.1 F or 37.3 C), cough, tiredness, difficulty breathing or shortness of breath, chills, muscle pain, nasal congestion, headache, sore throat, conjunctivitis, diarrhea, new loss of taste or smell, a rash on skin or discoloration of fingers or toes.

In the last 10 days, I/they have not been diagnosed with COVID-19.

In the last 14 days, I/they have not been in close contact with (including in my household) anyone who has been diagnosed with COVID-19, or been in close contact with (including in my household) anyone who has symptoms that could be related to COVID-19.

I am the parent/legal guardian of the minor named below and I sign on their behalf.

NOTE: If participant is under the age of 18, a parent or legal guardian must sign.

YOU MUST TAP THE BUTTON BELOW TO SUBMIT THIS WAIVER.

Endless™ Pools Demo Participant Waiver

Release, waiver, and indemnity agreement

This form must be completed and signed by each individual participant. Please enter the the information below. If participant is under the age of 18, a parent or legal guardian must complete the form and sign on their behalf.

Endless™ Pools

Demo Participant Waiver