Due to the outbreak of COVID-19, Big Blue Swim School is taking precautions with the care of staff, swimmers and parents to include health history review and enhanced sanitation/disinfection procedures in accordance with the various applicable State, Federal, and local guidance. While Big Blue Swim School and its operating partners have put in place preventative measures to reduce the spread of COVID-19, Big Blue Swim School cannot guarantee that you or your child(ren) will not become infected with COVID-19 in connection with attending or use of Big Blue Swim School activities or services. Further, attending Big Blue Swim School could increase your risk and your child(ren)’s risk of contracting COVID-19. If you or a family member are considered high risk, please be aware that you should follow such additional guidelines related to maintaining your safety as you or healthcare, and governmental agencies deem necessary.
Agreements and Acknowledgments:
- I understand the above symptoms and affirm that I, as well as all household members, do not currently have, nor have experienced the symptoms including a fever or chills, shortness of breath, a cough or nausea and vomiting WITHIN THE LAST 21 DAYS.
- I affirm that I, as well as all household members, have not been diagnosed with COVID-19 WITHIN THE PAST 30 DAYS.
- I affirm that I, as well as all household members, have not knowingly been exposed to anyone diagnosed with COVID-19 WITHIN THE PAST 30 DAYS.
- I affirm that I, as well as all household members, have not travelled outside of the country, or to any city considered to be a "hot spot" for COVID-19 infections WITHIN THE PAST 30 DAYS.
- I understand that Big Blue Swim School cannot be held liable for any exposure to the COVID-19 virus, whether caused by misinformation on this form, the health history provided by each client, or otherwise.
I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19
Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to be on premises and to utilize the Services or Facilities at Big Blue Swim School.
I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from me or my child(ren) being on the premises and utilizing the Services or Modalities and with full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue (on behalf of myself and any minor child(ren) form whom I have the capacity contract) Big Blue Swim School, any and all of their affiliates, and each of their owners, officers, board members, agents, independent contractors, directors, employees, successors, and assigns (collectively, the “RELEASEES”) from any liability related to COVID-19 which might occur as a result or in connection with me or my child(ren) being on the Big Blue Swim School premises, utilizing the Services or Modalities, or engaging in any Big Blue Swim School related activities.
I shall indemnify, defend, and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses, costs, or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, at all forms of appeal, and otherwise), arising either directly or indirectly from or related to any and all claims made against any of the RELEASEES whether relating to bodily injury, death, loss of use, monetary loss, or any other damages or injury from or related to the Services or Modalities, any activities, or the use of the Big Blue Swim School premises, facilities, equipment, or materials, whether caused by the negligence of the RELEASEES or otherwise, and specifically related, but not limited to, COVID-19, and any other illness or injury and from any liability related to COVID-19 which might occur as a result or in connection with me or my child(ren) being on the premises, utilizing the Services or Modalities, or engaging in any Big Blue Swim School related activities.
It is my express intent that this COVID-19 Waiver of Liability and Indemnification Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Illinois and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the COVID- 19 Waiver of Liability and Indemnification Agreement as a whole. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL CONDITION AND INDUCEMENT TO THE PERMISSION GRANTED BY RELEASEES TO BE ON PREMISES, USE THE SERVICES OR MODALITIES, AND PARTICIPATE IN THE ACTIVITIES.