By joining, Member acknowledges that entry into this Member Release and Indemnification (“Release”) is in exchange for the value and benefit of services received through membership in United States Swim School Association (“USSSA”), and confirms understanding and agreement with the following:
Awareness and Assumption of Risk
Member understands there are risks associated with operating a Swim School (as defined in USSSA’s Bylaws, as amended) and knowingly, freely, and voluntarily assumes and accepts the risks of all injury, death, property damage or loss, financial obligation, loss of privacy, loss of reputation, and all other injuries and other consequences, whether known or unknown, whether foreseen or unforeseeable, and whether incurred at Member’s facilities or elsewhere, that may result, directly or indirectly, from Member’s membership in USSSA, regardless of the cause.
Waiver, Indemnification and Release of Claims
Member waives and hereby indemnifies, releases holds harmless and forever discharges USSSA and its directors, officers, agents, employees, volunteers, successors, assigns and affiliates (collectively, “USSSA Parties”) from any and all liability, lawsuits, causes of action, damages, claims, demands, debts, contracts, costs, and expenses of any kind and of whatever nature which Member or its directors, officers, agents, employees, volunteers, affiliates, and participants (collectively, “Member Parties”) may have or which may later accrue, caused by or arising directly or indirectly from Member’s membership in USSSA. This waiver, indemnification and release includes, in each such case, all claims in respect of the risks noted above, known and unknown, foreseen and unforeseeable, regardless of the cause or whether such claims arise from tort, contract, or otherwise, and even if caused by negligence, whether passive or active. Member will not sue any of the USSSA Parties on the basis of these waived and released claims.
Authority
Member is a validly existing business in good standing under the laws of its state of formation and has the requisite power and authority to carry on its business as it is now being conducted. Member has all necessary corporate power and authority to execute, deliver, and perform its obligations under this Release. This Release has been duly and validly executed and delivered by Member and constitutes the legal, valid and binding obligation of Member, enforceable against Member in accordance with its terms.
General Provisions
Member understand that this Release will continue in full force and effect even after the termination of Member’s membership in USSSA. This Release will run in favor of, and may be enforced by, each of the USSSA Parties, and will bind each of the Member Parties to the fullest extent permitted by law. If any provision of this Release is found to be unenforceable, the other terms remain effective. This Release will be governed by Arizona law. The provisions of this Release may be amended only upon the prior written consent of all parties. Any claim or controversy that arises out of or relates to this Release or the alleged breach of it, and which cannot be settled by the parties, will be settled by submission to the nearest chapter of the American Arbitration Association or similar group for binding unappealable arbitration in accordance with its current rules and procedures.
The Wendy Fereday Swim School recently shared with us a letter they received from swim mom Erin. “We took the boys to our pool in the neighborhood for a quick swim yesterday evening to get out some bedtime energy. Decker and Jax were playing with an inflatable water polo goal they recently got. Ames, age 3, went to check it out and I had my eyes on him the whole time from where I was sitting. He leaned over at the edge of the pool and reached too far in the water and fell in head first in the pool. I instantly got up from my chair and ran to help him (I was close enough where I knew I could get to him if I needed to) but I stopped at the edge of the pool because I could see him do the “turn around and save yourself” routine. He was kicking his legs and reaching to the edge of the pool just like you’ve taught him since he was tiny! After he grabbed the edge of the pool, he started to pull himself out of the pool and he was crying. I hugged him and told him “Ames, you did it. You turned around and saved yourself!” He kept crying and saying “I fell in the pool” and I just kept saying over and over again “you turned around and saved yourself” and gave him lots of big hugs. Then the boys came over and told him good job for saving himself and he got so proud of himself.”