Liability Waiver and Release of Liability

Effective Date: March 2026

This Liability Waiver and Release of Liability (“Agreement”) is entered into between the participant (or parent/legal guardian, if the participant is a minor) and JHSwimInstruction (“Instructor”).

By signing this Agreement, you acknowledge and agree to the following:

  1. Acknowledgment of Risk

I understand that swimming and water-related activities involve inherent risks, including but not limited to slipping on wet surfaces, collisions, water inhalation, panic, fatigue, injury, illness, or drowning. I voluntarily choose to participate, or allow my child to participate, in swim instruction with full knowledge of these risks.

  1. Assumption of Risk

I knowingly and voluntarily assume all risks associated with participation in swim lessons, including risks arising from the use of pools, equipment, surrounding areas, and varying lesson environments, whether such risks are known or unknown.

  1. Release of Liability

I hereby release, waive, and discharge JHSwimInstruction and its instructor from any and all liability, claims, demands, or causes of action arising out of or related to any loss, damage, injury, or death that may occur during or as a result of participation in swim instruction, including, to the fullest extent permitted by the laws of the State of Florida, any claims based on the negligence of JHSwimInstruction.

  1. Limitation of Liability

To the fullest extent permitted by law, JHSwimInstruction shall not be liable for any indirect, incidental, or consequential damages. Nothing in this Agreement is intended to waive liability for gross negligence or willful misconduct where such waiver is not permitted by law.

  1. Client Responsibility for Pool and Environment

I understand and agree that JHSwimInstruction does not own, operate, or control the pool or facility where lessons take place.

I acknowledge that I am solely responsible for ensuring that:

  • The pool is safe, properly maintained, and in suitable condition
  • Water chemistry and equipment are properly managed
  • The surrounding environment is free from hazards

JHSwimInstruction is not responsible for any conditions related to the pool or facility.

  1. Third-Party Facility Risk

I understand that lessons may take place at private or public facilities not controlled by JHSwimInstruction, and I assume all risks associated with these environments.

  1. No Lifeguard Duty

I understand that JHSwimInstruction provides swim instruction only and is not acting as a lifeguard. I agree that appropriate supervision will be maintained at all times, especially for minors.

  1. Supervision of Minors

If the participant is under 18 years of age, I certify that I am the legal parent or guardian and have full authority to sign this Agreement on their behalf. I accept full responsibility for the supervision and safety of the minor outside of instructional guidance.

  1. Participant Conduct

I agree to follow all safety instructions provided by JHSwimInstruction. Failure to do so may result in termination of the session without refund.

  1. Equipment and Surroundings

I understand that risks may arise from pool equipment, surfaces, and surrounding areas, including but not limited to ladders, decks, toys, and other objects.

  1. Health and Medical Conditions

I certify that I (or my child) am physically able to participate in swim instruction. I agree to inform JHSwimInstruction of any medical conditions, injuries, or limitations that may affect participation.

  1. Emergency Medical Authorization

In the event of an emergency, I authorize JHSwimInstruction to seek medical assistance for the participant if necessary. I understand that I am responsible for any costs associated with medical care.

  1. No Guarantee of Results

I understand that results from swim instruction vary by individual and are not guaranteed.

  1. Media and Recording

Any recording or media use is governed separately by a Media Release agreement.

  1. Indemnification

I agree to indemnify and hold harmless JHSwimInstruction from any claims, damages, losses, or expenses arising out of my participation, or my child’s participation, in swim instruction.

  1. Lesson Locations

I understand that lessons may take place at various locations and that conditions may vary between environments.

  1. Session Limits

Lessons are time-based and will not be extended due to late arrival or interruptions beyond the instructor’s control.

  1. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida.

  1. Entire Agreement

This Agreement constitutes the entire understanding between the parties and supersedes any prior discussions, communications, or representations.

  1. Severability

If any portion of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

  1. Electronic Signature

Electronic signatures shall be considered valid and legally binding.

  1. Acknowledgment and Agreement

I acknowledge that I have carefully read this Agreement, fully understand its terms, and sign it freely and voluntarily. I understand that I am waiving certain legal rights, including the right to bring a claim against JHSwimInstruction.


Participant Information

Participant Name: ________________________________

If minor, Parent/Guardian Name: ________________________________

Phone Number: _______________________________

Email: ____________________________


Signature

Signature: __________________

Date: ________________