Swimming Pool Waiver and Release of Liability Form
Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnity Agreement
PLEASE READ CAREFULLY. BY SIGNING THIS DOCUMENT, YOU CHOOSE TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. If you do not understand the terms of this document, or its legal implications, please seek legal advice before signing.
TO: The City of Chinook, Montana.
I, and/or my children under the age of 18 years, wish to swim in the municipal swimming pool. By swimming in the city pool, I, on my behalf, and on behalf of my minor children and next of kin, recognize and fully understand certain things including:
My use, or my children’s use, of the pool facilities involves certain risks, including, but not limited to:
• The risk of injuries resulting from possible malfunction of pool equipment.
• The risk of injuries resulting from tripping or falling over obstacles in the pool area.
• The risk of injuries resulting from slipping and falling on wet, slick, or uneven surfaces.
• The risk of injuries resulting from divers and swimmers colliding.
• The risk of injuries resulting from physical exercise and other activities in the pool.
I recognize and fully understand that the above list is not an exhaustive list of all possible risks. The list only provides examples of risks that I am assuming in exchange for the City allowing me to utilize the pool and pool area. I acknowledge that the risks may also include the risk of drowning and death.
In consideration for being allowed to use the swimming pool and pool facilities, and for other good and valuable consideration, the sufficiency of which is acknowledged, I hereby agree to the following conditions. I fully intend and choose to give up the legal rights as stated below:
1. TO COVENANT NOT TO SUE AND TO WAIVE ANY AND ALL CLAIMS, costs, liabilities, damages, and demands arising from any injury, loss, illness, or death to me, my immediate family, and my invitees, related in any manner to use of the pool and pool area. This release, covenant, and waiver includes all such claims, damages, and demands that I have or may have in the future against the City, its council members, mayor, officials, employees, agents, attorneys, and representatives relating in any manner to my use or my children’s use of the pool and pool area.
2. TO RELEASE THE CITY from any and all liability for any loss, damage, injury, expense, or other cost that I may suffer or that my children or next of kin may suffer in connection with my use and their use of the pool or pool area from any cause whatsoever.
3. TO HOLD HARMLESS, RELEASE, AND INDEMNIFY THE CITY from any and all liability to property, or personal injury, to any third party resulting from the use of the pool and pool area.
4. That I am over the age of 18 or if I am under the age of 18 my parent/guardian has also signed this form and that I am responsible and I will adhere to the rules of the pool and the directives of pool employees.
5. This Waiver, Release, and Agreement is fully effective and shall be effective and binding upon me, my next of kin, my heirs, executors, personal representatives, assigns, and anyone else authorized to act on my behalf or on behalf of my estate.
6. I understand that this release and agreement does not exempt anyone from his or her own fraud, or for willful or intentional injury to the person or property of another, or for violation of the law.
I have read and fully understand the foregoing release, hold-harmless agreement, and covenant not to sue. I am aware that by signing this document, I am waiving certain legal rights that I may have against the City, and I fully agree to do so.
I also acknowledge that should I engage in conduct considered inappropriate or disorderly, or disrupting to other swimmers, I may be asked to leave the pool and city property by an employee of the City.
Should multiple complaints be made, I may be banned from the pool facility or only be allowed at the pool or pool area with a supervising parent or legal guardian.