Tinker Holdings LLC d/b/a Beginners2Swimmers’
Waiver of Liability for lifeguarding during COVID-19
Beginners2Swimmers is implementing the below protocol for LifeGuards and Swimmers for lifeguarding during clients’ parties:
We appreciate the opportunity to deliver lifeguarding during these challenging times. We thank you for your cooperation in adhering to these guidelines to ensure the safety of our clients, clients’ families, and LifeGuards.
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID- 19 by having a LifeGuard from Beginners2Swimmers deliver services and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
I understand that the risk of becoming exposed to or infected by COVID-19 from a Beginners2Swimmers’ LifeGuard delivering lifeguarding may result from the actions, omissions, or negligence of myself and others, including, but not limited to the Swimmer, Swimmer’s family or LifeGuard.
I voluntarily agree to assume all the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with Beginners2Swimmers’ LifeGuard delivering lifeguarding ("Claims").
On my behalf, and on behalf of my child(ren), I hereby release, covenant not to sue, discharge, and hold harmless Beginners2Swimmers, its employees, agents, representatives, and its independent contractors of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Beginners2Swimmers, its employees, agents, and representatives, its independent contractors, whether a COVID-19 infection occurs before, during, or after participation in any Beginners2Swimmers’ swimming or lifeguard program. Client agrees to defend (upon demand), indemnify, and hold Beginners2Swimmers harmless for any claim made by any person or entity related in any way to the services provided by Beginners2Swimmers by, through or under this Agreement. The duty to defend, indemnify and hold Beginners2Swimmers harmless is required by Beginners2Swimmers even for alleged or proven negligence (in whole or in part) of Beginners2Swimmers.