PADI Swim School Program Liability Release and Assumption of Risk Agreement
Please read carefully and fill in all blanks before signing. I am aware that swimming has inherent risks which may result in serious injury or death. I understand and agree that neither the instructor(s), nor the facility through which this program is offered, True Blue Watersports (PADI Swim School Name) nor Starfish Aquatics Institute, Inc. ("SAI"), nor PADI Americas, Inc. nor its affiliate and subsidiary corporations ("PADI"), nor any of their respective employees, officers, agents, contractors or assigns (hereinafter referred to as “Released Parties”) may be held liable or responsible in any way for any injury, death or other damages to me, my child, my family, estate, heirs or assigns that may occur as a result of participation in this program or as a result of the negligence of any party, including the Released Parties, whether passive or active. I, on behalf of myself as a participant in a swimming program and/or on behalf of my participating minor child, acknowledge, understand and confirm that:
* I/my minor child is in good health and have/has no physical condition that that would prevent participation in this program.
* Swimming is a physically strenuous activity resulting in exertion and if injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, I expressly assume the risk of said injuries and will not hold the Released Parties responsible for the same.
* I am of lawful age and legally competent to sign this liability release agreement. I understand the terms herein are contractual and not a mere recital, and that I have signed this Agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree that if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein
* I understand and agree that I am not only giving up my right to sue the Released Parties but also any rights my child, heirs, assigns, or beneficiaries may have to sue the Released Parties resulting from participant death. I further represent I have the authority to do so and that my heirs, assigns, or beneficiaries will be estopped from claiming otherwise because of my representations to the Released Parties.
I, by this instrument agree to exempt and release the facility and professional staff providing the program, Starfish Aquatics Institute, Inc., PADI Americas, Inc., and all related entities as defined above, from all liability or responsibility whatsoever for personal injury, property damage or wrongful death however caused, including but not limited to the negligence of the Released Parties, whether passive or active. Non-Agency Disclosure and Acknowledgment Agreement I understand and agree that the facility through which this program is offered, and its associated staff, are licensed to use various SAI and PADI Trademarks and to conduct SAI and PADI training, but are not agents, employees or franchisees of SAI or PADI.
I further understand that these business activities are independent and are neither owned nor operated by SAI nor PADI, and that while SAI establishes the standards for PADI Swim Programs, neither SAI nor PADI is responsible for, nor do they have the right to control, the operation of the facility's business activities and the day-to-day conduct of the swim programs. I further understand and agree on behalf of myself, my heirs and my estate that in the event of an injury or death during this program, neither I nor my estate shall seek to hold SAI or PADI liable for the actions, inactions or negligence of True Blue Watersports, (PADI Swim School Name) and/or the instructors associated with the program. I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT AND THE NON-AGENCY DISCLOSURE AND ACKNOWLEDGMENT AGREEMENT BY READING BOTH BEFORE SIGNING ON BEHALF OF MYSELF, MY MINOR CHILD AND ALL HEIRS.
AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF TRUE BLUE WATERSPORTS ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEE’S FROM ALL LIABILITY CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATION AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
I also understand that TRUE BLUE WATERSPORTS does enforce a cancellation policy. You need to have at least 24 hours notification of cancellation to get a full refund on all swimming lessons. If you do not give 24-hour notice, fees will be collected for these services at full rate. You will be refunded completely if given over 24-hour notice.
Collection of your personal information When True Blue Watersports and eSoft Planner collects any personal information on our website, we will express our need for the personal data at the point of collection. Personal information is any information that can be used to identify an individual, and may include, but is not limited to, name, email address, postal or other physical address, title, occupation, and other information required to provide a service, deliver a product, or carry out a transaction you have requested. Some of the reasons we collect your personal information include:
Uses of your personal information We will only use your personal information in the way we specified when it was collected. We will not subsequently change the way your personal information is used without your consent. Some of the ways we may use your personal information include:
Accessing and updating your personal information We need your help in keeping the personal information you have shared with us accurate and up to date. Please notify us of any changes to your personal information. Our site allows you to make these updates yourself online via the user profile.
Unsubscribing Subscriptions to some newsletters can be managed through the user profile. In addition, each email newsletter includes instructions on how you can unsubscribe from that particular mailing.
Non-personal information collection We do not sell or rent your personal information to third-parties for marketing purposes unless you have granted us permission to do so.
Sharing your personal information In some instances, True Blue Watersports and eSoft Planner may collect non-personal (aggregate or demographic) data through cookies, web logs, and web beacons. This information is used to better understand and improve the usability, performance, and effectiveness of the eSoftplanner.com website and software.
We may share your personal information with authorized third-party agents or contractors in order to provide a requested service or transaction. For example, if we need to ship something to you, we must share your name and address with a shipping company. We only provide third-party agents with the minimum amount of personal information necessary to complete the requested service or transaction.
We may respond to subpoenas, court orders, or legal process by disclosing your personal information and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims.
Personalization We may customize websites or newsletters for certain users based on the information they previously provided or that was collected through eSoftplanner.com websites in order to enhance the overall web experience.
Security of your personal information True Blue Watersports and eSoft is committed to protecting the personal information you share with us. We utilize a combination of security technologies, procedures, and organizational measures to help protect your personal information from unauthorized access, use or disclosure.
When we transfer sensitive personal data (for example, credit card information) over the Internet, we protect it using Secure Sockets Layer (SSL) encryption technology. While we strive to protect your personal information, we cannot ensure the security of the information you transmit. We recommend you to take every precaution in protecting your personal information when you are on the Internet. For example, change your passwords often, use a combination of letters and numbers when creating passwords, and make sure you use a secure browser.
Cookies True Blue Watersports and Esoftplanner.com website and software utilize cookies, although you can still access most of them even if you choose to disable cookies in your browser. The eSoftplanner.com software will not allow you to complete certain activities if cookies are disabled. For example, our e-commerce uses session cookies and persistent cookies to process transactions. If you do not accept cookies, the associated transaction will not work, and you will not be able to place an order.
We also include web beacons in HTML-formatted e-mail newsletters in order to count how many newsletters (or particular articles, links, etc.) are being accessed.
Current versions of web browsers offer enhanced user controls regarding the placement and duration of both first and thirdparty cookies. Search for "cookies" under your web browser's Help menu for more information on cookie management features available to you.
Data retention True Blue Watersports and eSoft will not retain your personal information longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.
Linked Website Our websites may provide links to other third-party websites which are outside our control and not covered by this policy. We encourage you to review the privacy policies posted on these (and all) sites.