Waiver of Liability and Release Form

All students participating in our courses and/or lessons (the “Student(s)”)must complete this Waiver of Liability and Release Form (the “Waiver”) before participating in any lessons or certification courses with Lifeguarding Academy Corporation. If the Student is under the age of 18, a parent or guardian must sign this Waiver on behalf of the Student. Admission to the lessons or certification course will not be permitted without accepting this Waiver.

In consideration for my use of Lifeguarding Academy’s services, facilities, and equipment, I (or my child, if the student is under the age of 18, or the person I am the legal guardian of) agree to the Lifeguarding Academy Corporation (o/a Lifeguarding Academy) Waiver and its terms and conditions, as follows:

I (or my child, if the student is under the age of 18, or the person I am the legal guardian of) hereby understand and acknowledge that Lifeguarding Academy’s services, lessons, courses, programs, events, and equipment may expose me to many inherent risks, including accidents, injury, illness, or even death. I assume all risks associated with participation including, but not limited to, falls, contact with other participants, equipment-related injury, drowning, the effects of the weather, including high heat and/or humidity, and all other such risks being known and appreciated by me. I hereby acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with participation in any activity during a Lifeguarding Academy course(s) or lesson(s).

I acknowledge that I (or my child, if the student is under the age of 18, or the person I am the legal guardian of) am physically fit and mentally capable of performing the physical activities I (or my child, if the student is under the age of 18, or the person I am the legal guardian of) choose to participate in while attending the Lifeguarding Academy course(s) or lesson(s). After having read this Waiver and knowing these facts, I (or my child, if the student is under the age of 18, or the person I am the legal guardian of) freely and voluntarily agree to participate in Lifeguarding Academy’s course(s) and/or lesson(s) and use Lifeguarding Academy’s facilities and equipment. I (or my child, if the student is under the age of 18, or the person I am the legal guardian of) understand the risks involved in these activities.

I acknowledge and accept that break periods, and any times outside scheduled course and lesson hours, are unsupervised, and I (or my child, if the student is under the age of 18, or the person I am the legal guardian of) am responsible for my own safety and well-being during these periods. I understand that if I (or my child, if the student is under the age of 18, or the person I am the legal guardian of) choose to leave Lifeguarding Academy’s facilities during breaks or at any other time when not under direct supervision, I do so at my own risk. I hereby release and hold harmless Lifeguarding Academy, its employees, agents, and affiliates from any liability, injury, loss, or damage that may occur as a result of my (or my child, if the student is under the age of 18, or the person I am the legal guardian of) departure from the premises during such times.

I acknowledge that the use of the pool facilities provided by Lifeguarding Academy involves inherent risks, including but not limited to the risk of drowning, slips and falls, injury from diving, exposure to chemicals, and other unforeseen hazards. I voluntarily assume full responsibility for any risks, injuries, or damages that may occur as a result of my  (or my child, if the student is under the age of 18, or the person I am the legal guardian of) use of the pool, whether arising from my  (or my child, if the student is under the age of 18, or the person I am the legal guardian of) own actions, the actions of others, or the condition of the pool and surrounding area. I hereby release, waive, and hold harmless Lifeguarding Academy, its employees, agents, and affiliates from any and all liability, claims, or demands arising from my  (or my child, if the student is under the age of 18, or the person I am the legal guardian of)  use of any pool facilities provided by Lifeguarding Academy, including but not limited to personal injury, property damage, or wrongful death, whether caused by negligence or otherwise.

I acknowledge and agree that Lifeguarding Academy shall not be held responsible or liable for any technical errors or downtime which may affect the Lifeguarding Academy website or other electronically-offered services from time to time. In the event a technical problem prevents or hinders my use of Lifeguarding Academy’s services, I may notify Lifeguarding Academy for a full refund.

I hereby understand, acknowledge, and agree to accept the risk that I (or my child, if the student is under the age of 18, or the person I am the legal guardian of) may contract COVID-19 in a Lifeguarding Academy facility. While Lifeguarding Academy takes every reasonable health and safety precaution, Lifeguarding Academy cannot guarantee that I (or my child, if the student is under the age of 18, or the person I am the legal guardian of) will not contract COVID-19 while on or near its facilities.

I (or my child, if the student is under the age of 18, or the person I am the legal guardian of) have  freely and voluntarily chosen to participate in the lessons or certificate course and understands that depending on the nature of the lessons or certificate course, a certain level of fitness and ability is required. I represent and warrant that I (or my child, if the student is under the age of 18, or the person I am the legal guardian of) am in good physical condition, able to swim at a proficient level, and have no medical condition, consideration, and/or allergies that would prevent and/or limit their full participation.  I (or my child, if the student is under the age of 18, or the person I am the legal guardian of) further agree to observe and obey all posted and spoken rules, warnings, and oral instructions provided by Lifeguarding Academy and by extension the instructor. Lifeguarding Academy

I understand that by signing this Waiver, I (or my child, if the student is under the age of 18, or the person I am the legal guardian of) am forfeiting the right to pursue legal recourse against Lifeguarding Academy for any injury or accident that may occur while I (or my child, if the student is under the age of 18, or the person I am the legal guardian of) attend the Lifeguarding Academy facility. I understand that I am solely responsible and liable for my (or my child, if the student is under the age of 18, or the person I am the legal guardian of) actions while attending Lifeguarding Academy’s facility and that the facility is not staffed at all times. As such, I (or my child, if the student is under the age of 18, or the person I am the legal guardian of) will not hold Lifeguarding Academy responsible for any acts by any other individuals attending the Lifeguarding Academy facility, course(s) or lesson(s).

In consideration of Lifeguarding Academy’s acceptance of my participation and furnishing of their services to me (or my child, if the student is under the age of 18, or the person I am the legal guardian of), I agree, for myself and anyone entitled to act on my behalf or for whom I am responsible at law, to HOLD HARMLESS, WAIVE AND FOREVER RELEASE AND DISCHARGE Lifeguarding Academy, its owners, employees, agents, officers, instructors, programs, organizers, representatives, successors, volunteers, and operators from any responsibility, liabilities, demands, or claims of any kind arising out of my attendance at Lifeguarding Academy’s facilities or my participation in Lifeguarding Academy courses, lessons, classes, programs, and/or events, whether foreseen or unforeseen, including those allegedly attributed to the above mentioned parties; and further, to save and hold harmless Lifeguarding Academy’s services, programs, and persons from any claim by me, or my family, estate, heirs, tranferees or assignees, arising as a result of my (or my child, if the student is under the age of 18, or the person I am the legal guardian of) use of Lifeguarding Academy’s services, facilities, or equipment.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OTHER THAN IN THE EVENT OF A FINDING OF GROSS NEGLIGENCE BY AN ONTARIO COURT, LIFEGUARDING ACADEMY’S TOTAL LIABILITY TO ME (or my child, if the student is under the age of 18, or the person I am the legal guardian of) SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE TOTAL AMOUNT OF ALL THE MONIES I HAVE PAID TO LIFEGUARDING ACADEMY.

To the maximum extent permitted by applicable law, I agree to defend, indemnify, and hold harmless Lifeguarding Academy, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to my use of Lifeguarding Academy’s equipment or facilities, including, but not limited to, my (or my child, if the student is under the age of 18, or the person I am the legal guardian of)  use of pool facilities, use of any shared customer facilities, use of any rented equipment, interactions with other individuals in or around Lifeguarding Academy’s facility, and actions while attending Lifeguarding Academy courses or lessons.

Lifeguarding Academy shall not be liable for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, government-ordered lockdown act of civil or military authority, uprising, pandemic, epidemic, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into by Lifeguarding Academy, which termination could have been reasonably foreseen. In such event, Lifeguarding Academy shall forthwith inform me of the termination and shall use all reasonable endeavours to comply with the terms and conditions of any agreement entered between myself and Lifeguarding Academy.

This Waiver will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location. 

I acknowledge and agree that I have read, understood, and accepted the terms and conditions of this Waiver and I have been afforded the opportunity to seek independent legal advice with regards to this Waiver. For customers 18 years’ old or younger, a parent or guardian must agree to this Waiver on the customer’s behalf.