TETON VALLEY AQUATICS, LTD
RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND MEDIA RELEASE
In consideration of the services of Teton Valley Aquatics, LTD., their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "TVA"), hereby agree to release and discharge TVA, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that the activities involved in and around pools and water in general entail significant risks, both known and unknown, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. Such risks include, among others, drowning, impacts with the pool, ground, and other objects, and negligence of pool agents and employees.
2. I expressly agree and promise to accept and assume all of the risks existing in these activities, both known and unknown, whether caused or alleged to be caused by the negligent acts or omissions of TVA or others. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless TVA from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of TVA's equipment or facilities, including any such claims which allege negligent acts or omissions of TVA.
4. Should TVA or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume - and bear the costs of -- all risks that may be created, directly or indirectly, by any such condition.
6. I agree that the validity and enforceability of this Release of Liability and Assumption of Risk will be governed by the substantive law of Idaho including the Limitation of Liability of Landowner Act, Idaho Code 36-1604, as well as common law assumption of risk doctrines, without regard to Idaho's conflict of law rules. I also agree to submit to the jurisdiction of the Seventh Judicial District of the State of Idaho.
7. I agree to abide by the rules of any facility I may swim at. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against TVA on the basis of any claim from which I have released them herein.
8. I further grant permission to TVA to utilize photos and/or video of myself and/or my family in TVA publications and media coverage including newspaper articles, promotional videos and materials, and other publications as determined by the staff of TVA.
AS A GUEST OF TETON VALLEY AQUATICS MEMBER, VALLEY ADAPTIVE SPORTS, I:
1. I acknowledge that the activities involved in and around pools and water in general entail significant risks, both known and unknown, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. Such risks include, among others, drowning, impacts with the pool, ground, and other objects, and negligence of pool agents and employees.
2. I agree to abide by the rules of the Teton Valley Aquatics Summer Pool.
3. I ackowledge that the Teton Vally Aquatics Summer Pool is considered a private, member-only, pool by the State of Idaho and is not regulated by the the Idaho Public Health Department.
4. I acknowledge that there is no lifeguard on duty, that swimming is conducted at my own risk, and that it is my responsiblity to supervise my children and guests at all times.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS FOR MYSELF AND ANY CHILDREN UNDER THE AGE OF 18 YEARS OLD THAT I AM THE PARENT OR LEGAL GUARDIAN FOR.
