Notice: The group leader/organizer is responsible for signing and returning this document and for making parents/guardians aware of the information found below
I. Acknowledgement of Risk
Permittee is fully aware of the special dangers and risks inherent in participating in the use of the aquatic facility. By participating in this activity Permittee acknowledges and agrees that Permittee or Guests2 could sustain various injuries, including physical injury, death, or other consequences arising or resulting from the activity or use of the aquatic facility.
II. Responsibilities for Emergency Care
Permittee and Guests hereby consent to emergency transportation and treatment necessary in the event of injury or illness. Permittee and Guests hereby accept responsibility for the payment of any emergency transportation and treatment expenses, and any subsequent medical bills.
III. Release
Permittee and Guests hereby assume all risk of injury and waive any right of recovery from, or to bring suit, action, seek sums of money, controversies, damages, judgments, claims, or demands, whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by the City of Chandler related to Permittee or Guests. This release of liability is effective and valid regardless of whether the damage, loss, personal injury, emotional injury, or death is a result of any negligent act or omission by the City of Chandler. This release of liability further includes any claims for first-aid or medical treatment provided (negligently or otherwise) or failed to be provided by the City of Chandler. This release of liability does not include actions by the City of Chandler for gross negligence, criminal activity, recklessness, or intentional harm.
IV. Indemnification
To the fullest extent permitted by law, Permitee agrees to defend, indemnify and hold harmless the City of Chandler from and against any and all allegations, demands, claims, proceedings, suits, actions, damages (including, but not limited to, attorney fees, court costs, and the cost of appellate proceedings), judgments or obligations, which may be imposed upon or incurred by or asserted against the City arising from or out of, or resulting from any negligent or intentional actions, acts, errors, mistakes or omissions caused in whole or part by Permitee, relating to the discharge of any duties or the exercise of any rights or privileges arising from or incidental to this Agreement. Permittee further agrees to indemnify, defend, and hold harmless the City of Chandler from all loss, costs, damage, injury, liability, claims and causes of action whatsoever, arising out of or related to City of Chandler’s negligent or intentional acts, errors and omissions while participating at the Private Event at the aquatic facility.
V. Representations
Permittee, confirms that Permittee and Guests have reviewed or have had the opportunity to review, the terms of this Agreement including Pool Rules above. Permittee acknowledges that Permittee has informed Guests of the contents of this Agreement - even if any specific Guest has not executed the Agreement below. By signing below and/or paying the required fees to enter the aquatic facility, Permittee and Guests have read or have had explained fully to them this Agreement. In addition, Permittee and Guests understand and agree to abide by the Pool Rules and any additional rules posted at the aquatic facility. Permittee and Guests acknowledge, understand, and agree to follow the Pool Rules and/or any additional rules posted at the aquatic facility. Permittee acknowledges and understands that the City of Chandler is relying upon this representation before allowing any participants - Permittee and Guests - to enter and use the aquatic facility. Permittee further understands, acknowledges, and agrees that any fraudulent or inaccurate representation in this Agreement may subject Permitee to certain obligations and legal action, including but not limited to fraud or trespass.
VI. Attestation
By signing this Agreement or paying the required fee, Permittee and Guests certify that Permittee and Guests had a reasonable and sufficient opportunity to read and understand this entire Agreement and consult with legal counsel, or have voluntarily waived the right to do so; that Permittee is actually authorized to sign this Agreement as an individual or on behalf of the entity that Permittee represents; that Permittee understands that Permittee and Guests may be found by a court of law to have forever waived, on behalf of all individuals or participants at the Private Event, claims, and rights to maintain any legal action against the City of Chandler based on any claim from which Permittee has released the City of Chandler herein; and that Permittee and Guests knowingly and voluntarily agree to be bound by all terms and conditions of this Agreement.