Lap Swim Sign Up

This Agreement is for the entire 2024 season.
By electronically signing this form you acknowledge and agree to the following terms and conditions.

KANAWHA RECREATION ASSOCIATION
RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY/HOLD-HARMLESS AGREEMENT

Defined terms under this Agreement:

"Association" — shall mean Kanawha Recreation Association.

"Released Parties" — shall mean the Association, the Association Board of Directors, and the Association's managers and staff and each of the above-named parties' partners, officers, directors, committee chairpersons, committee members, agents, legal counsel, contractors, employees, servants, successors or assigns.

"Swimming Pool" — shall mean the Kanawha Recreation Association Swimming Pools.

“User” – age 18 or older person using the Association facilities or participating in the activities of the Swimming Pool and its related amenities and any person under User’s responsibility.

The undersigned User does hereby execute this Release, Waiver of Liability, Assumption of Risks and Indemnity/Hold Harmless Agreement (the "Agreement") for himself/herself and his or her heirs, assigns and estate representative and acknowledges the inherent risks involved in the use of the Association's Swimming Pool, which risks include, but are not limited to bodily injury, sickness, disease or death from using the Swimming Pool. User also acknowledges and understands that use of the Swimming Pool by the User, as defined below, is potentially dangerous and life threatening and that the type of injury or damage described above can occur when using the Swimming Pool. User acknowledges and understands User will be swimming at his/her own risk and USER UNDERSTANDS THERE WILL BE NO LIFEGUARD ON DUTY DURING THE TIMES USER WILL BE ALLOWED ACCESS TO SWIMMING POOL UNDER THIS AGREEMENT AND USER AGREES TO ASSUME ALL RISKS ASSOCIATED THEREWITH.

The allowed use of the Swimming Pool by User under this Agreement will be permitted only on May 1 – October 1, 2023, and for the times set forth by the Board of Directors of the Association at its sole discretion. Changes can be made without notice.

Each person entering the Swimming Pool during the permitted times must first execute this Agreement with the Association. User must also securely close and lock the gate upon entering or exiting the Swimming Pool area. Any damages to the Association will be the legal and financial responsibility of the User for which the User does hereby agree to pay and indemnify and hold the Released Parties harmless therefrom.

In consideration for being allowed to use the Swimming Pool under this Agreement, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged:

IN CONSIDERATION OF PERMISSION TO USE THE ASSOCIATION SWIMMING POOL AND FACILITIES FOR THE KRA OFF-SEASON MASTERS SWIM PROGRAM, USER DOES, FOR MYSELF, MY SPOUSE, HEIRS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND/OR ASSIGNS, HEREBY FOREVER RELEASE, WAIVE, DISCHARGE, AGREE NOT TO SUE, THE ASSOCIATION AND/OR RELATED PARTIES, OF AND FROM LIABILITY OR ORDINARY NEGLIGENCE BY THE ASSOCIATION OR ANY RELATED PARTIES RESULTING IN ANY DAMAGE, INJURY, DISEASE, SICKNESS OR DEATH TO USER RELATED TO THE USE OR OPERATION OF THE SWIMMING POOL OR ANY DAMAGE OR LOSS TO PERSONAL PROPERTY CAUSED BY OR RELATED TO THE USE OR OPERATION OF THE SWIMMING POOL AND USER’S PARTICIPATION IN THE OFF-SEASON PROGRAM

USER ACKNOWLEDGES PARTICIPATION IN THE OFF-SEASON LAP SWIM PROGRAM CONTEMPLATES PARTICIPATION IN PHYSICAL ACTIVITY (LAP SWIMMING ONLY) WHICH BY ITS NATURE CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED REGARDINGS OF THE CARE TAKEN TO AVOID INJURIES. USER UNDERSTANDS THAT SWIMMING IS A HAZARDOUS ACTIVITY AND THAT THE RISKS INHERENT IN THE SPORT OF SWIMMING INCLUDE BUT ARE NOT LIMITED TO MINOR INJURIES, DROWNING, PARALYZING INJURIES AND DEATH. USER UNDERSTANDS THAT SINCE NO LIFEGUARDS OR OTHER RESCUE OR MEDICAL PERSONNEL WILL BE PRESENT DURING THE KRA OFF-SEASON MASTERS PROGRAM, THE RISK OF HARM OR SERIOUS INJURY IS INCREASED. USER HAS READ THE PREVIOUS PARAGRAPHS AND KNOWS, UNDERSTANDS AND APPRECIATES THESE AND OTHER RISKS THAT ARE INHERENT IN THE KRA OFF-SEASON LAP SWIM PROGRAM. NEVERTHELESS, USER ASSERTS THAT HIS/HER PARTICIPATION IN THIS ACTIVITY IS VOLUNTARY AND USER KNOWINGLY ASSUMES ALL SUCH RISKS.

USER AGREES TO INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES, EXPENSES AND COSTS (INCLUDING ATTORNEY FEES) FOR OR ARISING OUT OF MY PARTICIPATION IN THE OFF-SEASON PROGRAM, INCLUDING BUT NOT LIMITED TO: (1) ANY DAMAGE, INJURY, DISEASE, SICKNESS OR DEATH TO USER RELATED TO THE USE OR OPERATION OF THE SWIMMING POOL; OR (2) ANY DAMAGE OR LOSS TO PERSONAL PROPERTY CAUSED BY OR RELATED TO THE USE OR OPERATION OF THE SWIMMING POOL, AND USER AGREES TO REIMBURSE THE ASSOCIATION FOR ANY SUCH DAMAGES, EXPENSES AND COSTS INCURRED.

USER UNDERSTANDS, ACKNOWLEDGES AND STIPULATES THAT THIS RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREED TO HEREIN BY USER APPLIES TO AND INCLUDES ANY SUCH LIABILITY, CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES, EXPENSES AND COSTS (INCLUDING ATTORNEY FEES) ARISING OUT OF NEGLIGENCE ON THE PART OF THE RELEASED PARTIES. Please initial the following:

- User stipulates and agrees that invalidation of any term(s) or provision(s) of this Agreement by judgment or other court order shall not affect any of the other terms or provisions and such other terms and provisions shall remain in full force and effect.

- User understands and agrees the Association may terminate this Agreement at any time.

- User agrees that he/she will be responsible for any and all legal fees incurred by the Association for any proceeding or action brought under or with relation to this Agreement. The laws of the Commonwealth of Virginia shall govern this Agreement.

- This Agreement is non-transferable and may not be assigned and must be filled out for each swim season.

I HAVE CAREFULLY READ THE ABOVE, FULLY UNDERSTAND ALL TERMS CONTAINED HEREIN, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS INCLUDING MY RIGHT TO SUE, ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY MY SIGNATURE TO GIVE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.