PARTICIPANT WAIVER, RELEASE, ASSUMPTION OF RISK & COMMUNICATIONS CONSENT

In consideration of being permitted to participate in swim lessons, aquatic activities, open swim, swim camps, parties, events, or any other programs or activities offered by Blacktip Swim School ("Blacktip"), and/or to enter or use any Blacktip Swim School facility, I acknowledge and agree to the following:

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ASSUMPTION OF RISK

I understand that participation in aquatic activities and use of a swimming pool involves inherent and potentially serious risks, including but not limited to drowning, near-drowning, submersion, water inhalation, slips and falls, collisions, injuries arising from pool decks or other surfaces, injuries related to swimming or aquatic equipment, physical exertion, illness, and other accidents or injuries.

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I understand that these risks may exist even when reasonable safety precautions are taken and even when activities are supervised by Blacktip employees, instructors, contractors, or other personnel.

I voluntarily assume all risks, known and unknown, associated with my participation and/or the participation of any minor for whom I am signing this agreement.

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RELEASE AND WAIVER OF LIABILITY

To the fullest extent permitted by applicable law, I hereby release, waive, discharge, and agree not to hold liable Blacktip Swim School, its owners, affiliates, officers, directors, employees, instructors, contractors, agents, representatives, successors, and assigns (collectively, the "Released Parties") from and against any and all claims, demands, causes of action, losses, liabilities, costs, expenses, damages, or injuries arising out of or relating to my participation, or the participation of a minor for whom I am signing this agreement, in any Blacktip activity or use of any Blacktip facility, equipment, pool, premises, or services.

This release includes, to the fullest extent permitted by applicable law, claims arising from personal injury, illness, property damage, death, drowning, near-drowning, or other loss occurring on or in connection with Blacktip's premises, programs, activities, or services.

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I understand and acknowledge that this waiver is intended to apply to the fullest extent permitted by law, including claims arising from the ordinary negligence of the Released Parties. Nothing in this agreement is intended to waive or release any claim that cannot legally be waived or released under applicable law.

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MINORS

If I am signing this agreement on behalf of a minor, I represent that I am the minor's parent or legal guardian and have the legal authority to enter into this agreement on the minor's behalf.

I agree that the terms of this agreement apply to the minor's participation in all Blacktip programs and activities and use of Blacktip facilities.

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I further agree to inform Blacktip of any medical condition, physical limitation, swimming ability, or other circumstance that could reasonably affect the participant's ability to safely participate in aquatic activities.

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INDEMNIFICATION

To the fullest extent permitted by applicable law, I agree to indemnify, defend, and hold harmless the Released Parties from and against claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising from my actions or the actions of a minor for whom I am responsible, including claims arising from a violation of Blacktip's rules, policies, or instructions.

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MEDICAL TREATMENT

In the event of an emergency, I authorize Blacktip and its employees, instructors, contractors, or agents to obtain reasonable emergency medical assistance for me or the minor for whom I am responsible when, in their reasonable judgment, such assistance is necessary.

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I understand that I am responsible for any costs associated with medical treatment or emergency services.

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FACILITY RULES AND SAFETY

I agree to follow all Blacktip rules, posted safety instructions, instructor directions, and facility policies. I understand that Blacktip reserves the right to remove any participant from an activity or facility when, in Blacktip's reasonable judgment, the participant's conduct presents a safety risk to themselves or others.

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COMMUNICATIONS AND MARKETING CONSENT

By submitting a request for information, creating an account, requesting a trial lesson, purchasing a service, registering for a program, or otherwise providing my contact information to Blacktip, I consent to Blacktip Swim School and its authorized service providers contacting me regarding my account, enrollment, scheduling, classes, payments, programs, and other services.

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Where I separately elect to receive marketing communications, I authorize Blacktip Swim School and its authorized service providers to contact me by email, text message, and/or telephone, including through automated or prerecorded technology where permitted by applicable law.

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Message and data rates may apply. Message frequency may vary.

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I may opt out of marketing text messages at any time by replying STOP. I may reply HELP for assistance. I may unsubscribe from marketing emails using the unsubscribe option provided in the email. I may also request that Blacktip stop making marketing calls to me.

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Opting out of marketing communications will not affect transactional or service-related communications that are necessary to administer my account, enrollment, payments, scheduling, or participation in Blacktip programs.​