ACCIDENT WAIVER AND RELEASE OF LIABILITY
I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN A BEE IN MOTION (“BIM”) SWIM &/or SPORTS TRAINING LESSON.
I certify that my child IS physically fit and has NOT been advised to NOT participate by a qualified medical professional. I certify that there are NO health‐related reasons or problems that preclude my participation in this sports lesson. I acknowledge that this Accident Waiver and Release of Liability Form will be used by BIM for all sports lessons including Birthday Parties in which I may participate and that it will govern my actions and responsibilities with respect to BIM.
In consideration of my application and permitting me to participate in BIM sports training and receive instruction, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
I acknowledge that BIM sports lesson(s) carry with it the risk of death, serious injury, and personal loss. These risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, spectators, coaches. I acknowledge that engaging in sporting activity involves these and other inherent risks, and is a potentially hazardous activity.
I agree that the laws of the State of New York govern this Waiver and Release contract and any dispute with BIM or its Representatives. The Waiver and Release contract shall be construed broadly to provide a release and waiver to maximum extent permissible under New York law, which allows a parent or guardian to execute a release for a minor. I further agree that any dispute I have with BIM or its Representatives is subject to mediation and, if necessary, binding arbitration, with the parties bearing their own costs. The arbitration will apply the laws of the New York, take place in New York, and be conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association. If any provision of this Waiver and Release contract is held illegal or unenforceable, the remainder of this Waiver and Release shall remain binding.
I HAVE READ THE ABOVE WAIVER AND RELEASE, AND UNDERSTAND ITS CONTENT, INCLUDING THAT BY SIGNING THIS AGREEMENT I AM WAIVING POTENTIAL LEGAL RIGHTS SUCH AS THE RIGHT TO SUE. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT. I SIGN IT ON MY OWN FREE WILL.