Agreement, Waive, and Release of Liability, Assumption of Risk, and Indemnity Agreement for Charleston Swim Club

Waiver and Release of Liability:  In consideration of being permitted to use the property, facilities, staff, equipment, and services of the Charleston Swim Club, I, for myself, my heirs, personal representatives or assigns, do hereby waive, release, and discharge the Charleston Swim Club, its directors, officers, employees, and agents from liability for any and all claims and damages, including those caused by the negligence of the Charleston Swim Club, resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, swim team, classes, observation, and use of facilities, premises, or equipment.

Assumption of Risk:  Swimming and physical activity, by its very nature, carry with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries.  I hereby assert that my participation in these activities is voluntary, and that I knowingly assume all such risks.  By swimming at Charleston, I recognize and fully understand certain things, including:

  • Even if a lifeguard is on duty supervising the main pool, I am responsible for the safe operation of the pool and are responsible for all persons using the pool during your stay.
    • The baby pool does not have its own lifeguard and requires parent supervision of children at all times.
  • My use of the pool facilities during my stay involves certain risks, including but not limited to:
    1. The risk of injury resulting from possible malfunction of the pool equipment;
    2. The risk of injuries resulting from tripping or falling over obstacles in the pool area;
    3. The risk of injuries resulting from unsupervised divers and swimmers colliding;
    4. The risk of other injuries resulting from participating in any action in the pool.
  • I recognize and fully understand that the above list is not a complete or exhaustive list of all possible risks; the list only provides examples of types of risks that I am assuming.

Rules and Regulations:  I agree that I, and any guests or minor children of which I am the parent or guardian, will fully comply with all such Rules and Regulations and with the signage posted at the pool.  Please see copies of the pool rules, guest and pool policies here.

In exchange for Charleston allowing me to utilize the pool and the club, I hereby agree to the conditions below. I fully intend and choose to give up the legal rights, as stated below:

  1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the Owner, its directors, officers, employees, agents, or representatives (hereinafter referred to as the “Releasees”) relating to my use of the pool and pool area;
  2. TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury, expense, or other cost that I may suffer or that my next of kin may suffer in connection with my use of the Releasees pool or pool area to any cause whatsoever, INCLUDING NEGLIGENCE ON THE PART OF THE RELEASEES;
  3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability to property, or personal injury to, any third party, resulting from the use of the pool or pool area
  4. That I am over the age of 18 and that I am responsible and will adhere to all the rules of the property;
  5. That this Waiver, Release, and Agreement is fully effective and shall be effective and binding upon me, and my heirs, next of kin, executors, administrators, and assigns, or anyone else authorized to act on my behalf or on behalf of my estate. I have read and understood this document. I am aware that by signing this document, I am waiving certain legal rights that I may have against the Releasees, and I fully agree to do so.