Waiver of Liability and Release Form

This Waiver of Liability and Release Form (“Waiver”) must be accepted by all individuals (“Participant”) enrolling in or attending any lesson, course, program, event, or activity offered by Tactical Aquatics. If the Participant is under 18 years of age, a parent or legal guardian (“Guardian”) must complete and sign this Waiver on the Participant’s behalf. Participation is not permitted without acceptance of this Waiver.

 

1. Definitions

 

For the purposes of this Waiver:

 

• “Participant” refers to the individual taking part in Tactical Aquatics programs, whether adult or minor.

• “Guardian” refers to the parent or legal guardian of a Participant under 18.

• “Tactical Aquatics” includes its owners, directors, officers, employees, instructors, independent contractors, agents, volunteers, affiliates, successors, and assigns.

• “Programs” include all lessons, courses, certifications, training sessions, events, and use of any facilities or equipment provided by Tactical Aquatics.

 

1. Assumption of Risk

 

The Participant understands and acknowledges that participation in aquatic programs involves inherent risks, including but not limited to:

 

• Drowning or near‑drowning

• Slips, trips, and falls

• Injuries from diving or jumping

• Exposure to pool chemicals

• Contact with other participants

• Equipment‑related injury

• Weather‑related risks (heat, humidity, storms)

• Illness, including communicable diseases such as COVID‑19

• Unforeseen hazards in or around aquatic facilities

 

The Participant voluntarily assumes all risks, whether known or unknown, associated with participation in Tactical Aquatics Programs and use of any facilities or equipment.

  

1. Fitness to Participate

 

The Participant (or Guardian) represents and warrants that:

 

• The Participant is in good physical and mental condition.

• The Participant is able to swim at a proficient level appropriate for the Program.

• The Participant has no medical condition, allergy, or limitation that would prevent or restrict safe participation.

• The Participant is responsible for communicating any physical or psychological concerns that may affect participation.

 

The Participant agrees to follow all posted rules, safety guidelines, and oral instructions provided by Tactical Aquatics staff or instructors.

 

1. Unsupervised Periods

 

The Participant acknowledges that:

 

• Break periods and times outside scheduled Program hours may be unsupervised.

• If the Participant chooses to leave the facility during these times, they do so at their own risk.

• Tactical Aquatics is not responsible for any injury, loss, or incident occurring during unsupervised periods or off‑premises activities.

 

1. Personal Property

 

Tactical Aquatics is not responsible for lost, stolen, or damaged personal property at any location used for Programs, including:

 

• Pool decks

• Change rooms

• Classrooms

• Parking areas

• Off‑site facilities

 

The Participant accepts full responsibility for safeguarding their belongings.

  

1. Use of Pool Facilities

 

The Participant acknowledges that use of any pool or aquatic environment involves additional risks, including drowning, chemical exposure, and environmental hazards. The Participant assumes full responsibility for any injury or damage arising from:

 

• Their own actions

• The actions of others

• The condition of the pool or surrounding area

 

The Participant releases Tactical Aquatics from all liability related to pool use, including injury, property damage, or wrongful death, whether caused by negligence or otherwise.

 

1. Illness and COVID‑19 Acknowledgement

 

The Participant understands that despite reasonable precautions, Tactical Aquatics cannot guarantee protection from illness, including COVID‑19. The Participant voluntarily accepts this risk.

 

1. Website and Technical Services

 

Tactical Aquatics is not liable for technical issues, outages, or errors affecting online services. If such issues prevent participation, the Participant may request a refund.

 

1. Release, Waiver, and Hold Harmless

 

In consideration of being permitted to participate, the Participant (and Guardian, if applicable) agrees to:

 

• Release and discharge Tactical Aquatics from any and all claims, demands, damages, or causes of action arising from participation in any Program.

 

• Waive any right to pursue legal recourse for injury, accident, illness, or death occurring during participation, except where prohibited by Ontario law.

 

• Hold harmless Tactical Aquatics from any claims brought by the Participant, their family, estate, heirs, or assigns.

 

This release applies to all claims, whether foreseen or unforeseen, including those arising from alleged negligence.

 

1. Indemnification

 

To the maximum extent permitted by law, the Participant agrees to defend, indemnify, and hold harmless Tactical Aquatics from any claims, damages, losses, or expenses (including legal fees) arising from:

 

• The Participant’s actions

• Use of pool or shared facilities

• Use of rented or provided equipment

• Interactions with other individuals

• Participation in any Program

 

1. Limitation of Liability

 

Except in cases of gross negligence as determined by an Ontario court, Tactical Aquatics’ total liability shall not exceed the total amount paid by the Participant for the Program.

 

1. Force Majeure

 

Tactical Aquatics is not liable for failure to perform obligations due to events beyond its control, including:

 

• Natural disasters

• War, terrorism, or civil unrest

• Government‑ordered lockdowns

• Pandemics or epidemics

• Acts of God

 

In such cases, Tactical Aquatics will notify the Participant and make reasonable efforts to comply with existing agreements.

 

1. Governing Law

 

This Waiver is governed by the laws of Ontario and the federal laws of Canada applicable therein, regardless of the Participant’s residence or location.