EVENT LIFEGUARD WAIVER AND RELEASE OF LIABILITY

WARNING: THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS.

By completing this waiver, you are:

• Waiving your right to sue Millennium Swim and its staff for injuries or losses arising from aquatic activities during your event, including injuries caused by negligence.
• Agreeing to indemnify Millennium Swim against claims brought by your event guests.
• Agreeing to binding arbitration instead of court proceedings for any disputes.
• Waiving your right to participate in a class action lawsuit or class-wide arbitration.
• Accepting a cap on liability that limits the amount you may recover.

Read this document carefully before agreeing.

1. Parties and Roles

This Waiver is entered into between:

• You (the "Client"): The event organizer, host, or property owner contracting the lifeguard services.
• The Company (or "Released Parties"): Millennium Swim, its owners, directors, officers, employees, and independent contractors (including the Lifeguard).
• The Premises: The private residential, condominium, or designated pool location provided by the Client for the event.

2. Scope of Services & Assumption of Risk The lifeguard's duties are strictly limited to the supervision of the aquatic area and swimmers during the contracted hours. You acknowledge that aquatic activities inherently involve risks, including bodily injury, drowning, paralysis, or death. You voluntarily assume all risks associated with the use of the pool and aquatic activities during the event.

3. Client Responsibilities & Event Supervision

Because Millennium Swim operates as a mobile service at a venue provided by you, you agree and acknowledge that:

• Pool Safety: You are solely responsible for ensuring the pool is physically safe, structurally sound, and compliant with local health regulations. You must ensure the pool area is clear of debris or hazards prior to the lifeguard's arrival.
• Water Quality: You are responsible for maintaining appropriate water clarity and proper chemical balance.
• Vantage Point: The Client agrees to provide the lifeguard with a clear, unobstructed vantage point of the entire pool.
• General Event Liability: The Client, or a responsible adult, must be present on the premises for the entire duration of the event and remains ultimately responsible for the overall safety and supervision of the pool area and all guests. The lifeguard is not responsible for general guest behavior, alcohol consumption, or activities occurring outside the immediate aquatic area.
• Occupiers’ Liability: Millennium Swim is not an "occupier" of the Premises under applicable occupiers' liability legislation and bears no responsibility for the physical condition of the pool, deck, or surrounding venue.

4. Release of Liability and Waiver of Claims

In consideration for Millennium Swim providing the Services, the Client, on behalf of themselves, all guests and attendees, and their respective heirs, hereby releases, discharges, and covenants not to sue the Released Parties from any and all claims, demands, or causes of action arising out of the aquatic activities at the event. This expressly includes claims arising from the negligence of the Released Parties, but does not apply to liability arising from gross negligence or intentional misconduct.

5. Indemnification (Crucial for Event Hosts)

The Client agrees to indemnify, defend, and hold harmless the Released Parties from and against any claims, demands, liabilities, damages, or costs (including legal fees) arising out of or in connection with:

• Any injury, illness, damage, or death sustained by any event participant, guest, or third party occurring at the Client's premises during or in connection with the Services.
• Any breach of this Agreement by the Client.

6. Limitation of Liability

In no event shall the aggregate liability of any Released Party to the Client for any claims arising under this Waiver in a 12-month period exceed the total fees paid by the Client to Millennium Swim in the 12 months preceding the claim. The Released Parties are not liable for any indirect, consequential, special, punitive, or economic loss.

7. Dispute Resolution

• Governing Law: This Waiver is governed by the laws of Ontario and the federal laws of Canada applicable therein.
• Agreement to Arbitrate: You and Millennium Swim agree that any dispute arising out of this Waiver will be finally resolved by binding arbitration administered by the ADR Institute of Canada ("ADRIC") in Ontario.
• No Class Actions: You waive the right to participate in any class action lawsuit or class-wide arbitration.

8. Photo & Video Release The Client grants MS and its representatives permission to capture photos and/or videos of the Participant(s) during lessons for promotional and instructional purposes. The Client waives any right to inspect or approve the finished product or the use to which it may be applied.

9. Acknowledgment

By signing below or affirmatively accepting this Waiver through the booking platform, you confirm that you have read this Waiver in its entirety, understand its terms, and are authorized to enter into this agreement.