PARTICIPANT WAIVER AND RELEASE OF LIABILITY (Swim Instruction)

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 instructors for injuries or losses arising from participation in swim lessons, including injuries caused by negligence.
• 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 "Signer"): The Participant themselves, or the parent or legal guardian signing on the Participant's behalf.
• The Participant: The individual receiving swim instruction.
• The Company (or "Released Parties"): Millennium Swim, its owners, directors, officers, employees, and independent contractors (including the Instructor).
• The Premises: The private residential, condominium, or community pool provided by the Signer where the lesson takes place.

2. Nature of the Activity and Assumption of Risk

Recreational swim instruction involves physical activity in and around water. Participation carries inherent risks that exist regardless of the precautions taken by any party. You acknowledge and accept the following risks, which may result in serious personal injury, disability, death, or property damage:

• Drowning or near-drowning
• Slipping, falling, or loss of balance on wet deck surfaces
• Collision with pool walls, ladders, or pool equipment
• Submersion injuries or waterborne illness
• Cardiovascular or medical events triggered or exacerbated by physical exertion
• Exposure to pool chemicals
• Worsening of pre-existing health conditions

You confirm that you are voluntarily choosing to participate with full knowledge of the risks described above.

3. Client-Provided Premises Responsibility

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

• You have the legal right and authority to use the Premises for swim instruction.
• You are solely responsible for ensuring the pool is physically safe, structurally sound, and properly maintained.
• You are solely responsible for ensuring pool chemicals are properly balanced and safe for human exposure prior to the Instructor's arrival.
• 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 or surrounding deck.

4. Release of Liability and Waiver of Claims

In consideration of receiving swim instruction from Millennium Swim, you, on your own behalf and (where applicable) on behalf of the minor Participant, hereby release, waive, discharge, and covenant not to sue the Released Parties from any and all claims, demands, actions, or causes of action arising out of or in connection with participation in swim instruction, including but not limited to:

• Personal injury, death, or property damage caused by the negligence of any Released Party.
• Breach of any duty of care owed by any Released Party.
• Claims arising from the professional conduct, methods, or supervision practices of the Instructor.
• Claims arising from the physical condition of the pool or facility.

This release expressly includes claims arising from the negligence of the Released Parties. This release does not apply to liability arising from gross negligence or intentional misconduct.

5. Provisions Specific to Minor Participants & Supervision

If you are booking on behalf of a minor (a person under 18 years of age):

• Active Supervision Required: A parent or legal guardian must be physically present and actively supervising throughout the entire lesson. The Instructor's attention is focused on delivering instruction. Your presence provides an independent, dedicated layer of safety.
• Remain in the Pool Area: You must remain within the pool area with a clear sightline at all times. Swim lessons are not a childcare service.
• Parental Indemnity: To the fullest extent permitted by law, you agree to indemnify and hold harmless the Released Parties from any claims brought by you personally arising out of the minor's participation.
• Failure to Supervise: If you fail to fulfill these supervision responsibilities, you waive any claims against the Released Parties arising from incidents that occur during your absence.

6. Limitation of Liability

In no event shall the aggregate liability of any Released Party to the Participant for any claims arising under this Waiver in a 12-month period exceed the total fees paid by the Participant 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 that you are waiving legal rights, and are authorized to enter into this agreement.