WAIVER

_____________ (“Athlete”) has enrolled as a member of The Woodlands Diving Academy (herein referred to as the “TWDA”). I recognize that the program may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and further fitness activities. I hereby affirm that Athlete is in good physical condition and does not suffer from any known disability or condition which would prevent or limit their participation in this program. If Athlete should experience a disability or condition that would limit their ability to participate, I take full responsibility to communicate that to TWDA in writing so their activities can be tailored to their condition, or discontinued until they are again ready to participate safely. I acknowledge that Athlete’s enrollment and subsequent participation is purely voluntary.

In consideration of Athlete’s participation in this program, I hereby release CHERECHES SPORTS, LLC and its agents from any claims, demands, and causes of action as a result of Athlete’s voluntary participation and enrollment, including without limitation any and all physical injury that Athlete may incur while participating in any activity, wherever that may occur.

I fully understand that Athlete may injure themselves as a result of their enrollment and subsequent participation in this program and I hereby release TWDA and its agents from any liability now or in the future for conditions that Athlete may experience. These conditions may include, but are not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to back, injuries to foot, or any other illness or soreness that Athlete may incur, including death.

Media: I hereby consent to the release of Athlete’s name and/or photos and/or video images taken by anyone authorized by TWDA or any media representative for publicity purposes. This may include television, website, newspaper, social media sites (Instagram, Facebook, Twitter, etc.) and/or TWDA publications (flyers, newsletters, brochures, etc.). I understand that photos and/or videos for the media may be used in publications and/or websites outside of TWDA’s control.

Valuables and Personal Property: I acknowledge that I have been informed to avoid bringing personal valuables into any facilities used by TWDA, wherever that may be, and that TWDA shall not be liable for the loss, theft of or damage to my personal property, including items left in the common areas, lockers, bathrooms, showers or anywhere else. I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during Athlete’s participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against TWDA on the basis of any claim from which I have released them herein. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and venue for all purposes shall be in Harris County, Texas.

By signing this document, I understand every effort will be made to reach me in case of an emergency. If this is impossible I, ________________________, the parent/legal guardian of the above named Athlete authorize and consent to medical, surgical and hospital care, treatment and procedures to be performed for above named Athlete by a licensed physician or hospital when deemed immediately necessary or advisable by the physician to safeguard above named Athlete’s health. I waive my right of informed consent to such treatment. This consent may be given for care whenever conditions are necessary to preserve the life, limb or well-being of above named Athlete. I understand that I shall be fully responsible for, and agree to pay for, all costs and expenses incurred in connection with such medical services rendered to above named Athlete pursuant to this authorization. Should it be necessary for above named Athlete to return home due to medical reasons or otherwise, I agree to assume all transportation costs.

I acknowledge that I am signing this waiver freely and voluntarily. The term of this waver is enforceable so long as Athlete continue to participate in events at TWDA.

By signing below, I acknowledge that I have or will purchase an Amateur Athletic Union (AAU) Youth Athlete Membership for the named participant within two (2) days of signing this Waiver and will provide the participant’s AAU Member Number to CHERECHES SPORTS, LLC. For Lessons Divers, AAU Membership will be purchased as part of their lessons fee.

I HEREBY AFFIRM THAT I HAVE READ AND FULLY UNDERSTAND THE ABOVE STATEMENTS.