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LEGAL

Waiver & Release of Liability

Pool Angel waiver and release of liability agreement.

IN CONSIDERATION OF the risk of injury that exists while using Pool Angel MONITORING SERVICE (hereinafter the "Activity"); and

IN CONSIDERATION OF my desire to utilize said Activity and being given the right to utilize in same;

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and

I HEREBY release and forever discharge POOL ANGEL, located at 61 to 71 Templar Road Erskine Park NSW Australia 2759, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.

I AM VOLUNTARILY UTILIZING THE AFOREMENTIONED ACTIVITY AND I AM UTILIZING THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH UTILIZING THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY UTILIZATION OF THIS SERVICE.

I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific service on behalf of Releasees. In the event that I or any person, within the zone defined by the monitoring area should require medical care or treatment, I authorize Pool Angel to deploy all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel.

I UNDERSTAND that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. This agreement shall be construed in accordance with the laws of New South Wales, Australia.

I REPRESENT that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in this Activity, or else I agree to bear the costs of such injury or damage myself.

BY PURCHASING OR USING THE POOL ANGEL MONITORING SERVICE, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

Last updated: December 15, 2024