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Release of Liability, Waiver of Claims & Assumption of Risk

APEX Swim School
A Division of Apex Enrichment Academy Ltd.

Effective Date: May 1, 2026
Last Updated: May 1, 2026

IMPORTANT NOTICE

By selecting “I Agree” during registration, you are entering into a legally binding agreement. You are waiving certain legal rights, including the right to sue.

1. Parties

This agreement is between:

  • Apex Enrichment Academy Ltd., operating as APEX Swim School

  • Its owners, directors, officers, employees, instructors, contractors, volunteers, agents, and representatives (collectively referred to as “APEX”)

  • The participant and the parent/legal guardian completing registration

2. Acknowledgment of Inherent Risks

I acknowledge that participation in swimming and aquatic activities involves significant inherent risks, including but not limited to:

  • Drowning or near-drowning

  • Slips, falls, and impact injuries on wet surfaces

  • Physical injury, illness, or medical emergencies

  • Equipment failure or misuse

  • Exposure to waterborne or communicable illnesses

  • Actions or negligence of other participants

I understand that these risks may result in serious injury or death, even when reasonable precautions are taken.

3. Assumption of Risk

I voluntarily allow my child to participate and freely accept and assume all risks, both known and unknown, foreseeable and unforeseeable, associated with participation.

4. Release of Liability

To the fullest extent permitted by law, I hereby release, waive, and discharge APEX from any and all claims, demands, damages, losses, or liability arising from:

  • Personal injury, illness, or death

  • Property damage or loss

  • Any incident occurring during or related to participation

This includes claims arising from the negligence of APEX, except where prohibited by law.

5. Indemnification and Hold Harmless

I agree to indemnify and hold harmless APEX from any claims, actions, or legal proceedings brought by or on behalf of:

  • My child

  • Any third party

arising from participation in APEX Swim School programs.

6. Medical Authorization and Emergency Care

I authorize APEX staff to:

  • Provide first aid and emergency assistance

  • Contact Emergency Medical Services (911)

  • Arrange medical treatment if I cannot be reached

I accept full responsibility for all medical expenses incurred.

7. Health Declaration and Disclosure

I confirm that I have provided complete and accurate information regarding my child’s:

  • Medical conditions

  • Allergies

  • Medications

  • Physical or behavioural considerations

I understand that failure to disclose relevant information may increase risk and affect the safety of participation.

8. Supervision and Responsibility

I understand and agree that:

  • Supervision is provided only during scheduled lesson times

  • I am responsible for my child before and after lessons, including in all facility areas

  • Children must not be left unattended outside of lesson time

9. Rules, Conduct, and Safety Compliance

I agree that my child will:

  • Follow all pool rules and safety instructions

  • Act in a respectful and safe manner

APEX reserves the right to remove any participant for unsafe behaviour without refund.

10. Photo and Media Consent

APEX Swim School may take photos or videos for promotional or educational purposes.

Consent is managed separately during registration and may be withdrawn in writing at any time.

11. Payment and Program Policies

I confirm that I have read and agree to all APEX Swim School policies, including:

  • Payment & Membership Policy

  • Withdrawal and no refund policy

  • Billing terms and processing fees

12. Limitation of Liability

To the maximum extent permitted by law, APEX shall not be liable for:

  • Indirect or consequential damages

  • Loss of personal property

  • Interruptions, cancellations, or changes to programs

13. Severability

If any portion of this agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.

14. Governing Law and Jurisdiction

This agreement shall be governed by the laws of the Province of Nova Scotia and the laws of Canada applicable therein.

Any legal proceedings shall be brought exclusively within Nova Scotia.

15. Electronic Consent and Agreement

By selecting “I Agree” and completing registration, I confirm that:

  • I am the parent or legal guardian of the participant

  • I have read and fully understood this agreement

  • I understand that I am waiving legal rights, including the right to sue

  • I agree to all terms voluntarily

  • This electronic acceptance is legally binding and equivalent to a handwritten signature

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