Water Safety Monitor Service Agreement & Liability Waiver

Prepared for SwimTec

WATER SAFETY MONITOR SERVICE AGREEMENT

ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT

This Water Safety Monitor Service Agreement (“Agreement”) is entered into by and between SwimTec (“Company”) and the undersigned Client (“Client”) for services performed at the property and event identified below.

By signing this Agreement, Client acknowledges and agrees to the following terms and conditions:

1. DESCRIPTION OF SERVICE

SwimTec provides a “Water Safety Monitor” service for private events and gatherings involving swimming pools or aquatic environments.

The Water Safety Monitor is present solely to observe general pool activity, encourage safe behavior, and contact emergency services (911) if deemed necessary.

THE WATER SAFETY MONITOR SERVICE IS NOT A LIFEGUARD SERVICE.

Client understands and agrees that:

• Water Safety Monitors are not certified lifeguards unless separately stated in writing;

• SwimTec does not represent or guarantee aquatic rescue services;

• SwimTec does not guarantee prevention of injury, drowning, death, or other emergencies;

• The presence of a Water Safety Monitor does not make swimming activities safe;

• Swimming and aquatic activities remain inherently dangerous activities.

2. NO GUARANTEE OF SUPERVISION OR RESCUE

Client acknowledges and agrees that neither SwimTec nor the assigned Water Safety Monitor guarantees:

• continuous observation of every swimmer;

• prevention of accidents or injuries;

• successful rescue efforts;

• medical treatment;

• CPR administration;

• first aid services; or

• emergency response outcomes.

Any actions taken by the Water Safety Monitor during an emergency shall be voluntary and discretionary and shall not create any legal duty or guarantee of outcome.

3. CLIENT RESPONSIBILITIES

Client agrees that:

• the property owner and/or event host shall remain fully responsible for all guests, swimmers, minors, and pool conditions at all times;

• a responsible adult shall remain on-site for the duration of the event;

• the Client retains full responsibility for supervision of children and guests;

• the Client shall maintain any homeowner’s or liability insurance deemed appropriate;

• the Client shall comply with all applicable Florida laws and local safety regulations.

Client understands that hiring a Water Safety Monitor does not transfer responsibility for swimmer safety to SwimTec.

4. ASSUMPTION OF RISK

Client knowingly and voluntarily assumes all risks associated with swimming, aquatic activities, and pool use, including but not limited to:

• drowning;

• slips and falls;

• spinal injuries;

• paralysis;

• death;

• medical emergencies;

• unsafe guest behavior; and

• injuries caused by other participants or environmental conditions.

Client further acknowledges that these risks may exist even when a Water Safety Monitor is present.

5. RELEASE OF LIABILITY

To the fullest extent permitted under Florida law, Client hereby releases, waives, discharges, and covenants not to sue SwimTec, its owners, officers, employees, contractors, agents, representatives, and Water Safety Monitors from any and all claims, liabilities, demands, damages, causes of action, losses, costs, or expenses arising out of or relating to:

• personal injury;

• wrongful death;

• drowning;

• property damage;

• medical expenses;

• emotional distress; or

• any incident occurring during or related to the event.

This release applies regardless of whether such claims arise from alleged failure to act by SwimTec or the Water Safety Monitor.

6. INDEMNIFICATION

Client agrees to defend, indemnify, and hold harmless SwimTec and its representatives from and against any claims, lawsuits, damages, liabilities, costs, or attorney’s fees arising from:

• the event;

• guest conduct;

• swimmer conduct;

• pool conditions;

• alcohol or substance use by attendees;

• injuries or deaths occurring at the property; or

• any claim brought by guests, invitees, minors, or third parties.

7. NO AQUATIC LIABILITY COVERAGE PROVIDED

Client understands and acknowledges that no aquatic liability coverage or lifeguard liability coverage is provided by SwimTec or the individual Water Safety Monitor for the event.

Client accepts full responsibility for all risks associated with aquatic activities conducted at the property.

8. MEDIA AND PHOTOGRAPHY

No photography, video recording, or media involving the Client, guests, or event may be used by SwimTec without prior written permission from the Client.

9. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.

Any disputes arising from this Agreement shall be resolved exclusively in the courts located within the State of Florida.

10. SEVERABILITY

If any portion of this Agreement is determined unenforceable under applicable law, the remaining provisions shall remain in full force and effect.

11. ACKNOWLEDGMENT

BY SIGNING BELOW, CLIENT ACKNOWLEDGES THAT THEY HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT THEY ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, AND SIGN IT FREELY AND VOLUNTARILY.

EVENT INFORMATION