Pre-School Swimming — Fall 2026

Participation Agreement / Acknowledgment of Risk / Waiver of Liability

In consideration of being allowed to participate in any way in MatchPoint NYC’s facilities, related events, programs, and activities, the undersigned acknowledges, appreciates, and agrees, on behalf of himself or herself and on behalf of a child participant to whom the undersigned is parent or guardian, that:

1. The risk of injury is significant, including the potential for accidents, injury, illness, permanent paralysis, death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and,
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (as defined in clause 6, below) or others, and assume full responsibility for my participation; and,
3. I further acknowledge and willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest MatchPoint NYC official and/or employee immediately; and,
4. I further acknowledge and assume all of the risks of injuries associated with participation in any of MatchPoint NYC’s facilities, related events, programs, and activities including, but not limited to, falls, contact with other participants, the effects of the weather, including high heat and/or humidity, and all other such risks being known and appreciated by me; and,
5. I further hereby acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with participation in MatchPoint NYC’s facilities, related events, programs, and activities. I further acknowledge that I am physically fit and mentally capable of performing the physical activity I choose to participate in; and,
6. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS MatchPoint NYC its officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law; and,
7. I hereby state and certify that I am and/or the child for whom I am signing is physically fit and mentally capable of performing the activity that I choose to participate in MatchPoint NYC’s facilities, related events, programs, and activities; and,
8. I acknowledge that by choosing to enroll myself or the child for whom I am signing in MatchPoint NYC’s facilities, related events, programs, and activities I agree to furnish MatchPoint NYC with appropriate medical exams and/or records for conditions that may restrict my or the child participant’s ability to participate in MatchPoint NYC’s facilities, related events, programs, and activities. Furthermore, in the event that I am and/or the child for whom I am signing is involved in an accident and/or injured while participating in MatchPoint NYC’s facilities, related events, programs, and activities, and an emergency contact person cannot be reached, I grant MatchPoint NYC the authority and/or permission to obtain medical attention if necessary, for which I will be financially responsible; and,
9. I grant MatchPoint NYC the absolute right and permission to use, publish, broadcast and copyright any and all materials done in connection with MatchPoint NYC, including mine and the child participant’s voice recording, name, picture, likeness, any material based on or derived there from in any matter or media whatsoever for purposes of advertising or trade in publicizing and/or selling products and events; and,
10. I hereby grant MatchPoint NYC permission expressly consenting to being sent any future notifications including disclosures in electronic form of communication, including but not limited to e-mail and SMS (text messaging), and also by telephone and in paper form.
11. I acknowledge the contagious and dangerous nature of COVID-19, also known as “coronavirus”; I acknowledge my responsibility as an individual and as a parent/guardian to follow current and future safety regulations and guidelines relating to COVID-19 such as but not limited to “social distancing”; I acknowledge that I or my child might be exposed to COVID-19 at any time or in any place; I acknowledge and accept that I or my child might be exposed to COVID-19 from the actions, omissions, or negligence of myself and others, including, but not limited to, MatchPoint NYC staff; I acknowledge and agree that this waiver of liability / release includes any claims based on the actions, omissions, or negligence of MatchPoint NYC, its staff, agents, and representatives, whether a COVID-19 infection occurs before, during, or after my or the participating child’s involvement in any activities at MatchPoint NYC or on MatchPoint NYC property.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.