The Swimming Pool Liability Waiver is a crucial risk management document for any facility operating a swimming pool in Canada. It serves to protect pool operators and owners from potential liability claims while ensuring participants are fully informed of the inherent risks associated with swimming activities. This document is essential for compliance with provincial occupiers' liability laws, public health regulations, and industry standards. It should be used before allowing any individual to participate in swimming activities, whether for recreational purposes, lessons, or organized programs. The waiver includes comprehensive risk disclosures, medical authorization provisions, and specific considerations for both adult participants and minors. It's particularly important given the Canadian legal framework regarding liability and the duty of care required from facility operators.
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1. Parties: Identifies the swimming pool facility operator/owner and the participant signing the waiver, including their contact information and legal capacity to enter into the agreement
2. Background: Brief context explaining the purpose of the waiver and the nature of swimming pool activities covered
3. Definitions: Clear definitions of key terms used in the waiver, such as 'Facilities', 'Activities', 'Claims', and 'Released Parties'
4. Acknowledgment of Risks: Detailed description of the inherent risks associated with swimming pool activities, including potential for injury or death
5. Assumption of Risks: Statement that the participant voluntarily accepts and assumes all risks associated with the activities
6. Waiver and Release: Core section where the participant waives their right to sue and releases the facility from liability for injuries or damages
7. Indemnification: Participant's agreement to indemnify the facility against any claims arising from their use of the pool
8. Medical Authorization: Authorization for emergency medical treatment if needed
9. Declaration of Fitness: Participant's confirmation of physical fitness and ability to participate in swimming activities
10. Governing Law: Specification that the waiver is governed by Canadian law and the specific provincial jurisdiction
11. Severability: Clause stating that if any portion of the waiver is found invalid, the remainder stays in effect
12. Acknowledgment: Confirmation that the participant has read, understood, and voluntarily agrees to the waiver terms
1. Photography Consent: Optional section for consent to take and use photographs, particularly relevant for public pools or facilities that may use images for promotional purposes
2. Competition Participation: Additional terms specific to participation in swimming competitions or events, used when the facility hosts such activities
3. Equipment Usage: Specific terms regarding the use of pool equipment or training devices, relevant for facilities offering such equipment
4. Group Activities: Additional terms for participation in group lessons or activities, used when the facility offers such programs
5. COVID-19 or Health Emergency Provisions: Special terms related to health emergencies or pandemics, added when specific health risks need to be addressed
6. Parent/Guardian Additional Terms: Additional provisions specific to parents/guardians signing on behalf of minors
1. Schedule A - Pool Rules and Regulations: Detailed list of facility rules, safety guidelines, and proper conduct expectations
2. Schedule B - Emergency Procedures: Overview of emergency protocols and procedures that participants should be aware of
3. Schedule C - Health Questionnaire: Medical history and health information form to identify any relevant health conditions
4. Appendix 1 - Specific Risk Acknowledgment: Detailed list of specific risks that must be initialed individually by the participant
5. Appendix 2 - Parent/Guardian Consent Form: Additional form required for participants under the age of majority
Authors
Relevant legal definitions
Clauses
Relevant Industries
Recreation and Sports
Education
Hospitality
Municipal Services
Health and Fitness
Tourism
Property Management
Insurance
Youth Services
Relevant Teams
Legal
Operations
Risk Management
Aquatics
Guest Services
Safety and Compliance
Facility Management
Recreation Programming
Administrative Services
Customer Relations
Relevant Roles
Recreation Facility Manager
Aquatics Director
Risk Management Officer
Legal Compliance Officer
Operations Manager
Program Coordinator
Swimming Pool Supervisor
Safety Coordinator
Membership Services Manager
Recreation Department Director
School Athletics Director
Hotel Operations Manager
Insurance Claims Manager
Facility Maintenance Manager
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