Lake Forest Lightning

ATLANTA SWIM ASSOCIATION

Release of Liability and Indemnification Form

Participant Name(s): _____________________________ _____________________________

_____________________________ _____________________________

I, the undersigned parent or legal guardian, hereby verify that the information above is correct and hereby request voluntary participation for the above named swimmer(s) (the “Participant”) to participate in certain events and activities sponsored, coordinated, or organized by ASA or CCS (collectively, the “ASA Programs”). In consideration of the Participant being allowed to participate in the ASA Programs, the undersigned, individually and on behalf of the Participant and the undersigned’s spouse, heirs, successors, next of kin, personal and legal representatives, and permitted assigns, hereby acknowledges, understands, confirms, and agrees to the following:

1.This Release of Liability and Indemnification Form (this “Agreement”) is valid and will continue in full force and effect while the Participant is participating or otherwise involved in the ASA Programs and will survive thereafter.

2.I consent to the Participant’s participation in the ASA Programs and acknowledge that the Participant and I fully understand that such participation may involve risk of serious injury, illness and/or death, including, without limitation, permanent disability and losses or damages which may result not only from the Participant’s or my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of third parties (including the Releasees), the condition of the facilities, equipment, or areas where any ASA Program is being conducted or held, and/or the rules of play of the ASA Programs. While particular rules, equipment, and personal discipline may reduce or mitigate such risk, such risk to the Participant will always be present. I understand that if I have (or the Participant has) any risk concerns, I should discuss the risks associated with the Participant’s participation with authorized representatives of ASA or CCS before I sign this Agreement and before the Participant begins participating in the ASA Programs.

3.I knowingly and freely assume all risks, both known and unknown, even if arising from the negligence of the Releasees or others, and assume full responsibility for the participation of the Participant in the ASA Programs. I acknowledge that participating in the ASA Programs involves strenuous physical activity. All exercises, workouts, training, and activities that are part of the ASA Programs are at the Participant’s sole risk.

4.In consideration of allowing the Participant to participate in the ASA Programs, I hereby release and hold harmless Atlanta Swim Association, LLC (“ASA”) and Capital City Sports, Inc. (“CCS”), and each of their affiliates, officers, directors, managers, members, partners, shareholders, volunteers, employees, agents, counsel, and representatives, and all sponsors, other participants, facility and equipment owners and lessees, advertisers, and other persons involved in the ASA Programs (collectively, the “Releasees”), of and from, and do hereby discharge and waive, any and all claims, actions, demands, causes of action, proceedings, losses, damages, liabilities, costs, and expenses of whatever kind or nature (collectively, “Losses”) that the Participant may have, sustain, or incur with respect to any and all damage, illness, disability, death and/or injury, of any type, arising out of or incident to the Participant’s involvement or participation in the ASA Programs, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law.

5.I have reviewed and fully understand the concussion information set forth on Exhibit A attached hereto and incorporated herein by this reference.

6.I agree to fully comply with all rules, instructions, procedures, and guidelines of ASA and CCS and all customary terms and conditions for participation in the ASA Programs. If I have any concern (or observe any unusual signs or indications) in the readiness of the Participant for participation in the ASA Programs, I will immediately remove the Participant from participation and bring such issue to the attention of the nearest ASA Program official.

7.ASA and CCS have urged the Participant to obtain a physical examination from a licensed health care professional before using any pool or exercise equipment or participating in any ASA Program. I hereby certify that the Participant is in good health and has no physical or mental condition that would prevent participation in the ASA Programs. I agree to use the Participant’s personal medical insurance as a primary medical coverage payment if accident or injury occurs. I consent to emergency medical treatment in the event such care is required.

8.I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that the Participant, my family (including children), and I may be exposed to or infected by COVID-19 while onsite at any ASA Program or ASA or CCS events, and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. I understand that the risk of becoming exposed to or infected by COVID-19 at any ASA Program or ASA or CCS events may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the Releasees. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury, illness, permanent disability, death, damage, and/or Losses that the Participant, my family (including children), or I may experience, sustain, or incur in connection with any attendance at any ASA Program or ASA or CCS events (collectively, “Claims”). I hereby release, covenant not to sue, discharge, and hold harmless the Releasees of and from the Claims, including all Losses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of any Releasees and whether a COVID-19 infection occurs before, during, or after participation in any ASA Program or ASA or CCS events.

9.I agree that this Agreement extends to all acts of negligence by the Releasees and is intended to be as broad and inclusive as is permitted by law and that if any portion thereof is held invalid, illegal, or unenforceable, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect and such invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement. This Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the court or other tribunal making such determination is authorized and instructed to modify this Agreement so as to effect the original intent of the parties as closely as possible so that the waivers, releases, assumptions, and other matters contemplated herein are effectuated as originally contemplated to the fullest extent possible.

10.I represent and warrant that: (a) I am the lawful parent or legal guardian of the Participant, (b) I have full authority to consent to the Participant’s participation in the ASA Programs, (c) I am authorized to execute this Agreement on behalf of the Participant, and (d) no other person’s authorization or consent is required to execute this Agreement or grant the rights herein.

11.I further represent and warrant that: (a) I have read this Agreement, (b) I fully understand and agree to all terms and provisions herein, (c) I have had all my questions answered to my satisfaction, (d) I have had an opportunity to review this Agreement with an attorney, (e) I understand that the Participant has the choice of not participating in the ASA Programs, (f) the Participant and I have given up substantial rights by signing this Agreement, and (g) I am signing this Agreement freely and voluntarily without any inducement.

12.This Agreement shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by an authorized representative of ASA or CCS. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

EXHIBIT A

Concussion Awareness

Parent/Participant Concussion Information Sheet: A concussion is a type of traumatic brain injury that changes the way the brain normally works. A concussion is caused by a bump, blow, or jolt to the head or body that causes the head and brain to move rapidly back and forth. Even a “ding,” “getting your bell rung,” or what seems to be a mild bump or blow to the head can be serious.

WHAT ARE THE SIGNS AND SYMPTOMS OF CONCUSSION?

Signs and symptoms of a concussion can show up right after the injury or may not appear or be noticed until days or weeks after the injury. If an athlete reports one or more symptoms of a concussion listed below after a bump, blow, or jolt to the head or body, he or she should be kept out of play the day of the injury and until a health care professional, experienced in evaluating for concussions, says he or she is symptom-free and it is okay to return to play.

Did You Know?

• Most concussions occur without loss of consciousness.
• Athletes who have, at any point in their lives, had a concussion have an increased risk for another concussion.
• Children and teens are more likely to get a concussion and take longer to recover than adults.

SIGNS OBSERVED BY COACHING STAFF SYMPTOMS REPORTED BY ATHLETES

• Appears dazed or stunned
• Headache or “pressure” in head
• Is confused about assignment or position
• Nausea or vomiting
• Forgets an instruction
• Balance problems or dizziness
• Is unsure of game, score, or opponent
• Double or blurry vision
• Moves clumsily
• Sensitivity to light
• Answers questions slowly
• Sensitivity to noise
• Loses consciousness (even briefly)
• Feeling sluggish, hazy, foggy, or groggy
• Shows mood, behavior, or personality changes
• Concentration or memory problems
• Cannot recall events prior to hit or fall
• Confusion
• Cannot recall events after hit or fall
• Just not “feeling right” or “feeling down”

CONCUSSION DANGER SIGNS

In rare cases, a dangerous blood clot may form on the brain in a person with a concussion and crowd the brain against the skull. An athlete should receive immediate medical attention if after a bump, blow, or jolt to the head or body, he or she exhibits any of the following danger signs:

• One pupil larger than the other
• Is drowsy or cannot be awakened
• A headache that not only does not diminish, but gets worse
• Weakness, numbness, or decreased coordination
• Repeated vomiting or nausea
• Slurred speech
• Convulsions or seizures
• Cannot recognize people or places
• Becomes increasingly confused, restless, or agitated
• Has unusual behavior
• Loses consciousness (even a brief loss of consciousness should be taken seriously)

WHY SHOULD AN ATHLETE REPORT THEIR SYMPTOMS?

If an athlete has a concussion, his or her brain needs time to heal. While an athlete’s brain is still healing, he or she is much more likely to have another concussion. Repeat concussions can increase the time it takes to recover. In rare cases, repeat concussions in young athletes can result in brain swelling or permanent damage to their brain. They can even be fatal.

WHAT SHOULD YOU DO IF YOU THINK YOUR ATHLETE HAS A CONCUSSION?

If you suspect that an athlete has a concussion, remove the athlete from play and seek medical attention. Do not try to judge the severity of the injury yourself. Keep the athlete out of play the day of the injury and until a health care professional, experienced in evaluating for concussion, says he or she is symptom-free and it is okay to return to play. Rest is key to helping an athlete recover from a concussion. Exercising or activities that involve a lot of concentration, such as studying, working on the computer, or playing video games, may cause concussion symptoms to reappear or get worse. After a concussion, returning to sports and school is a gradual process that should be carefully managed and monitored by a health care professional. Remember, concussions affect people differently. While most athletes with a concussion recover quickly and fully, some will have symptoms that last for days, or even weeks. A more serious concussion can last for months or longer. It is better to miss one game than the whole season.

For more information on concussions, visit: https://www.cdc.gov/headsup/index.html.

I hereby verify that the information above is correct, and in consideration of the above named swimmer(s) being allowed to participate in any way in the Atlanta Swim Association, related events and activities (the ASA Programs"), the undersigned acknowledges, appreciates and agrees that: 1. The risk of injury from the activities involved in the ASA Programs is significant, including the potential for permanent disability and even death, and while particular rules, equipment and personal discipline may reduce the risk, the risk of serious injury to the Swimmer does exist; and 2. On behalf of Swimmer, myself and spouse, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF RELEASEES or others, and assume full responsibility for the participation of Swimmer in the ASA Programs; and 3. On behalf of Swimmer, I willingly agree to comply with the states and customary terms and conditions for participation in the ASA Programs. If I observe any unusual significant concern in the readiness of Swimmer for participation or in the ASA Programs, I will remove Swimmer from participation and bring such to the attention of the nearest official immediately, and 4. On behalf of Swimmer, myself, my spouse and our heirs, personal representatives and next of kin, I HEREBY RELEASE THE ATLANTA SWIM ASSOCIATION and CAPITAL CITY SPORTS, INC , its directors, officers, agents and/or employees, other participants, sponsoring agencies, facility owners and lessor, sponsors and advertisers (the "Releasees"), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property incident to Swimmer's involvement or participation in the ASA Programs, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law. 5. On behalf of Swimmer, myself, my spouse and our heirs, personal representatives and next of kin, I HEREBY INDEMNIFY AND HOLD HARMLESS ALL THE ABOVE Releasees from any and all liabilities incident to Swimmer's involvement or participation in the ASA Programs, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent permitted by law. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS AND HAVE HAD ALL MY QUESTIONS FULLY ANSWERED, FULLY UNDERSTAND THAT I HAVE THE CHOICE OF NOT PARTICIPATING IN THE ASA PROGRAMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

Parent/Athlete Concussion Information Sheet

A concussion is a type of traumatic brain injury that changes the way the brain normally works. A concussion is caused by bump, blow, or jolt to the head or body that causes the head and brain to move rapidly back and forth. Even a “ding,” “getting your bell rung,” or what seems to be a mild bump or blow to the head can be serious. WHAT ARE THE SIGNS AND SYMPTOMS OF CONCUSSION? Signs and symptoms of concussion can show up right after the injury or may not appear or be noticed until days or weeks after the injury. If an athlete reports one or more symptoms of concussion listed below after a bump, blow, or jolt to the head or body, s/he should be kept out of play the day of the injury and until a health care professional, experienced in evaluating for concussion, says s/he is symptom-free and it’s OK to return to play. Did You Know?  Most concussions occur without loss of consciousness.  Athletes who have, at any point in their lives, had a concussion have an increased risk for another concussion.  Children and teens are more likely to get a concussion and take longer to recover than adults. SIGNS OBSERVED BY COACHING STAFF SYMPTOMS REPORTED BY ATHLETES  Appears dazed or stunned  Headache or “pressure” in head Is confused about assignment or position  Nausea or vomiting  Forgets an instruction Balance problems or dizziness Is unsure of game, score, or opponent  Double or blurry vision  Moves clumsily  Sensitivity to light Answers questions slowly  Sensitivity to noise  Loses consciousness (even briefly)  Feeling sluggish, hazy, foggy, or groggy  Shows mood, behavior, or personality changes  Concentration or memory problems  Can’t recall events prior to hit or fall  Confusion  Can’t recall events after hit or fall Just not “feeling right” or “feeling down” CONCUSSION DANGER SIGNS In rare cases, a dangerous blood clot may form on the brain in a person with a concussion and crowd the brain against the skull. An athlete should receive immediate medical attention if after a bump, blow, or jolt to the head or body s/he exhibits any of the following danger signs:  One pupil larger than the other  Is drowsy or cannot be awakened  A headache that not only does not diminish, but gets worse  Weakness, numbness, or decreased coordination • Repeated vomiting or nausea  Slurred speech  Convulsions or seizures  Cannot recognize people or places  Becomes increasingly confused, restless, or agitated  Has unusual behavior  Loses consciousness (even a brief loss of consciousness should be taken seriously) WHY SHOULD AN ATHLETE REPORT THEIR SYMPTOMS? If an athlete has a concussion, his/her brain needs time to heal. While an athlete’s brain is still healing, s/he is much more likely to have another concussion. Repeat concussions can increase the time it takes to recover. In rare cases, repeat concussions in young athletes can result in brain swelling or permanent damage to their brain. They can even be fatal. WHAT SHOULD YOU DO IF YOU THINK YOUR ATHLETE HAS A CONCUSSION? If you suspect that an athlete has a concussion, remove the athlete from play and seek medical attention. Do not try to judge the severity of the injury yourself. Keep the athlete out of play the day of the injury and until a health care professional, experienced in evaluating for concussion, says s/he is symptom-free and it’s OK to return to play. Rest is key to helping an athlete recover from a concussion. Exercising or activities that involve a lot of concentration, such as studying, working on the computer, or playing video games, may cause concussion symptoms to reappear or get worse. After a concussion, returning to sports and school is a gradual process that should be carefully managed and monitored by a health care professional. Remember Concussions affect people differently. While most athletes with a concussion recover quickly and fully, some will have symptoms that last for days, or even weeks. A more serious concussion can last for months or longer. It’s better to miss one game than the whole season. For more information on concussions, visit: www.cdc.gov/Concussion. 

By agreeing to this waiver, you (the participant and parents if participant is under the age of 18) agree to adhere to the following Lake Forest swim team policies.

1. Refund Policy- 100% refund given before the close of registration (less processing fees). Post close of registration, fees will be refunded minus $15 per swimmer to cover cost of caps/t-shirt through the first week of practice. NO REFUNDS given after 1st week of practice.
2. Work Obligation- I understand that each family with a registered swimmer on the team has an obligation, per family, to work five (5) half meet shifts during the course of the season. I understand that if I do not work my assigned shift, my child/children will be ineligible to swim at the next meet. 1 shift must be a bullpen shift.
3. Non-Compliance Shift Responsibility- If I do not work an assigned shift at a meet, a $30 shift charge will be assessed and my child/children will not be allowed to swim until this fine has been paid.
4. Photography Release- I give my permission to use my child’s/children’s photographs in team publications, promotional materials, and the Lake Forest website.
5. Lake Forest HOA Dues- I understand that if I have not fully paid any past due or current Lake Forest HOA dues prior to May 3, 2021, my child/children will not be able to swim until I am current on my HOA dues.
6. Non-Resident Amenity Policy- I understand that my child/children may only use the Lake Forest pool facility during their swim team practice times and during our meets. Any other times the pool and all other Lake Forest amenities are reserved for the exclusive use of Lake Forest residents and their guests only. Swim team participation DOES NOT grant guest status to non-resident team members.

The 2021 Lake Forest Lightning Swim season will occur during a time when COVID-19 cases are still active. It is the decision of the swim family to participate on the team. While the swim board and coaches will work to help put protocols in place for a safe swim season, and encourage these protocols, the swim board and/or coaches are not responsible for ensuring  that any measure of COVID-19 prevention is enforced or followed. Individuals and families will be ultimately responsible for monitoring interactions and behaviors that may help prevent the spread of COVID-19 based upon the decisions that are best for their family. By signing below, I am acknowledging that I understand the above stated conditions. 

By signing this acknowledgement, I acknowledge that exposure to, or infection of, COVID-19 is not the fault of any member of the Lake Forest Lightning Swim Board, Lake Forest Lightning coaching staff, or Lake Forest neighborhood HOA. 

If your family should contract the virus, quarantine protocols, as stated by the CDC, will be required. 

Refunds will be issued to swimmers upon the cancellation of the season. They will be prorated if the season is cancelled after practice and meets have begun. By signing this acknowledgement you are agreeing to the refund procedures as stated.

I am agreeing to pay $150 in order to buy out of my volunteer requirements. I understand that this is due at time of registration. 

In order to streamline concession stand donations for the 2021 season, we are going to eliminate them and in place there will be a $4 fee. This will cover the "gatorade/soda" donations of the past and eliminate allow us to purchase the amounts of the items we need. Thanks for your understanding and cooperation with this change.

1. I am the parent or legal guardian of the minor child(ren) listed below.

2. In consideration of the Homeowners Association of Lake Forest, Inc. (the "Association") permitting my son/daughter to use the Association's facilities for swim instruction, I, the undersigned, release and forever discharge the Association, its members, officers, directors, employees and agents from any and all claims, costs, causes of action, and liabilities for personal injury or death, and damage to or destruction of property, arising from and/or during my son's/daughter's use of the facilities and surrounding Common Area. I assume all risks of injury to my son/daughter and have examined the condition of the facilities and surrounding Common Area, and warrant that same are in good working order and condition.

3. I, the undersigned, understand and acknowledge that the swim instructor is not an employee, agent, or contractor of the Association and that the Association, its members, officers, directors, employees and agents are not in any way whatsoever responsible for the swim instructor's action or inaction or any claims, costs, causes of action, or liabilities for personal injury or death, or damage to or destruction of property, arising from such instructor's action or inaction.

4. I, the undersigned, understand and acknowledge that I am a Member in good standing with the Association, or a guest of a Member in good standing with the Association, and have been invited to participate on one ofthe Association's competitive teams.

5. I, the undersigned, agree to indemnify, defend, and hold harmless the Association, its members, officers, directors, employees and agents from any and all injuries, damages, lawsuits and costs, including attorney's fees, which occur or arise as a result of any claim or injury or loss personally suffered at the Association's facilities and surrounding Common Area or any injury or loss suffered by a third party as a result of my son's/daughter's use of the Association's facilities and surrounding Common Area.

Swimmers that do not live within the Lake Forest neighborhood are subject to a non-residency fee. This fee is $15 per swimmer. If you do not live in the neighborhood, please complete the check box below.

Swimmers' Expectations:

I understand that my swimmer will be expected to maintain orderly conduct during swim practice and swim meets that allows to coaching staff and board to run safe and successful swim practiced and swim meets. Swimmers will be expected to follow the directions of the coaching staff and/or board members. If a swimmer's behavior impedes practice or meets, the swimmer will be addressed by a coach and/or board member. Once the swimmer has been addressed for unacceptable behavior once, the second situation will be parent involvement. If the swimmer cannot maintain proper behavior after two warnings, the coach and board have the ability to dismiss the swimmer from the team with no refunds.  

Parental Expectations:

As a parent of a swimmer:

 I understand that the board members are volunteers.

I understand that the coaching staff, while paid, are not to be addressed in a negative manner. Difficulties I may have with a coach will be addressed professionally. 

I understand that any concern I may have involving a student coach will need to be taken to the head coach or a board member, not addressed one-on-one with the student coach. 

I understand that discussions that involve children that are not my own will need to be handled in a private and respectful manner with a head coach or board member.

I understand that it is my job, as a parent, to manage my child's behavior before and after swim practice. The coaches will coach during my child's practice time slot, and outside of this time, I understand that it is my responsibility to make sure my child respects the other lessons being conducted.