WAXHAW-MARVIN SWIM AND TENNIS CLUB

WAIVER AND RELEASE OF LIABILITY AGREEMENT

updated: March 2025

PLEASE READ CAREFULLY. 

This document affects your legal rights and is legally binding. By clicking the acknowledge button required on your membership form, you are signing and agreeing to this waiver for yourself and any household members, including minors, listed on your membership.

As an all-volunteer-run organization, the Waxhaw-Marvin Swim and Tennis Club relies on the active participation of each member to ensure the safety, well-being, and continued success of the club and its facilities. Each member is an integral part of maintaining a safe environment, and we ask that you approach the club's operations with the responsibility of an owner of the facilities.

ASSUMPTION OF RISK

We acknowledge and agree that any use of the Waxhaw-Marvin Swim and Tennis Club’s facilities, services, equipment, and premises (collectively referred to as “Facilities”), as well as any participation in activities such as swimming, tennis, and other club events (collectively referred to as “Programs”), involves inherent risks, including but not limited to:

• Personal injuries, including moderate to severe injuries such as diving board or slide injuries
• Drowning or near-drowning incidents resulting from accidents in or around the pool
• Property damage, including damage to personal property, club equipment, or the premises
• Disability
• Death
• Illness, disease, including but not limited to waterborne illnesses and sun or heat-related illnesses
• Slips, trips, or falls, particularly on wet surfaces such as the pool deck or tennis courts, which could result in strains, sprains, or more severe injuries

To mitigate these risks, the club has implemented several safety measures, including:

• Emergency response equipment, such as first aid kits, life-saving devices, and rescue equipment for the pool area
• Established rules and regulations designed to promote safety, including specific rules for minors and proper facility use
• Visible signage around the facility to communicate safety guidelines
• Regular inspections and maintenance of the pool and tennis courts, ensuring all areas remain in safe, operational condition

Even with safety measures in place, we voluntarily accept and assume full responsibility for any injuries, damages, or other consequences arising from inherent risks of using the facility, including any risks not specifically listed.

We acknowledge that we, or our minor child(ren), do not have any medical conditions that may increase the risks associated with swimming, tennis, or any other club activities. We agree to notify the club of any such conditions before participation.

WAIVER, RELEASE, INDEMNIFICATION & COVENANT NOT TO SUE

In consideration of the use of Facilities and participation in Programs, we, the undersigned, agree that Waxhaw-Marvin Swim and Tennis Club, its board members, employees, volunteers, agents, insurers, and representatives (“Releasees”) shall not be held liable for any personal injury, property damage, disability, death, illness, disease, or accident incurred by myself, my family members, dependents, or guests, including minors, whether caused by negligence or otherwise.

We understand that we alone are responsible for any loss or damage, including personal injury, property damage, disability, death, sickness, or disease sustained while using the Facilities or participating in Programs.

We further agree, on behalf of ourselves and any and all legal successors or representatives, to release, waive, and covenant not to sue the Releasees from any claims, suits, or demands arising from personal injury, property damage, disability, death, illness, disease, or accidents, whether or not supervised, and including but not limited to claims of negligence.

Additionally, by participating in activities at the Waxhaw-Marvin Swim and Tennis Club, we agree to indemnify, defend, and hold harmless the Releasees from and against any claims, damages, liabilities, or expenses arising from our own negligence or the negligence of our guests while using the Facilities or participating in Programs. 

ADDITIONAL LIABILITY AND RESPONSIBILITIES OF MEMBERS

As part of your personal responsibility, each member should carry their own private health insurance to protect their own well-being and the well-being of their family members. This coverage is not only essential for your protection but also ensures the protection of the club and its facilities, which are available for the enjoyment of members who pay the facilities use fees.

By participating in the activities and using the facilities at the Waxhaw-Marvin Swim and Tennis Club, you acknowledge and agree that you, as a member, play a critical role in ensuring the safety of yourself, your family, and the club as a whole. Your actions and decisions impact the overall experience for all members and guests.

SUPERVISION OF MINORS

If signing on behalf of a minor or dependent, we acknowledge that we are legally responsible for ensuring their safety and adherence to all club rules. We understand that North Carolina law may limit the enforceability of liability waivers signed on behalf of minors. However, we agree to assume full responsibility for our child’s participation and to take all reasonable precautions to ensure their safety, including providing appropriate supervision based on their age and ability and ensuring compliance with all posted rules and guidelines. We further acknowledge that the club, its staff, and its representatives are not responsible for continuously monitoring our child’s activities and that ultimate responsibility for their safety and well-being rests with us as their parent or guardian.

RULES COMPLIANCE

We agree to follow all posted Waxhaw-Marvin Swim and Tennis Club rules and regulations. We further understand that lifeguards, pool staff and board members have the authority to enforce rules and regulations for the safety and comfort of all members and we will respect this authority, even and especially when the staff member or lifeguard is a minor. We understand that failure to comply may result in loss of membership privileges without refund.

LIFEGUARDS

We understand that the Waxhaw-Marvin Swim and Tennis Club operates as a "no lifeguard" pool when lifeguards are not on active supervising duty. Lifeguards are certified in CPR, first aid, and water safety and available to respond to emergencies. We acknowledge they are also tasked with maintenance duties and other jobs around the pool, may not be providing active and constant pool supervision. When no lifeguards are present on the stands, the pool operates as a "no lifeguard" pool, regardless if the lifeguards are present at the facility. 

Therefore, we accept responsibility for ensuring safety and compliance with pool rules, especially for minors in our care. While lifeguards are trained and equipped to handle emergencies, whether on active duty or not, no level of training or equipment can fully prevent all risks, and we assume full responsibility for our household, minors in our care and our guests.

SEVERABILITY

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

ACKNOWLEDGMENT AND SIGNATURE

By checking the acknowledge button required on my membership form, we acknowledge that all adults and capable members of our household listed on our membership have read this waiver, understand its terms, and voluntarily agree to its conditions. We understand that we are waiving legal rights, including the right to sue.