I, the undersigned, have voluntarily enrolled in the adult masters swimming program (the “Program”) offered by Fresno Area Manatee Masters, Inc. and agree to be bound by the terms of this agreement (the “Agreement”).  I recognize and understand that physical exercise can be strenuous and subject to the inherent risk of serious injury to myself and others.  I attest and verify that I am participating in the Program, which may include but not be limited to group workout swimming sessions, at my own risk.  I certify that I am physically and mentally healthy and have no condition that will put me at risk while participating in the Program.  I am further aware that serious health issues may arise as the result of strenuous physical exercise, and hereby acknowledge that I am advised to consult a physician or other medical professional before starting the Program.

I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in this Program offered by Fresno Area Manatee Masters, Inc.  I understand and agree that the health and fitness activities I will be engaging in as part of the Program may lead to injury or illness, including but not limited to hazards created by the swimming pool environment, falls or strains that may occur, heart attacks, muscle strains or pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees back or foot, other natural hazards and resulting injuries, including the possibility of death.  I understand that it is my option to participate or not participate in the Program activities.  I, therefore, accept the risks to myself, and I agree to use the required level of caution at all times in connection with the Program.  I understand that any costs for medical or other expenses incurred by or for me while participating in the Program are my responsibility and will not be paid for by Fresno Area Manatee Masters, Inc., or any of their employees, contractors, or agents, employees or any other party related to Fresno Area Manatee Masters, Inc.

I, the undersigned, intending to be legally bound hereby for myself, my heirs, executors, and administrators, waive and release any and all rights and claims for losses and damages, I may have against the instructor, his or her agents, associates, or employees, for any and all injuries suffered by me in connection with the Program.  I further release Fresno Area Manatee Masters, Inc., its employees, contractors, and agents to the full extent of the law from any and all liability for personal injury, property damage or loss from negligence, and any and all other actions or omissions arising from or related to the activities covered by this Agreement.

If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.

I, the undersigned, acknowledge that I have carefully read this waiver and release and fully understand that it is a release of liability.  I agree to voluntarily give up any right that I may otherwise have to bring a legal action against Fresno Area Manatee Masters Inc.  By signing this release, I am releasing Fresno Area Manatee Masters Inc. from any liability for injury, illness or death resulting from ordinary negligence of Fresno Area Manatee Masters Inc.