GLEN COVE SWIM CLUB, INC.

WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. BY ACCEPTING MEMBERSHIP, ACCESSING THE CLUB, OR USING THE FACILITIES, YOU AGREE TO THE TERMS BELOW, INCLUDING A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL CLAIMS.

In consideration for being permitted to obtain membership in, enter upon, access, or use the facilities, grounds, pool, amenities, programs, activities, and services of Glen Cove Swim Club, Inc. (“Glen Cove,” the “Club,” or the “Releasees”), the undersigned member, individually and on behalf of all family members, minor children, guests, invitees, and any other persons admitted to the Club under the member’s membership, agrees as follows:

1. ASSUMPTION OF RISK

The undersigned acknowledges and understands that the use of swimming pools and recreational facilities involves inherent and potentially dangerous risks, including but not limited to:

• Drowning;
• Slipping, tripping, or falling;
• Diving or swimming-related injuries;
• Injuries caused by pool equipment or facility conditions;
• Injuries caused by other members, guests, or patrons;
• Exposure to weather, heat, sunlight, or naturally occurring conditions;
• Physical injury arising from athletic or recreational activities;
• Illness, communicable disease exposure, or medical emergencies; and
• Permanent disability, paralysis, or death.

The undersigned voluntarily accepts and assumes all risks, known and unknown, associated with the use of the Club and its facilities, whether arising from ordinary negligence or otherwise.

The undersigned further acknowledges that:

• The Club is a seasonal recreational facility;
• Pool conditions and activities may vary from day to day;
• Lifeguards are present only during official operating hours and are not guarantees of safety;
• Parents and guardians remain fully responsible for supervising their children and guests at all times; and
• Compliance with all Club rules, lifeguard instructions, posted signage, and Board policies is mandatory.

2. RELEASE AND WAIVER OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE GLEN COVE SWIM CLUB, INC., ITS BOARD OF DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, LIFEGUARDS, VOLUNTEERS, AGENTS, CONTRACTORS, REPRESENTATIVES, AND AFFILIATES (COLLECTIVELY, THE “RELEASEES”) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, CAUSES OF ACTION, LOSSES, LIABILITIES, COSTS, OR EXPENSES OF ANY KIND ARISING OUT OF OR RELATED TO:

• Personal injury;
• Bodily injury;
• Emotional distress;
• Illness;
• Property damage;
• Loss of property;
• Permanent disability; or
• Death;

arising from or relating in any way to:

• Membership in the Club;
• Presence on Club property;
• Use of the pool or facilities;
• Participation in Club activities, swim team activities, parties, events, or social functions; or
• The acts or omissions of the Releasees, other members, guests, or third parties.

THIS RELEASE INCLUDES CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASEES.

However, nothing herein shall be construed to release claims arising from gross negligence, willful misconduct, or intentional acts to the extent such claims cannot legally be waived under Texas law.

3. RESPONSIBILITY FOR FAMILY MEMBERS, GUESTS, AND MEMBER-SPONSORED EVENTS

The undersigned agrees that he or she is fully responsible for:

• The conduct, supervision, and safety of all family members, minor children, guests, invitees, and other persons admitted to the Club under the member’s membership or sponsorship;
• Ensuring that all such persons comply with Club rules, posted signage, safety requirements, and lifeguard or management instructions;
• Any damages to Club property caused by such persons; and
• Any injuries, claims, losses, liabilities, or incidents arising from the actions or conduct of such persons.

The undersigned acknowledges that guest access is subject to Club policies and that guests enter and use the Club facilities at the member’s invitation and risk.

The undersigned further acknowledges and agrees that when sponsoring, reserving, organizing, hosting, or otherwise conducting a private party, event, gathering, rental, swim team function, social function, or other member-sponsored activity at the Club, the member assumes full responsibility for:

• All attendees, guests, vendors, contractors, entertainers, and invitees associated with the event;
• Compliance with all Club rules, rental policies, safety requirements, occupancy limits, and lifeguard instructions;
• Monitoring guest behavior and preventing unsafe, illegal, disruptive, or prohibited conduct;
• Any property damage, excessive cleaning, repairs, or losses arising from the event; and
• Any claims, injuries, liabilities, or damages arising from or related to the event or the conduct of attendees.

The undersigned agrees to defend, indemnify, and hold harmless the Releasees from and against any and all claims, demands, damages, liabilities, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of or related to any member-sponsored event or rental and the acts or omissions of attendees, guests, or third parties associated with such event.

The Club reserves the right to suspend, terminate, or revoke event privileges or membership privileges for violations of Club policies, unsafe conduct, property damage, excessive disruption, or failure to supervise guests appropriately.

4. MEDICAL AUTHORIZATION

In the event of a medical emergency involving the undersigned, a family member, or guest, the Club and its representatives may seek emergency medical treatment at their discretion.

The undersigned understands and agrees that:

• The Club has no obligation to provide medical treatment;
• Emergency response times may vary; and
• The undersigned is solely responsible for any medical expenses incurred.

5. PROPERTY LOSS

The undersigned acknowledges and agrees that the Club is not responsible for the theft, damage, or loss of any personal property, including but not limited to vehicles, bicycles, electronics, jewelry, bags, or other belongings brought onto Club property.

6. RULES AND FACILITY POLICIES

The undersigned agrees to abide by:

• All Club by-laws;
• All posted rules and regulations;
• Lifeguard and management instructions;
• Safety policies; and
• Any future rules adopted by the Board of Directors.

The undersigned understands that failure to comply may result in suspension or termination of membership privileges without refund in accordance with Club governing documents.

The undersigned specifically acknowledges that:

• No person may use the pool unless it is officially open and lifeguards are on duty, except as otherwise specifically authorized by the Club;
• Children must be supervised in accordance with Club rules;
• Failure to follow safety rules may result in removal from the premises; and
• The Club reserves the right to refuse admission or revoke privileges for unsafe, disruptive, or inappropriate conduct.

7. INDEMNIFICATION

The undersigned agrees to defend, indemnify, and hold harmless the Releasees from and against any and all claims, demands, liabilities, damages, judgments, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of or related to:

• The acts or omissions of the undersigned;
• The acts or omissions of the undersigned’s family members, guests, or invitees;
• Violations of Club rules or policies; or
• Damage to Club property caused by the undersigned or associated persons.

8. MINORS

The undersigned represents and warrants that he or she is at least eighteen (18) years of age and is legally authorized to execute this Agreement on behalf of himself or herself and any minor children covered under the membership.

The undersigned acknowledges that parents and guardians are solely responsible for supervising minors and ensuring compliance with all Club rules and safety requirements.

9. SWIM TEAM AND ATHLETIC PARTICIPATION ACKNOWLEDGMENT

The undersigned acknowledges that participation in swim team activities, swim practices, swim meets, conditioning, recreational swimming, diving activities, and related athletic events involves additional inherent physical risks, including but not limited to:

• Slips, falls, and collisions;
• Overexertion;
• Muscle strains and sprains;
• Head injuries;
• Concussions and traumatic brain injuries;
• Spinal injuries;
• Heat-related illness;
• Water-related injuries; and
• Serious bodily injury, permanent disability, or death.

The undersigned understands that participation in athletic and swimming activities is voluntary and assumes all risks associated with such participation for himself or herself and any participating minor children.

The undersigned certifies that any participating family member or minor child is physically capable of participating in swim activities and has no medical condition that would make participation unsafe, or that any such condition has been disclosed and appropriately managed.

The undersigned further acknowledges that:

• Glen Cove Swim Club does not provide medical insurance coverage for participants;
• Emergency medical care may not be immediately available;
• Coaches, lifeguards, volunteers, and staff are not medical professionals; and
• Any participant suspected of suffering a concussion, head injury, illness, or other medical condition may be removed from participation at the discretion of coaches, lifeguards, pool management, or Club representatives.

The undersigned agrees to immediately notify the Club of any medical condition, injury, restriction, or health concern that could affect safe participation in swim team or athletic activities.

The undersigned knowingly and voluntarily releases and waives any claims relating to participation in swim team or athletic activities to the fullest extent permitted under this Agreement and Texas law.

10. ELECTRONIC SIGNATURE AND DIGITAL ACCEPTANCE CONSENT

The undersigned agrees that acceptance of this Agreement by electronic means, including but not limited to:

• Checking an acknowledgment box;
• Clicking “I Agree,” “Accept,” “Submit,” or similar language;
• Completing online membership registration or renewal; or
• Using Club facilities after being presented with this Agreement,

shall constitute a valid and legally binding electronic signature and shall have the same force and effect as a handwritten signature.

The undersigned further agrees that electronic records maintained by Glen Cove Swim Club, Inc., including electronic acknowledgments, membership records, waivers, and timestamps, shall be admissible as evidence of acceptance of this Agreement.

The undersigned acknowledges that he or she has had the opportunity to review this Agreement in full before accepting it electronically.

11. SEVERABILITY

If any portion of this Agreement is determined to be invalid or unenforceable under applicable law, the remaining provisions shall remain in full force and effect.

12. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any dispute arising under this Agreement shall lie exclusively in Dallas County, Texas.

13. ACKNOWLEDGMENT

BY ACCEPTING MEMBERSHIP, CLICKING ACCEPTANCE ONLINE, SIGNING BELOW, OR ACCESSING THE CLUB FACILITIES, THE UNDERSIGNED ACKNOWLEDGES THAT HE OR SHE:

• HAS READ THIS AGREEMENT CAREFULLY;
• UNDERSTANDS ITS TERMS;
• UNDERSTANDS THAT CERTAIN LEGAL RIGHTS ARE BEING WAIVED;
• UNDERSTANDS THAT SWIMMING AND RECREATIONAL ACTIVITIES INVOLVE INHERENT RISKS; AND
• VOLUNTARILY AGREES TO BE LEGALLY BOUND BY THIS AGREEMENT.