AQUA S.T.A.R. SWIM LESSONS LTD.

Operating as “Aquastar Swim Lessons”
Aquastar.ca  |  info+waiver@aquastarcanada.com

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, INDEMNIFICATION AGREEMENT, AND PARTICIPANT CONSENT FORM

Applicable to All Services Provided by Aquastar Swim Lessons Across Canada

WARNING: BY SIGNING THIS AGREEMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, EVEN IN CASES OF NEGLIGENCE. READ CAREFULLY BEFORE SIGNING.

PART A: PLAIN-LANGUAGE SUMMARY

This summary highlights the key points of this Agreement. The full legal text below is the binding document. If there is any difference between this summary and the full text, the full text governs.

1.  You Are Giving Up the Right to Sue

By signing, you agree not to sue Aquastar Swim Lessons Ltd. or any of the Released Parties (defined below) for any injury, illness, death, or property loss arising from your participation in Aquastar services, even if caused by the negligence of Aquastar or its representatives.

2.  Risks You Accept

Aquatic activities carry real risks. These include, but are not limited to:

• Drowning, near-drowning, and aspiration of water
• Slips, falls, collisions, and physical injuries on pool decks or in water
• Aggravation of pre-existing injuries or medical conditions
• Reactions to pool chemicals or water temperature
• Equipment failure or malfunction
• Delayed emergency response
• Negligence by instructors, lifeguards, venue staff, or other participants

You choose to participate knowing and accepting these risks.

3.  Venue Conditions

Aquastar provides services at third-party venues including hotels, resorts, strata properties, and private residences. Aquastar does not own, operate, or control these facilities. You accept that Aquastar is not responsible for the condition, maintenance, safety, or equipment of any venue. Any concerns about venue conditions must be directed to the property owner or manager.

4.  Services Covered

This Agreement covers all services provided by Aquastar, including:

• Private 1:1 swim instruction for children and adults
• Water therapy and aquatic rehabilitation services
• Lifeguarding and aquatic supervision services
• Birthday parties and aquatic events held at hotel or partner facilities
• All related activities, assessments, demonstrations, and consultations

5.  Cancellations and Weather

Sessions cancelled with less than 24 hours’ notice by the client, or for which the client does not appear, are non-refundable. Aquastar reserves the right to cancel sessions due to unsafe weather, unsafe pool conditions, or other safety concerns. In such cases, Aquastar will reschedule the session at no additional charge. No monetary refunds are issued for weather or venue-related closures.

6.  You Are Responsible for Your Own Health

You confirm that you and the participant(s) listed are physically and mentally fit to participate in aquatic activities. You agree to disclose all relevant medical conditions or physical limitations prior to the start of services. Failure to disclose a known condition releases Aquastar from all related liability.

7.  Photo and Video Consent

Aquastar may photograph or record sessions for safety monitoring, training, and promotional purposes. By signing this Agreement, you grant Aquastar the right to use your likeness, and the likeness of any minor participant under your guardianship, in any lawful promotional or educational material, without compensation.

8.  Parents and Guardians

If you are signing on behalf of a minor participant, you agree to all terms on their behalf. You take full legal responsibility for the minor’s safety and conduct. You agree to indemnify Aquastar against any claim brought on the minor’s behalf.

9.  Disputes

Any dispute arising from this Agreement or Aquastar services will be governed by the laws of the province in which services were performed, and the federal laws of Canada applicable therein. You waive the right to participate in any class action proceeding against the Released Parties.

BY SIGNING THIS AGREEMENT, YOU CONFIRM YOU HAVE READ THIS SUMMARY AND UNDERSTAND ITS FULL LEGAL MEANING.

PART B: FULL LEGAL AGREEMENT

1.  DEFINITIONS

For the purposes of this Agreement, the following terms have the meanings set out below:

“Released Parties” means Aqua S.T.A.R. Swim Lessons Ltd., operating as Aquastar Swim Lessons, and all of its current and future affiliates, subsidiaries, parent companies, officers, directors, shareholders, employees, independent contractors, self-employed service providers, agents, insurers, successors, assigns, and all persons acting under their authority or on their behalf.

“Services” means all swim instruction, water therapy and aquatic rehabilitation, lifeguarding and aquatic supervision, birthday party and aquatic event services, assessments, orientations, demonstrations, consultations, and any other aquatic activity organized, facilitated, or delivered by or through the Released Parties, whether paid or unpaid, formal or informal.

“Premises” means all land, buildings, pool areas, pool decks, change rooms, hallways, parking areas, lobbies, and any other property at which Services are performed, whether owned, leased, or operated by a third party, including hotel and resort facilities, strata properties, private residences, and any other venue.

“Participant” means any individual receiving or participating in Services, including any minor on whose behalf a parent or guardian signs this Agreement.

“Agreement” means this Release of Liability, Waiver of Claims, Assumption of Risk, Indemnification Agreement, and Participant Consent Form, including all its parts and schedules.

2.  ASSUMPTION OF RISKS

I acknowledge and fully understand that participation in the Services involves inherent and unavoidable risks, both known and unknown, which may result in serious personal injury, illness, aggravation of pre-existing conditions, property damage, or death. These risks include, but are not limited to:

• Drowning, near-drowning, aspiration of water, and hypoxic events
• Slips, trips, and falls on wet pool decks, entry and exit points, or adjacent surfaces
• Collisions with pool walls, lane lines, equipment, or other persons
• Spinal, musculoskeletal, or head injuries
• Reactions to pool chemicals, water temperature, or water quality
• Aggravation of pre-existing injuries, medical conditions, or disabilities during water therapy or rehabilitation activities
• Equipment failure, including flotation aids, pool lifts, pool covers, or therapy tools
• Negligence, error in judgment, or omission by instructors, lifeguards, or venue personnel
• Delayed medical or emergency response
• Hazardous weather or environmental conditions affecting outdoor or semi-outdoor pools
• Conduct of other participants, guests, or third parties at the Premises

I voluntarily accept and assume all such risks, including those arising from negligence, gross negligence, equipment failure, environmental or venue conditions, breach of contract, or breach of any statutory duty of care by the Released Parties. I have had an adequate opportunity to seek legal advice prior to signing this Agreement and have chosen to sign it voluntarily.

3.  WAIVER AND RELEASE OF LIABILITY

BY SIGNING THIS AGREEMENT, YOU ARE WAIVING LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE EVEN FOR NEGLIGENCE.

To the fullest extent permitted by the laws of the applicable province or territory and the federal laws of Canada, I irrevocably waive, release, and forever discharge the Released Parties from any and all claims, demands, actions, causes of action, losses, costs, damages, or expenses of any kind, whether known or unknown, foreseen or unforeseen, arising out of or in connection with:

• My participation in the Services;
• My presence on the Premises;
• The use of any equipment, facilities, or pool area in connection with the Services;
• The acts, omissions, negligence, or gross negligence of any Released Party;
• Any condition of the Premises, including the condition, maintenance, or safety of any third-party facility;
• Any breach of contract or breach of any statutory or common law duty of care by the Released Parties.

This waiver applies whether the claim arises in tort, contract, statute, equity, or any other legal theory. I agree not to initiate, maintain, or assist in any legal proceeding against the Released Parties in respect of any matter covered by this Agreement.

4.  VENUE CONDITIONS

I acknowledge that Aquastar provides Services at Premises owned, operated, or controlled by third parties, including hotels, resorts, strata corporations, and private property owners. Aquastar does not own, manage, maintain, or control the condition of these facilities. I release the Released Parties from any liability arising from the physical condition, maintenance, safety standards, pool chemistry, equipment, signage, access, or operations of any third-party venue. I understand that any concerns about venue conditions are my responsibility to raise with the property owner, manager, or operator.

5.  HEALTH DISCLOSURE AND FITNESS DECLARATION

I certify that the Participant is physically and mentally fit to participate in the Services. I have disclosed to Aquastar, prior to the commencement of Services, all medical conditions, physical limitations, disabilities, allergies, or contraindications that may affect participation, including any conditions relevant to water therapy or aquatic rehabilitation. I understand that failure to disclose a known condition prior to commencement of Services releases Aquastar from all liability arising from or related to that condition. I accept full responsibility for any harm resulting from an undisclosed condition.

I understand that Aquastar instructors and lifeguards are not licensed medical professionals. Aquatic rehabilitation and water therapy services provided by Aquastar are not a substitute for professional medical advice, diagnosis, or treatment. I have obtained or will obtain independent medical clearance where appropriate.

6.  INDEMNIFICATION

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, losses, liabilities, damages, costs, and expenses, including legal fees, brought by me, the Participant, any minor under my guardianship, my estate, heirs, or any third party, arising from:

• My participation in the Services or presence on the Premises;
• My breach of this Agreement or any rules, policies, or instructions provided by Aquastar;
• The participation or conduct of any minor I have authorized to receive Services;
• My failure to disclose a relevant medical condition or limitation.

7.  CONDUCT AND REMOVAL POLICY

I agree that all participants, parents, and guardians must comply with all rules, instructions, and directions provided by Aquastar instructors, lifeguards, and venue staff at all times. The following conduct is prohibited:

• Aggressive, threatening, or abusive behaviour toward any Aquastar representative, venue staff, or other participant
• Participation under the influence of alcohol, cannabis, or any impairing substance
• Disregarding safety instructions from Aquastar personnel
• Endangering the safety of any participant, instructor, lifeguard, or bystander
• Any conduct that violates venue policies or applicable law

Aquastar reserves the right to terminate a session immediately and remove any individual from the Premises for a breach of these conduct standards, without refund. Repeated or serious breaches may result in permanent suspension of Services without notice.

8.  CANCELLATION AND WEATHER POLICY

Cancellations by the client with less than 24 hours’ written notice prior to a scheduled session are non-refundable. Sessions cancelled by the client with 24 or more hours’ notice will be rescheduled subject to availability. Sessions for which the client or participant does not appear are non-refundable. Aquastar reserves the right to cancel or postpone any session due to unsafe weather conditions, unsafe pool conditions, instructor unavailability due to emergency, or any other safety concern within Aquastar’s sole discretion. In such cases, the session will be rescheduled at no additional charge. No monetary refund will be issued for cancellations attributable to weather, venue conditions, or events beyond Aquastar’s control.

9.  MEDIA AND PHOTOGRAPH CONSENT

I grant the Released Parties a perpetual, royalty-free, worldwide licence to photograph, film, record, and use my name, likeness, image, voice, and statements, and those of any minor participant under my guardianship, for any lawful purpose including advertising, promotion, training, and education, without compensation to me or to the minor participant. I waive any right to review or approve materials in which my likeness or the minor’s likeness appears.

If you do not consent to the use of your or your child’s likeness for promotional purposes, you must notify Aquastar in writing prior to the commencement of Services. Aquastar will honour written opt-out requests but is not responsible for incidental footage captured during the course of safety monitoring.

10.  PERSONAL PROPERTY

I accept full responsibility for any personal property brought to the Premises. The Released Parties are not responsible for the loss, theft, or damage of any personal item, including clothing, valuables, equipment, or any item left in change rooms, vehicle, or anywhere on the Premises.

11.  EMERGENCY AUTHORIZATION

I authorize Aquastar personnel, in the event of an emergency, to take any action they deem necessary for the safety of the Participant, including contacting emergency services, administering first aid, or arranging emergency medical care. I understand that the cost of any emergency medical treatment is my sole responsibility. I agree to hold the Released Parties harmless for any action taken in good faith in an emergency.

12.  GOVERNING LAW, SEVERABILITY, AND CLASS ACTION WAIVER

This Agreement is governed by the laws of the province or territory of Canada in which the Services are performed, and the federal laws of Canada applicable therein. If the province or territory in which Services are performed is not determinable, the laws of British Columbia govern.

If any provision of this Agreement is found to be invalid, unenforceable, or void by a court of competent jurisdiction, that provision shall be severed, and the remainder of the Agreement shall continue in full force and effect. The invalidity of one provision does not affect the validity of any other provision.

I waive any right to commence, join, or participate in any class action, representative action, or collective proceeding against the Released Parties in connection with any matter covered by this Agreement. All claims must be brought on an individual basis.

13.  BINDING EFFECT

This Agreement binds me, my heirs, executors, administrators, personal representatives, legal successors, and assigns. It survives the termination of Services and applies to all future interactions with the Released Parties unless expressly superseded in writing by an authorized officer of Aquastar Swim Lessons Ltd.

14.  PARENT AND GUARDIAN CONSENT FOR MINOR PARTICIPANTS

If the Participant has not reached the age of majority in the province or territory where Services are performed (19 years of age in British Columbia and Nova Scotia; 18 years of age in all other provinces and territories), this Agreement must be signed by the Participant’s parent or legal guardian.

By signing below, the parent or legal guardian:

• Agrees to all terms of this Agreement on behalf of the minor Participant;
• Confirms they have full legal authority to sign this Agreement on behalf of the minor;
• Accepts full legal responsibility for the minor’s conduct, safety, and actions during and in connection with the Services;
• Agrees to indemnify and hold harmless the Released Parties against any claim brought by or on behalf of the minor arising from participation in the Services.

Note: The enforceability of liability waivers signed on behalf of minors varies by province. Aquastar strongly recommends that parents and guardians obtain independent legal advice if they have questions about this Agreement.

15.  ACKNOWLEDGMENT OF INDEPENDENT LEGAL ADVICE

I acknowledge that I have been advised of my right to seek independent legal advice prior to signing this Agreement. I confirm that I have either obtained such advice or have voluntarily chosen to proceed without it. I sign this Agreement freely, without undue influence, pressure, or coercion.

16.  ELECTRONIC SIGNATURE CONSENT

By checking the acceptance box during account creation, I confirm that my electronic signature constitutes a valid and binding signature equivalent to a handwritten signature for all purposes, including for the purposes of the Electronic Transactions Act or equivalent legislation in the applicable province or territory. I acknowledge that I have the right to request a paper copy of this Agreement at no charge by contacting Aquastar at info+waiver@aquastarcanada.com. I may withdraw my consent to electronic signatures at any time in writing, without penalty, though prior electronically signed agreements remain valid.

Aqua S.T.A.R. Swim Lessons Ltd. | Aquastarcanada.com | info+waiver@aquastarcanada.com

Operating Nationally Across Canada, with Primary Operations in British Columbia and Vancouver Island.

Document Version: 1.0 | Effective: 2025 | Review Annually