1. Statement of Activity
Coach Ramiro's Water Polo Performance Lab ("the Program") provides water polo instruction, training, and skill development sessions conducted at aquatic facilities in the Carlsbad, California area. Sessions may include, but are not limited to: swimming drills, treading exercises, ball handling, shooting practice, passing drills, positional training, scrimmage play, strength and conditioning exercises conducted in and around the pool, and video review of recorded sessions.
The Program is operated by Coach Ramiro LLC, a California limited liability company (EIN: 99-1568778).
2. Acknowledgment & Assumption of Risk
I understand and acknowledge that participation in water polo training involves inherent risks that cannot be eliminated regardless of the care taken to avoid them. These risks include, but are not limited to:
- Drowning or near-drowning incidents
- Head, neck, or spinal injuries from contact with other participants, the pool wall, or pool bottom
- Concussions and traumatic brain injuries
- Muscle strains, sprains, tears, and overuse injuries
- Broken bones, dislocations, and joint injuries
- Lacerations, bruises, and abrasions from physical contact
- Eye injuries from ball or hand contact
- Ear injuries including swimmer's ear and eardrum perforation
- Respiratory distress, exercise-induced asthma, or hyperventilation
- Cardiac events including heart attack or sudden cardiac arrest
- Heat-related illness (heat exhaustion, heat stroke) or hypothermia
- Illness from waterborne pathogens or chemical irritants
- Injuries resulting from equipment use or malfunction
- Injuries sustained while traveling to, from, or between training locations
- Emotional or psychological distress
I, on behalf of myself and/or my minor child, voluntarily assume all risks associated with participation in the Program, whether or not specifically identified above, and whether arising from the ordinary negligence of Coach Ramiro LLC, its officers, employees, agents, contractors, or other participants.
3. Waiver and Release of Liability
In consideration of the participant being permitted to participate in the Program, I, on behalf of myself, the participant, and our respective heirs, executors, administrators, assigns, and personal representatives, hereby release, waive, discharge, and covenant not to sue Coach Ramiro LLC, its owners, officers, members, managers, employees, agents, independent contractors, affiliates, successors, assigns, facility owners, facility operators, and all other persons or entities acting on its behalf (collectively, the "Released Parties") from any and all liability, claims, demands, actions, causes of action, suits, costs, expenses (including attorneys' fees), and damages of any kind arising out of or related to the participant's participation in the Program.
This release applies to claims arising from the negligence of the Released Parties, but does not apply to claims arising from their gross negligence or willful misconduct.
I understand that this waiver is intended to be as broad and inclusive as permitted by California law and that if any portion is held invalid, the remainder shall continue in full force and effect.
4. Indemnification & Hold Harmless
I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, demands, suits, judgments, losses, costs, and expenses (including reasonable attorneys' fees) brought by or on behalf of myself, my minor child, or any third party, arising out of or related to participation in the Program. This includes, but is not limited to, claims arising from my own acts, omissions, or negligence, or those of the participant named herein.
7. Emergency Medical Authorization
In the event of an emergency where the participant requires immediate medical attention and I (or the parent/guardian) cannot be reached, I hereby authorize Coach Ramiro LLC and its agents to consent to emergency medical treatment, including but not limited to: first aid, CPR, AED use, ambulance transport, hospitalization, and any medical procedures deemed necessary by qualified medical personnel to protect the life and health of the participant.
I understand that Coach Ramiro LLC will make reasonable efforts to contact the emergency contact listed above before authorizing non-emergency treatment. I accept full financial responsibility for any medical expenses incurred.
8. Equipment & Facility Acknowledgment
I acknowledge that the Program uses aquatic facilities and equipment that are not owned or operated by Coach Ramiro LLC. I agree to:
- Follow all facility rules, posted signage, and lifeguard instructions at all times
- Inspect any equipment provided before use and immediately report any defects or concerns to the coach
- Provide my own personal equipment (swimsuit, cap, wetsuit if required) in safe and functional condition
- Accept that pool conditions (temperature, chemical levels, weather) may vary and can affect training
- Not hold Coach Ramiro LLC responsible for conditions, hazards, or incidents caused by the facility or its staff
9. Arbitration & Governing Law
Any dispute arising out of or related to this waiver or participation in the Program shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in San Diego County, California. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
This waiver shall be governed by the laws of the State of California, without regard to its conflicts of law provisions.
Any claim must be brought within one (1) year of the date of the incident giving rise to the claim, or it shall be permanently barred.
10. Severability
If any provision of this waiver is found to be unenforceable or invalid by a court of competent jurisdiction or arbitrator, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. All remaining provisions shall continue in full force and effect.