Please read carefully before signing and accepting. This is a release of liability and waiver of certain legal rights, including the right to file suit.

I (Insert Legal Guardian Name Below),

On behalf of myself, and as the parent/legal guardian of (Fill in Participants Name Below),

understand, agree, and acknowledge that there are risks inherent in the pool and sport related activities conducted by Oak Hill Gardens, LLC, a Kentucky limited liability company, (hereinafter “Oak Hill Gardens”) including, but not limited to, paralyzing injuries, brain injuries, drowning, illness, and death. I am also aware of the risks of such injuries, both physical, mental, and emotional, illness, or death that may result from, among other causes, the active or passive negligence of Oak Hill Gardens, its managers, members, employees, agents, contractors, landlords, insurers, sponsors, advertisers, independent contractors, volunteers, property owners, and/or partners (collectively, the “Released Parties”), including, without limitation, negligent instruction, negligent supervision, negligent rescue operations, dangerous or defective equipment or property owned, maintained, or controlled by the Released Parties, or because of liability without fault, even if caused by the actions or omissions of others. I am knowingly and voluntarily engaging in, and hereby permit the participant(s) to engage in, the activities conducted by Oak Hill Gardens and the Released Parties with knowledge and understanding of such risks, and, for myself and on behalf of the participant(s), hereby assume any and all known and unknown risks of injury, both physical, mental, and emotional, illness, or death that may occur in connection with any and all Oak Hill Gardens activities. Participation in activities conducted by Oak Hill Gardens is completely voluntary, and I elect to participate, or have the participant(s) participate, in spite of such risks. I hereby release the Released Parties, including Oak Hill Gardens, from all liability to myself or the participant(s) for any and all liability, claims, damages, demands, or causes or action for personal injury, including physical, mental, and emotional, death, illness, economic loss, or any other damage arising from, or related to, the activities conducted by Oak Hill Gardens, whether such injury, illness, loss, or death occurs on or off the premises upon which the Oak Hill Gardens activities are conducted. I understand and acknowledge that this release includes all claims against Released Parties arising from its ordinary and gross negligence. I agree that this release constitutes a complete release, discharge, and wavier of any and all actions or causes of action against the Released Parties, arising in connection with any and all activities in which I, or the participant(s), participate while engaging in activities conducted by Oak Hill Gardens or my, or the participant(s), use of facilities utilized or owned by Oak Hill Gardens. I agree that I, my children, my parents, my spouse, my heirs, assigns, personal representatives, guardians, and estate will not make a claim against, sue, attach to the property of, or prosecute the Released Parties for injury, both physical, mental, and emotional, illness, death, economic loss, or any other damage resulting from negligence or other acts, howsoever caused, whether active or passive, by the Released Parties, as a result of my participation in the activities conducted by Oak Hill Gardens or use of related facilities. To the fullest extent of applicable law, I hereby agree to indemnify and hold harmless the Released Parties from any and all liabilities or claims made by other individuals or entities that are a result of any of my actions or the actions of the participant(s), the actions of others, or any failure of any equipment I or the participant(s) use, or I or the participant(s) bring to a facility owned or used by Oak Hill Gardens, and/or which I, or the participant(s), are engaged in any Oak Hill Gardens activities, including, without limitation, any litigation, expenses, attorney’s fees, liability, damage, or cost which may occur as a result of any such claims. Should any of the Released Parties be required to incur attorneys’ fees and costs to enforce this agreement, I agree to indemnify and hold them harmless from all such fees and costs. With the full understanding of the facts, I state that to the best of my knowledge and belief, neither I nor the participant(s) listed on this waiver have any medical, physical, mental, or emotional health condition or impairment that would hinder or prevent my or his/her active participation in Oak Hill Gardens activities or use of the facilities. I further acknowledge that the Released Parties, including Oak Hill Gardens, have not given me or the participant(s) any medical advice related to our medical, physical, mental, or emotional condition and ability to participate or use the facilities. I understand that if I have any health or medical concerns, for myself or the participant, that I should discuss them with a medical provider prior to signing this waiver. This Assumption of Risk and Waiver/Release of Liability shall be governed by Kentucky law without giving effect to any conflict of law provision, and shall be construed broadly to provide a release and waiver to the maximum extent possible under applicable law. In the event that I file a lawsuit against the Release Parties, which includes Oak Hill Gardens, I agree to do so solely in the state of Kentucky, and more specifically in the county of Laurel. I agree that if any portion of this Assumption of Risk and Waiver/Release of Liability is held to be invalid, the rest shall nonetheless remain in full force and effect. This document constitutes the entire agreement between the parties and I entered into it voluntarily, believing it to be fair and reasonable. I understand that this document cannot be changed or modified except in writing, and that I had the opportunity to consult independent legal counsel prior to executing the Assumption of Risk and Waiver/Release of Liability. BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE THAT IF ANYONE IS HURT DURING BY MY, OR THE PARTICIPANT(S), PARTICIPANT IN AN ACTIVITY CONDUCTED BY OAK HILL GARDENS OR WHILE AT A FACILITY USED BY OAK HILL GARDENS, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT AND THE RIGHT OF THE PARTICIPANT(S) TO MAINTAIN AN ACTION OR LAWSUIT AGAINST THE RELEASED PARTIES ON THE BASIS OF ANY CLAIM FROM WHICH I HAVE RELEASED THEM IN THIS DOCUMENT. IT IS THE INTENTION OF THE UNDERSIGNED TO EXEMPT AND RELIEVE THE RELEASED PARTIES FROM LIABILITY FOR PERSONAL INJURY, ECONOMIC LOSS, OR WRONGFUL DEATH. I HAVE CAREFULLY READ ALL FOUR (4) PAGES OF THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND OAK HILL GARDENS, AND AI SIGN IT OF MY OWN FREE WILL ON MY BEHALF AND ON BEHALF OF THE PARTICIPANT(S).

In the event of a medical emergency, I hereby grant authorization to Oak Hill Gardens, its managers, directors and agents, its members, associates, employees, owner/operators, independent contractors, and the Released Parties, to employ any and all health care providers to direct/give or order emergency medical treatment for myself and/or the participant(s). I understand that this authorization is given prior to any need for medical care, but given to avoid unnecessary delay in emergency treatment which the attendant and/or medical professional may deem advisable in the exercise of best judgment. I further agree that Oak Hill Gardens and the Released Parties shall not be liable under any circumstances to anyone for exercising and/or ordering emergency medical treatment or myself and/or the above named participant(s). I further agree that I shall be liable for all costs associated with medical care for, and/or emergency transportation of, myself and/or the participant(s).

I hereby waive any rights to privacy and unconditionally give my permission to allow my name, likeness, or photograph, comments, or that of the participant(s), to appear in any Oak Hill Gardens promotional material and literature, which may include, but is not limited to brochures, flyers, press releases, newspapers, or any other electronic media, including websites and/or social media posts. I grant Oak Hill Gardens, its representatives, and employees the right to take videos and/or photographs of me and/or the participant(s) and our individual and collective property in connection with the above identified subject. I further authorize Oak Hill Gardens, its assigns and transferees to copyright, use, and publish the same in print and/or electronically in perpetuity regardless of form of media or channel. I have read, understand, and agree with this Assumption of Risk and Waiver/Release of Liability. I represent and warrant that I am the person whom I have identified myself as and am the parent or legal guardian of the participant(s) (if applicable) and am acting in such capacity in executing this document. I agree to indemnify and hold harmless each of the Released Parties from all liability, loss, cost, claim, or damage whatsoever which may be imposed upon the Released Parties because of defect in or lack of such capacity to so act and release the Released Parties on behalf of the participant(s).