- I understand that each person participating in the Activity is a “Participant “, I am signing on behalf and, if participant is under the age of 18, I am signing as the minor Participant’s parent or legal guardian.
- I understand that certain recreational activities, including but not limited to biking and kayaking for any reason (the “Activity”), CAN BE HAZARDOUS AND PRESENT A RISK OF PHYSICAL INJURY OR DEATH.
- I understand that all activities carry certain risks, inherent and otherwise, including injury or death caused by equipment failure or improper use, the natural rugged environment, and the negligence or the activity operator, instructor, or other participants. In addition, each Activity carries certain unique risks, which include, but are not limited to, injury or death caused by: (a) collisions or entanglements with other people, or equipment, (b) rugged, steep, or otherwise dangerous terrain, (c) extreme weather, (d) open water, capsizing, swimming, drowning, and cold water immersion, (e) vehicle collisions, diver error, and rollovers, (f) other natural or constructed features, such as bridges, ramps, berms, and bumps, (g) misleading, entanglements, or falls, and (h) other risks related to travel on rugged, mountainous terrain on unimproved roads. I understand that the Activities carry these and other risks and EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH EACH ACTIVITY.
- I agree to accept and rent equipment “AS IS” and WITH NO WARRANTIES, express or implied. I agree that the Participants listed on this form will be the only people using the equipment and will not use it until Participant receives and understands instructions on its use and function.
- IN CONSIDERATION OF BEING ALLOWED TO PARTICIPATE, I AGREE TO DEFEND, INDEMNIFY, RELEASE AND NOT TO SUE the activity operator, Park & Ocean, each of the Park & Ocean respective parents, affiliated, and subsidiary companies, successors in interest, sponsors, agents, employees, representatives, assignees, officers, directors, and share holders (each a “Released Party”) FROM ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from the participant’s participation, INCLUDING THOSE INJURIES AND DAMAGES CAUSED BY ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY EXPRESSED OR IMPLIED WARRANTY. I agree to pay all costs and attorneys’ fees incurred by any Released Party in defending a claim or suit brought by me, on my behalf, or on behalf of the minor participant.
- I represent that the Participant is in a good health and that there are no special problems associated with Participant’s physical or mental condition. I authorize a licensed physician or other medical care provider to carry out any emergency medical care for Participant which may be necessary and agree to be fully responsible for any associated costs.
- I agree that ANY AND ALL CLAIMS OR LOSS, INJURY AND/OR DEATH REGARDING AN ALLEGED INCIDENT SHALL BE GOVERNED BY THE LAW OF THE STATE WHERE THE ALLIGED INCIDENT OCCURED AND EXCLUSIVE JURISDICTION SHALL BE IN THE STATE or federal court sitting in the district where the alleged incident occurred (except that all claims arising at Park & Ocean shall be governed by Florida law and exclusive jurisdiction shall be in Florida court of competent jurisdiction). (??)
- If a minor Participant is participating in the Activity, I represent that I am the minor Participant’s parent or legal guardian and that I VOLUNTARILY GRANT PERMISSION FOR THE MINOR PARTICIPANT TO TAKE PART IN THIS ACTIVITY. I acknowledge that I am signing this release on behalf of the minor and that THE MINOR SHALL BE BOUND BY ALL THE TERMS OF THIS RELEASE. By signing this agreement without a parent or guardian’s signature, I represent that I am at least 18 years of age. I AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS’ FEES, ARISING FROM ANY MISREPRESENTATIONS IN OR FRAUDULENT EXECUTION OF THIS AGREEMENT.
Date: May 30, 2023