Read Carefully. This is a release of liability and waiver of legal rights. NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SQUARE ONE DISTRIBUTION, INC.,AND/OR CHRISTMAS FLORIDA PROPERTY LLC.(HEREINAFTER ‘THE RELEASED PARTIES’) EXERCISE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. 1. Definitions. The person who is using Lake Ronix or sponsored by The Released Parties shall be referred to hereinafter as “Participant.” The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “, and their affiliates, parents, subsidiaries, successors in interest, insurance carriers, agents, employees, representatives, assignees, officers, directors, owners, members, and shareholders. The “Activity” means using the Lake Ronix for any purpose and all activities in their role as a sponsored rider/skier . 2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: actual or alleged transmission of a communicable disease such as COVID-19, water flow; tides; currents; wakes; drowning; entanglement; impacts; impacts with features in the water and on the ground, collisions with other participants; watercraft and other manmade and natural objects; weather conditions; exposure to elements; slips and falls; equipment failure and/or defects; marine and other wildlife; microorganisms; operator error; mental distress from exposure to any of the above; and negligence of others. THE UNDERSIGNED ACKNOWLEDGE THAT THE DESCRIPTION OF THE DANGERS AND RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS, INCLUDING, BUT NOT LIMITED TO THE ACTS, OMISSIONS, REPRESENTATIONS, CARELESSNESS, AND NEGLIGENCE OF THE RELEASED PARTIES. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. 3. Duties of Participant. The Participant assumes the responsibility of maintaining control at all times while engaging in the Activity. Participant agrees that he/she will wear a helmet and a properly fitted USCG life jacket at all times while riding or skiing. Participant further agrees to visually inspect all venues before using and to start with the simplest maneuvers before attempting anything more complex. Additionally, participant agrees that he/she will not engage in the Activity under the influence of drugs or alcohol. Participant is responsible for reading, understanding and complying with all signage. Participant acknowledges that he/she has the physical dexterity and knowledge to safely engage in the Activity. Finally, participant agrees that he/she will not bring third parties to Lake Ronix without permission from Mike Ferraro or a designated Square One representative. 4. Release and Indemnification: In consideration of the Participant being permitted to participate in the Activity, the Undersigned (a) unconditionally release, forever discharge, and agree not to sue the Released Parties from and for any claims or causes of action for any liability or loss of any nature, including personal injury, death, and property damage, arising out of or relating to Participant’s participation in the Activity, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract the Undersigned may or will have against the Released Parties; and (b) agree to indemnify, defend, and hold harmless the Released Parties from and against any liability or damage of any kind and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity. IN THE CASE OF A MINOR PARTICIPANT, THE ABOVE WAIVER, RELEASE, AND AGREEMENT NOT TO SUE ONLY APPLY TO DAMAGES RESULTING FROM INHERENT RISKS OF THE ACTIVITY IN ACCORDANCE WITH FLA STAT 744.301. 5. Minor Acknowledgment. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant. 6. Medical Care. Undersigned authorize the Released Parties to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in their opinion, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation. [page1image5823952] [page1image5824160] [page1image5824368] 7. Miscellaneous. Miscellaneous. The Undersigned agree: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of FLORIDA, and the exclusive jurisdiction and venue for any claim shall be located in the state courts located in [Insert County] County, FLORIDA; and (c) this agreement shall be binding upon the subrogors, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned.(d) participant agrees that photographic or video images of the participant may be used by The Released Parties for any purpose without charge. I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST. |