WARNING! STATEMENT OF RISKS: There are significant elements of risk in the any adventure, sport or activity associated with the outdoors, including ice skating and activities incidental thereto (referred to herein as “activity”). Although we have taken reasonable steps to provide you with appropriate knowledge and skilled staff so that you can enjoy the activity for which you may not be skilled. THE ACTIVITY IS NOT WITHOUT RISK. Certain risks cannot be eliminated without destroying the unique character of this activity. The same elements that contribute to the unique character of the activity can be causes of loss or damage to equipment, cause accidental injury, illness or in extremes cases, permanent trauma or death. We do not want to frighten you or reduce your enthusiasm for the activity. We do think that it is important for you to know in advance what to expect and to be informed of the inherent risks. ACKNOWLEDGEMENT OF RISK: I acknowledge and understand that Ice Skating is a HAZARDOUS activity. I recognize that injuries are common and ordinary occurrences of the Activity. I hereby agree to freely and expressly ASSUME and accept ANY AND ALL RISKS OF INJURY OR DEATH to the Participant/Purchase/Renter while participating in the Activity. Nonetheless the Participant/Purchaser/Renter voluntarily elects to participate in the aforementioned Activity. I AM AWARE THAT THE ACTIVITIY MAY ENTAIL RISKS OF INJURY OR DEATH. UNDERSTAND THAT A COMPREHENSIVE LIST OF POSSIBLE INJURIES IS IMPOSSIBLE TO PROVIDE AND THAT UNKNOWN OR UNANTICIPATED RISKS MAY RESULT IN INJURY, ILLNESS OR DEATH AS A RESULT OF MY/OUR PARTICIPATION IN THE ACTIVITY. EXPRESS ASSUMPTION OF RISKS AND RESPONSIBILTY: I/We agree to assume responsibility for all risks associated with my/our ice skating. My/Our participation in the activity is purely voluntary. No one is forcing me/us to participate. I/We verify that I am (we are) physically fit, not under any influence of alcohol or any drugs at this time, and sufficiently qualified, trained, and capable to participate in the activity. I/We assume full responsibility for myself/ourselves and any of my/our minor children whom I am (we are) responsible for, and bodily injury, accident, illness, death, loss of personal property and expenses thereof as a result of any accident that may occur while I/we participate in the activity. As an additional note, helmets are not required. I understand the equipment provided for my protection may be unable to prevent injury. I hereby assume all risks which may be associated with and/or result from my involvement in such Activity and hold harmless, release, indemnify and defend FL Resort Recreation, Inc. & Baytowne Neighborhood Association, its subsidiaries and affiliates, their respective officers, directors, agents, servants, and employees of and from any liability, claims, demands, actions, and causes of actions whatsoever arising out of or related to any loss, damage or injury, including death, that may be sustained by me while participating in the Activity, including, but not limited to, those injuries and damages caused by the negligence and or breach of warranty, expressed or implied on the part of Baytowne Wharf Neighborhood Association INC, its subsidiaries and affiliates, their respective officers, director, agents, servants and employees. COVENANT OF GOOD FAITH: I/We recognize that you, a provider of services, will operate under a covenant of good faith and fair dealing. I/We recognize that you may find it necessary to terminate the activity due to forces of nature, medical necessities or other problems, and/or terminate the participation of any person you may judge of being incapable of meeting the rigor or requirement in the activity. I/We accept your right to take such actions. AUTHORIZATION: I/We hereby authorize any medical treatment deemed necessary in the event of any injury I/we may incur while participating in the activity. I/we either have appropriate insurance or, in its absence, agree to pay all costs of recue and/or medical services as may by incurred on my/our behalf. I/we agree that any film or photographs of me/us as participant(s) become your property and may be used for promotional or commercial purposes with NO compensation due to me/us. RELEASE: In consideration of services or property provided, I/we for myself/ourselves and my/our minor for whom I am (we are) parents, legal guardian or otherwise responsible, any heirs, personal representatives or assigns agree that: Baytowne Wharf Neighborhood Associations INC, and FL Resort Recreation Inc., their subsidiaries and affiliates, their respective officers, directors, agents, servants, employees, and volunteers, their insurers, each and every land owner, municipal and/or governmental agency upon property an activity is conducted (all collectively referred to as “owner”) SHALL HAVE NO LIABILITY OF ANY NATUREFOR ANY AND ALL DAMAGES TO ME AND OTHER PERSON OR PROPERTIES as a result of my/our participation in any activity. This release includes any act, omissions or negligence of the “owner”, the operator names above, or any other person or any entity, its agents, employees, servants, and it insurer(s), and I/we hereby release and discharge the owners(s) named herein, its employees, agents, servants or assigns and its insurer(s), if any for such damages. This applicable law of Florida governs this agreement. If any provision of this agreement is determined to be unenforceable, all other provisions shall be given full force and effect. I/WE HAVE READ THE ACKNOWLEDGEMENT OF RISKS, ASSUMPTIONS OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY. I/WE UNDERSTAND THAT BY SIGNING THIS DOCUMENT, I AM (WE ARE) EXPRESSING MY/OUR INTENT TO WAIVE LEGAL RIGHTS INCLUDING ANY AND ALL RIGHTS I/WE MAY HAVE NOW OR IN THE FUTURE AGAINST THE OWNER, OR ITS EMPLOYEES, AGENTS, SERRVANTS OR ASSIGNS. |
