REEF is a not-for-profit, marine conservation organization that provides educational programs. In consideration of myself or my child/guardian (PARTICIPANT) being allowed to participate in the Program Activities I HEREBY AGREE TO BE CONTRACTUALLY BOUND BY THE FOLLOWING: Please read carefully and initial each paragraph before signing. I Agree I understand and agree that, in consideration of PARTICIPANT being permitted to participate in this REEF Explorers Program, neither Reef Environmental Education Foundation, Inc. (REEF), nor any of its employees, officers, members, agents, or assigns [hereinafter referred to as the Released Parties] may be held liable or responsible in any way for injury, illness, death, or other damages that may occur as a result of my participation in the REEF Explorers Education Program, including but not limited to scuba diving, skin diving (AKA snorkeling), dive boat use, equipment use, other water sports activity, or any other activity relating to this REEF Program [hereinafter referred to as Activities]; or as a result of the negligence of any party, including the Released Parties, whether passive or active.I Agree I understand that the sole function of REEF and its employees, officers, and agents during the course of this REEF Program is to provide educational programs, instruction in and familiarization with marine life identification, and/or use of marine life survey forms. Although REEF employees, officers, or agents may or may not be certified scuba instructors / divemasters, and will give freely of their marine life knowledge and experience, I understand that they are not acting in the capacity as scuba instructor / divemaster. I understand that REEF employees, officers, members, or agents do not lead and are not in any way responsibly or liable for any Activities conducted during the course of this REEF Explorers Program.I Agree I understand that REEF is independent of and has no ownership, as partner, joint venturer, owner, or otherwise, with any resort, hotel, carrier, dive center, boat operator, or other person or firm furnishing any travel-related or Scuba / Skin Diving Activity-related service, equipment, or facility in connection with this Explorers Program. I further understand that REEF assumes no liability or responsibility for any service, equipment, or facility furnished by any such resort, hotel, carrier, dive center, boat operator, or other person or firm either as to its availability, safety, quality, or condition nor for the acts or omissions of any employee or agent thereof.I Agree If PARTICIPANT chooses to scuba dive or snorkel, I understand that diving with compressed air involves certain inherent risks: decompression sickness, embolism, or other hyperbaric injuries can occur that require treatment in a recompression chamber. I further understand that the Scuba and Skin Diving Activities may be conducted at a site that is remote, by time or distance or both, from such a recompression chamber.I Agree If PARTICIPANT chooses to scuba dive or snorkel, I declare that they are in good mental and physical fitness for Scuba and Skin Diving Activities and that they are not under the influence of alcohol or any other drug that is contradictory to Scuba and Skin Diving Activities. If they are taking medication / drugs, I declare that they have seen a physician and have approval to engage in Scuba and Skin Diving Activities while under the influence of the medication / drugs.I Agree If PARTICIPANT chooses to scuba dive or snorkel, they understand that Scuba and Skin Diving Activities are physically strenuous and that they will be exerting themselves during this REEF Program, and that if they are injured as a result of heart attack, panic, hyperventilation, etc., that I assume the risk of said injuries and that I will not hold the Released Parties responsible for same.I Agree If PARTICIPANT chooses to scuba dive or snorkel, they will inspect all of their equipment prior to all Diving Activities. I will not hold the Released Parties responsible for my failure to inspect my equipment prior to engaging in any Diving Activities.I Agree In consideration of being allowed to participate in this REEF Program, I hereby personally assume all risks in connection with said Program, including, but not limited to, all Scuba and Skin Diving Activities or other Activities, for any harm, injury, illness, or damage that may befall me while I am a participant, including all risks connected therewith, whether foreseen or unforeseen.I Agree I further save and hold harmless the Released Parties from any claim or lawsuit by me, my family, estate, heirs, or assigns that may arise out of my participation in this REEF Program, including both claims that may arise during the Program or after I complete the Program.I Agree I further declare that I am of lawful age and both competent and qualified in law and equity to sign this Liability Release and Assumption of Risk.I Agree I understand that the terms herein are contractual and not a mere recital, and that I have signed this document of my own free act.IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THIS REEF PROGRAM, IT IS MY INTENTION BY THIS INSTRUMENT TO EXEMPT AND RELEASE REEF ENVIRONMENTAL EDUCATION FOUNDATION, INC., AND ITS EMPLOYEES, OFFICERS, AGENTS, AND ASSIGNS FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, ILLNESS, PROPERTY DAMAGE, OR WRONGFUL DEATH, HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS LIABILITY RELEASE AND ASSUMPTION OF RISK BY READING IT BEFORE I SIGNED IT ON BEHALF OF MYSELF AND MY HEIRS. I INTEND AND AGREE TO BE BOUND BY THIS DOCUMENT. December 25, 2024 If this form is being submitted for a minor, please note this additional information: NOTICE TO THE MINOR CHILDS NATURAL GUARDIAN
(Pursuant to Florida Statutes 744.301) READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD (or MINOR PARTICIPANT) ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF Reef Environmental Education Foundation (REEF) its directors, sponsors, agents, employees, volunteers, instructors, assistants, educational groups, individuals and all others in connection with Program Activities, whether specifically named or not (herein Released Parties) USE 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. On behalf of MYSELF, MY PARTICIPANT MINOR, MY FAMILY, HEIRS, ASSIGNS, REPRESENTATIVES & ALL OTHERS WHO MAY HAVE A CLAIM ON MY BEHALF (hereafter I or Participant), I voluntarily enter into this contract with the Released Parties. I agree to hold harmless, defend & indemnify (defend & pay any judgment, court costs, damages, investigation costs, attorneys fees, & all other expenses incurred that relate to enforcement of this contract) released parties from any & all claims, causes of action or lawsuits arising from my child's participation in program activities. I am aware that Released Parties arrange activities such as swimming, snorkeling, kayaking, and traveling by boat, which involve participation by my child. In participating or allowing my child to participate in these activities I acknowledge that during these activities, I or he/she may be exposed to certain risks which are inherent in the activity and cannot be eliminated without destroying the purpose and character of the activity, such as traveling by boat, swimming or snorkeling in the ocean, and the forces of nature, including sun, wind, and rain. I understand the description of these risks is not complete and that these and other unknown or unanticipated inherent risks may result in injury or death. My child's participation in program activities is voluntary and if the PARTICIPANT does not feel capable or competent, then the PARTICIPANT will refrain from the activity. Despite the risk of serious injury, illness and death, I voluntarily choose to allow my child to participate in program activities and assume all risks, whether foreseen or unforeseen, whether created or not created by negligence of the releases parties, associated with participation in the program activities. In the event of any injury requiring medical treatment, I hereby grant permission for emergency medical treatment to be initiated for my child by REEF. I agree to be solely responsible and pay for all expenses associated with medical care. I assume these risks and hereby release released parties for failure to rescue or provide proper emergency response or medical care. In consideration for the right for myself or my child to participate in such activities, and other services and activities arranged for me or him/her, I have and do hereby assume all risks and will forever indemnify, hold harmless, and covenant not to sue REEF and its employees from any and all liabilities, actions, causes of actions, debts, claims, demands, or other liability of every kind and nature whatsoever which may arise or in connection with my or his/her trip to or participation in this program, whether caused by ordinary negligence or otherwise. This signed agreement serves as a release or assumption of risks for my heirs, executors, and administrators, assigns, next of kin, and members of my family. The agreement is meant to be broad and inclusive. By my signature I certify that I am the Natural Guardian of the Participant Minor and that I will be responsible in all respects for the Participant Minor as related to any obligations or liabilities, created or incurred as a result of Participant Minor's participation in Released Parties Program Activities. I have read and fully understand and agree to be bound by this contract for myself and my participant minor. I understand by signing this contract I am giving up legal rights for myself, my participant minor, and all others who may have a claim against released parties as a result of participation in program activities. December 25, 2024 |