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WAIVER AND RELEASE OF LIABILITY
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

Equipment Responsibility: I accept the Equipment used in connection with the Activities “AS IS” and understand that I am fully responsible for the care of the Equipment while it is in my possession. If at any time I feel the Equipment is not functioning properly, I will stop using it immediately and return it for inspection, repair, or adjustments. I accept this Equipment as-is with no warranties, express or implied. 

Financial Responsibility Acknowledgement: I acknowledge that the Equipment shall always remain the exclusive property of Resort Owner or its vendor, as applicable. I understand and agree that I am responsible for all damage to or loss of the Equipment while it is in my possession. If the Equipment is lost, destroyed or damaged beyond repair (as determined in Resort Owner’s sole and absolute discretion), I agree to pay Resort Owner the full value of the Equipment. I understand and agree that any repairs needed as a result of the use of the Equipment will be performed at normal labor rates and the cost of such repairs, including all parts, shall be paid by me. I hereby further authorize Resort Owner to charge me and any credit card on file the total value of any repairs or replacement of the Equipment. 

Of Sound Mind & Body: I agree that I will not operate the Equipment or participate in the Activities while under the influence of alcohol, drugs or any other intoxicating substance.

Assumption of Inherent Risk: I fully understand and acknowledge that (a) risks and dangers exist in my use of the Equipment and my participation in the Activities; (b) participation in the Activities and/or use of the Equipment and related facilities may result in property damage, death, injury or illness including, but not limited to, bodily injury including broken bones, fractures, partial and/or total paralysis, heart attacks, cerebral or cognitive impairments, drowning, mental anguish, pain, suffering or other ailments; and (c) these risks and dangers may be caused by my own negligence, the negligence of others (including, without limitation, the Releasees), accidents, collisions, breaches of contract, terrain and natural conditions, temperature, weather, tidal events, the facilities, the Equipment, forces of nature or other causes. I understand that the risks and dangers may arise from foreseeable or unforeseeable causes and by my participation in these Activities and/or use of the Equipment. I hereby assume all such risks and dangers and all responsibility for any such losses and/or damages.  

Safety Equipment: I agree to wear and cause my child(ren) to wear all safety equipment, recommended or required for the use of the Equipment or Activities, including, but not limited to, wearing a life jacket while on board any watercraft or while using any water-based equipment, but acknowledge that it does not eliminate the risk and may not reduce the risk of injury or death in the event of an accident. 

Right of Publicity: I further grant the Released Parties the right to photograph, record and/or videotape me and my child or ward and further to display, edit, use and/or otherwise exploit my and my child’s or ward’s name, face, likeness, voice, and appearance, in all media, whether now known or hereafter devised, (including, without limitation, in computer or other device applications, online webcasts, television programming, motion pictures, films, newspapers, magazines, and social media) and in all forms including, without limitation, digitized images or video, throughout the universe in perpetuity, whether for advertising, publicity, or promotional purposes, or for any other commercial purposes, including, without limitation, publication of Activities, without compensation, residual obligations, reservation or limitation, or further approval, and I agree to indemnify and hold harmless the Released Parties for any Claims associated with such grant and right to use. The Released Parties are, however, under no obligation to exercise any rights granted herein.

Full Release and Waiver of Claims

As consideration for being permitted to use the Equipment and/or participate in the Activities, which I acknowledge is good, valuable and sufficient consideration, I agree not to sue and to hereby forever release, waive, relinquish, discharge and agree to indemnify Resort Owner, Resort manager, LWP Cypress PM LLC dba Evermore Orlando Resort and their vendors, shareholders, employees, representatives, service providers, agents, lenders, franchisors, successors, and each of their affiliates (collectively, the “Releasees”) from and against any and all actions, claims, liabilities and damages that I, my assignees, heirs, next of kin, guardians, and legal representatives now have, or may have in the future, for personal injury, illness, death or property damage related to (i) my and my child’s use of the Equipment provided hereunder for any and all purposes; (ii) my and my child’s participation in the Activities; (iii) the condition of the premises where these Activities occur and any Equipment used in participation of these Activities, regardless of whether or not I am participating in the Activities; and (iv) the negligence, carelessness or other acts, whether directly connected to these Activities and however caused, by any and each of the Releasees, any service providers or partners, third parties or otherwise. This Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. 

Governing Law Jurisdiction

This Agreement shall be governed by and construed under the Law of Florida. Any legal proceeding of any nature to enforce any right or obligation under this Agreement, or arising out of any matter pertaining to this Agreement, shall be submitted for trial, without jury, before the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida; or, if the Circuit Court does not have jurisdiction, then before the United States District Court for the Middle District of Florida (Orlando Division). I hereby consent and submit to the jurisdiction of any such court and agree to accept service of process outside the State of Florida in any matter to be submitted to any such court pursuant hereto, and expressly waive all rights to trial by jury regarding any such matter.


I Agree

Parent or Guardian's Email Address
Email
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Confirmation Number
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First Participant's Name
First Name*
Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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