In consideration of the services of TB Slingshots LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "TB Slingshots LLC"), I hereby agree to release, indemnify, and discharge TB SLINGSHOTS, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative, and estate as follows:
1. I acknowledge that my participation in Slingshot activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: accidents involving other vehicles; collision with fixed or movable objects; injuries or accidents involving contact with the vehicle; falls from the vehicle; the negligence of other operators of motor vehicles or myself; musculoskeletal injuries including head, neck, and back injuries; cuts; bruises, broken bones; exhaustion; exposure to the elements of the outdoors and natural surroundings which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; the condition of roads, terrain, or highways and accidents connected with their use; exposure to potentially dangerous wild animals, and hazardous plant life; equipment failure; transmissible pathogen or disease; my own physical condition, and the physical exertion associated with this activity.
Furthermore, TB SLINGSHOTS LLC personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I agree to wear a properly fitted and secured DOT or SNELL certified helmet while participating in this activity.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless TB SLINGSHOTS LLC from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of TB Slingshot LLC’ equipment or facilities, including any such claims which allege negligent acts or omissions ofTB SLINGSHOTS LLC.
4. Should TB SLINGSHOTS LLC or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against TB SLINGSHOTS LLC, I agree to do so solely in the state of Florida and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity,
I may be found by a court of law to have waived my right to maintain a lawsuit against TB SLINGSHOTS LLC on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at TB SLINGSHOTS LLC. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
PROTECTIVE RIDING HEADGEAR REFUSAL AGREEMENT
I, the undersigned, have been fully warned and advised by TB Slingshots LLC (hereinafter collectively referred to as “TB SLINGSHOTS LLC”), that I should wear a properly fitted and secured helmet while participating in TB SLINGSHOTS LLC (whether on the premises or off of the TB Slingshots LLC premises) in order to potentially reduce the severity of an injury and/or to possibly prevent my death from occurring as the result of a fall or any other occurrence associated with this activity. I understand that by not wearing a helmet, I will be going against manufacturers’ requirements and putting myself at an increased risk for injuries, and against the advice of TB SLINGSHOTS LLC and numerous court cases I am refusing this critical safety precaution. I also understand that minors are not allowed to refuse protective headgear and I cannot sign on their behalf to waive the requirement.
I, the undersigned, have read the foregoing statement carefully before signing and do understand its warning.
Date: December 1, 2023