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WAIVER, GENERAL RELEASE, ASSUMPTION OF RISK, INDEMNITY AND HOLD HARMLESS AGREEMENT

(FOR MINOR UNDER THE AGE OF 18) 

BEFORE YOU EXECUTE AND AGREE TO THE TERMS BELOW, PLEASE READ THIS DOCUMENT CAREFULLY. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOU, AND YOUR CHILD’S LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.

 The terms and conditions of this “Waiver, General Release, Assumption of Risk, Indemnity and Hold Harmless Agreement” (the “Agreement”) are a legal agreement between you and Keys Hotel Operator, Inc., a Florida corporation, d/b/a Hawks Cay Resort (hereinafter “Hawks Cay Resort”), establishing the terms and conditions pursuant to which your child will be permitted to use and operate a bicycle and related equipment provided by Hawks Cay Resort (the “Bicycle”).

1.I certify that I am the parent or legal guardian of (the minor listed below) who is (listed below) years of age.. To the best of my knowledge, my child is in good physical condition and I have no knowledge of any physical condition, injury, o+-r illness whatsoever which would place my child at risk while utilizing the Bicycle; My child is skilled and knowledgeable in the use and operation of bicycles and possesses the knowledge of the laws necessary to safely operate same; I have advised my child that he/she must wear a helmet at all times while utilizing the Bicycle and I take responsibility for ensuring that my child does so; This instrument shall be binding upon my child, the members of my family, my spouse, heirs, assigns and personal representatives.

2. You and your child acknowledge that bicycling is inherently dangerous and carries with it the potential for serious bodily injury, permanent disability, paralysis and death, and property damage and loss. You and your child are solely responsible for any injury or damages resulting from improper or unsafe operation of the Bicycle. You also certify that you have not been advised against allowing your child to engage in bicycling by any health professional. You understand and acknowledge that there may be heavy vehicle and pedestrian traffic and you and your child assume all risks associated with such. You assume all other risks associated with bicycling including without limitation: falls; dangers of collision with vehicles, pedestrians, and fixed objects; dangers arising from surface hazards, equipment design failure, and inadequate safety equipment; hazards posed by vehicles, pedestrians, and other cyclists; and weather conditions. You further acknowledge that these risks include risks that may be the result of the failure and/or design of equipment supplied by, or the negligent acts, omissions and/or carelessness of, Hawks Cay Resort. You understand that your child will be bicycling at his/her own risk, that you and your child are responsible for all risks of using the Bicycle, and that your child’s use of the Bicycle is fully voluntary. 

(a) You and your child have been advised to wear a protective helmet while using the Bicycle. You and your child understand and acknowledge the increased risk for personal injury, permanent disability, paralysis and death due to not wearing a protective helmet. You and your child assume responsibility for any injury, loss, or damage associated with not wearing a protective helmet; further, because helmets do not protect against all head injuries, and do not protect against other injuries, you and your child assume responsibility for any injury, loss, or damages associated with your child’s use of the Bicycle even if you choose to wear a protective helmet. FLORIDA LAW REQUIRES THAT ALL PERSONS UNDER THE AGE OF SIXTEEN (16) MUST WEAR AN APPROVED HELMET AT ALL TIMES DURING USE OF A BICYCLE. 

(b) You and your child agree that you are familiar with and shall obey all traffic laws. You and your child assume responsibility for your failure to do so.

(c) You and your child understand and acknowledge that the consumption of alcohol, drugs, medications or other substances while riding a bicycle is strictly prohibited and that same might impair judgment and motor skills and could cause death or serious injury.

(d) No instruction or training is being provided by Hawks Cay Resort in the use or operation of the Bicycle. You and your child acknowledge that your child understands how to operate the Bicycle. You and your child represent that Hawks Cay Resort has answered any and all questions that you and your child have prior to your child’s use of the Bicycle. You and your child assume all responsibility for any injury, loss, or damage associated with your child’s use of the Bicycle.



(e) You and your child acknowledge and agree that the Bicycle is for your child’s sole and exclusive use and that she/he will not allow any third party to use the Bicycle under any circumstances. The Bicycle is intended for one occupant. You and your child assume the responsibility for any and all injury, loss or damage associated with the use of the Bicycle by any third party while in your possession.

(f) You and your child agree to comply with the “General Rules and Restrictions of Bicycle Use” which has been provided to you simultaneously herewith. You and your child assume any and all responsibility for any and all injury, loss or damage associated with your failure to do so. 

3. YOU (INDIVIDUALLY AND ON BEHALF OF YOUR CHILD) WAIVE, RELEASE (UNCONDITIONALLY AND FULLY), AND FOREVER DISCHARGE Keys Hotel Operator, Inc., d/b/a Hawks Cay Resort, CWI Keys Hotel, LLC (Delaware Corporation), Benchmark Hotels & Resorts, and their parent, subsidiary and affiliated companies, officers, directors, partners, board members, shareholders, attorneys, insurers, agents, employees, and representatives (individually and collectively, the “Released Parties”) from any and all claims, liabilities of every kind, demands, damages (including without limitation, direct, indirect, incidental, consequential and punitive), losses and causes of action, whether known, unknown, asserted, unasserted, fixed, conditional, or contingent, of any kind or nature (including without limitation, those based in contract, tort, statutory, or other grounds, which you have or may have in the future, including court costs, attorneys’ fees and litigation expenses (individually and collectively, the “Claims”) that may arise out of, or result from, your child’s use of the Bicycle, including death, personal injury, partial or permanent disability, negligence, property damage and damages of any kind, property theft, and Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions and any claims for medical or hospital expenses, EVEN IF SUCH CLAIMS ARE CAUSED BY THE NEGLIGENT ACTS, OMISSIONS, OR THE CARELESSNESS OF THE RELEASED PARTIES, OR OTHERWISE, AND EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. Any such release is intended to be a complete, unconditional and general release of all Claims. The Released Parties may plead such releases as a complete and sufficient defense to any Claim, as intended beneficiaries of such releases.

4. YOU (INDIVIDUALLY AND ON BEHALF OF YOUR CHILD) FURTHER COVENANT AND AGREE NOT TO SUE Hawks Cay Resort and/or any of the other Released Parties for any of the Claims that you have assumed the risk of, waived, released (unconditionally and fully), or discharged herein. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Hawks Cay Resort and/or any of the other Released Parties from any and all expenses incurred, Claims made by you or third parties, for liabilities assessed against Hawks Cay and/or any of the other Released Parties, including but not limited to court costs, attorneys’ fees, and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, your child’s use of the Bicycle, by you and/or your child’s breach or failure to abide by any part of this Agreement, by you and/or your child’s breach or failure to abide by the “General Rules and Restrictions of Bicycle Use” provided simultaneously herewith and/or any other of your or your child’s actions or inactions which cause injury or damage to your child and/or any other person.

5. You, individually and on behalf of your child, acknowledge and agree that: (a) if any provision herein contained is deemed to be unenforceable and/or invalid, that the provision shall be severable from the whole of the document and shall not affect the validity and enforceability of the other provisions and the document as a whole; (b) this Agreement is intended to be as broad and inclusive as is permitted by the laws of the state of Florida; (c) this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and the parties hereto agree that venue and jurisdiction for any action or proceeding arising of this Agreement shall be in Monroe County, Florida; (d) this Agreement is a requirement for your child to be able to use the Bicycle from Hawks Cay Resort and that you, she/he has had sufficient time to review this Agreement and is freely and voluntarily entering into same with full knowledge and intent to relinquish certain legal rights as set forth herein. By signing below I certify and agree that I am authorized to sign this document on behalf of my child by all of the parents and/or legal guardians of the child and that all parents and/or legal guardians of the child know of and acquiesce to the signing of this document and agree to its terms.

 GENERAL RULES & RESTRICTIONS FOR BICYCLE USE

The following “General Rules & Restrictions for Bicycle Use” shall be binding upon you and your child (collectively referred to below as “You”) and Hawks Cay Resort as if the terms of same were fully incorporated into that certain Waiver, General Release, Assumption of Risk, Indemnity and Hold Harmless Agreement executed by you, individually and on behalf of your child.

1. Area(s) of Operation: You may only operate the Bicycle in the following areas: DUCK KEY.

2. Hours of Operation: Dawn until Dusk (weather permitting). THE BICYCLES PROVIDED HEREIN ARE NOT EQUIPPED WITH THE REQUIRED SAFETY GEAR TO BE OPERATED AT NIGHT.

3. Inspection: You agree to carefully inspect and test the Bicycle’s operating components prior to riding, and to notify Hawks Cay Resort if there appear to be any issues with the Bicycle. If at any time the Bicycle is not operating properly, You will immediately stop riding, return the Bicycle and notify Hawks Cay Resort. Acceptance or use of the Bicycle by You will be deemed to be an acknowledgement that the Bicycle is in good operating condition. Hawks Cay Resort does not provide any warranties, express or implied, including but not limited to the warranty of merchantability or fitness for a particular purpose, and the Bicycle and equipment is accepted “As Is”.

4. Age Restriction: You are and must be 18 years of age or older. If you are under 18 years of age and wish to use a bicycle you must be accompanied by a parent or legal guardian who may execute and agree to the terms of use on your behalf.

5. Restriction from riding or operating the Bicycle in adverse weather conditions: You agree that You will not ride, operate or use a Bicycle in any manner during adverse weather conditions, including but not limited to: tornados, hurricanes, fog, heavy rains, or lightning storms.

6. Requirement to Comply with all applicable local, state, and county rules, regulations, codes and laws that relate to the safe operation of a bicycle. You certify You have familiarized Yourself with such prior to riding or operating a Bicycle. Should You wish to further review such regulations, they can be obtained from the State of Florida, the Florida Bicycle Organization and on the internet.

7. Restrictions of Type of Use of Bicycle: You shall not ride the Bicycle on unpaved roads, through puddles or water, or upon any other potentially hazardous conditions. You agree not to tow, pull, carry or push any person or object with Bicycle as such can create an unsafe condition.

8. Requirement to report accidents or incidences of theft, loss and damage to Police: You must contact Hawks Cay Resort and local Police immediately in the event of theft of the Bicycle or an accident that occurred during Your use of Bicycle resulting in bodily injury. A police report should be obtained in any of these events.

9. Liability in the event of theft or loss of Bicycle: You agree to maintain the Bicycle in a secure manner at all times. You shall be liable and responsible for any costs, claims, judgments, demands, damages, injuries, expenses, penalties, expenditures of any nature, causes of action, losses, attorney’s fees and court costs of any kind relating to a stolen or lost Bicycle.

10. Responsibility for Damage to Bicycle or Other Property: You expressly agrees to return the Bicycle to Hawks Cay Resort in the same condition as when received. You understand that You are fully responsible for any and all loss, damage or theft of the Bicycle and that the costs for same shall be an authorized charge to Your room and/or credit card.

By signing below I certify and agree that I am authorized to sign this document on behalf of the child by all of the parents and/or legal guardians of the child. I represent that all parents and/or legal guardians of the child know of and acquiesce to the signing of this document and agree to its terms.


Dated: July 22, 2025


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 Information
Age:
Room Number:
Bike Number:
Helmet*
No
Yes
Lock*
No
Yes
Time Out:
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Second Participant's Information
Age:
Room Number:
Bike Number:
Helmet*
No
Yes
Lock*
No
Yes
Time Out:
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Information
Age:
Room Number:
Bike Number:
Helmet*
No
Yes
Lock*
No
Yes
Time Out:
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Information
Age:
Room Number:
Bike Number:
Helmet*
No
Yes
Lock*
No
Yes
Time Out:
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Information
Age:
Room Number:
Bike Number:
Helmet*
No
Yes
Lock*
No
Yes
Time Out:
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Information
Age:
Room Number:
Bike Number:
Helmet*
No
Yes
Lock*
No
Yes
Time Out:
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Information
Age:
Room Number:
Bike Number:
Helmet*
No
Yes
Lock*
No
Yes
Time Out:
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Information
Age:
Room Number:
Bike Number:
Helmet*
No
Yes
Lock*
No
Yes
Time Out:
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Information
Age:
Room Number:
Bike Number:
Helmet*
No
Yes
Lock*
No
Yes
Time Out:
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Information
Age:
Room Number:
Bike Number:
Helmet*
No
Yes
Lock*
No
Yes
Time Out:
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
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*
Phone*
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 Information
Age:
Room Number:
Bike Number:
Helmet*
No
Yes
Lock*
No
Yes
Time Out:
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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