I unconditionally and irrevocably agree to the following agreement with F.R.I.E.N.D.S. DOWN SYNDROME SPECIAL NEEDS, a Florida, private operating foundation nonprofit, its officers, directors, and volunteers (described collectively as "F.R.I.E.N.D.S.” as a condition for F.R.I.E.N.D.S. DOWN SYNDROME SPECIAL NEEDS) allowing the undersigned, and the persons identified below, to enter upon and into that certain premises and the surrounding land for the sole purpose of participating in all of F.R.I.E.N.D.S. activities, events, activities including travel to and from events in connection with such activities.
This Waiver, Release of Liability, and Photo Release is intended to be valid and always binding, now and in the future, when F.R.I.E.N.D.S. permits the undersigned (directly or indirectly) to engage in any or all the Activities at any time or be present at the Premises, even if not engaged in the Activities at such time.
IT IS HEREBY AGREED AS FOLLOWS:
1. REQUEST. I have requested to engage in any or all F.R.I.E.N.D.S. Activities.
I am voluntarily participating in the Activities with full knowledge of the risks and dangers involved and agree to accept all risks of injury, death, or damage to myself and/or my personal property. As a participant in the Activities, I may meet the risk of personal or property injury due to those risks caused by, among other things, terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic, and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
F.R.I.E.N.D.S. has no knowledge of the safety of the Premises and I acknowledge that F.R.I.E.N.D.S. hereby advises me that, before I engage in the Activities, I should independently determine the safety of the Premises and whether it is safe to conduct the Activities I desire to conduct on the Premises. Further, I understand that engaging in the Activities on the Premises is dangerous and could result in personal injury to me. I understand these risks and potential dangers that are inherent in the Activities, regardless of where they take place, and I agree to assume them. I also understand that these are just some of the risks, and I agree to assume others that are not mentioned above. I am not relying on F.R.I.E.N.D.S. to list all possible related risks for me in this document or at any time, now or in the future.
BY SIGNING BELOW, I AGREE TO ASSUME ALL SUCH RISKS TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW.
As lawful consideration for F.R.I.E.N.D.S. allowing me to engage in any or all the Activities, now or in the future, I agree to assume full responsibility for all bodily injuries or damages which I may sustain at any time and at any location when engaging in these and other activities. I, for myself and for my heirs, family members, administrators, estate, personal representatives or assigns, fully and unconditionally release and discharge F.R.I.E.N.D.S. and its officers, directors, employees, agents, managers, members, representatives, volunteers, and heirs from liability in the event of any injury or damage of any nature to me or anyone else which may occur while engaging in any or all of the Activities, whether at the Premises or elsewhere (except if such injury or damage is caused by F.R.I.E.N.D.S. gross negligence or wanton and willful misconduct). If I should require medical care or treatment, I agree to be financially responsible for any costs incurred as the result of such treatment. I am aware and understand that I should carry my own health insurance.
THIS RELEASE IS GIVEN KNOWINGLY AND, BY SIGNING BELOW, I AGREE THAT I AM GIVING UP MY RIGHTS TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST F.R.I.E.N.D.S. OR THE RELEASED PARTIES NOW OR IN THE FUTURE.
I also agree to hold harmless and release F.R.I.E.N.D.S., and its respective officers, directors, employees, managers, members, representatives, assistants, from liability for any and all injuries, damages, or losses that my property may sustain at any time that may accrue from any cause whatsoever, including fire, theft, accidents or injuries, whether or not the property is on or near the Premises (except if such injury or damage is caused by F.R.I.E.N.D.S. gross negligence or wanton and willful misconduct).
I also agree to indemnify and hold harmless F.R.I.E.N.D.S., and its officers, directors, employees, agents, managers, members, representatives, assistants, and heirs against all damages which are sustained or suffered by any third person(s).
I understand that as a participant in the Activities, I may be recorded on film, video, or other electronic recording media. I hereby consent to such recording and to the use by F.R.I.E.N.D.S. of any recorded images or other media recordings of my name and likeness for any purpose related to furtherance of the objectives of F.R.I.E.N.D.S. including use in F.R.I.E.N.D.S. media properties such as its newsletters, social media, and websites. By signing I grant FRIENDS permission to copyright and use, reuse, publish, and republish Recordings, without restriction as to changes or alterations, for art, advertising, trade, or any other purpose. Further, I understand that all work product I create in my capacity as a participant in the Activities will be the property of F.R.I.E.N.D.S. and that F.R.I.E.N.D.S. will have the sole right to use, sell, license, publish, or transfer any such work product, in all media formats, including print, mechanical, and electronic.
I acknowledge that this Release will apply to the entire term of my participation in the Activities, starting with the date I participate in the Activities or enter on the Premises, whichever is earlier, even if it pre-dates the date of this Release, and continuing as long as I continue to engage in the Activities or enter on the Premises, and thereafter as is necessary to protect the interests and rights of F.R.I.E.N.D.S. arising herein.