Waiver of Liability, Assumption of Risk, and Indemnity Agreement: READ CAREFULLY BEFORE SIGNING
Participation Waiver
: In consideration of the opportunity to participate in any of the activities ("Activities"), listed in the attached Exhibit A (on following
page), provided by the City of Winter Garden, I, for myself, my family, my children, my heirs, my estate, my personal representatives and assigns
(hereinafter collectively referred to as “Participant”),
do hereby completely and fully release, waive, covenant not to sue, and forever discharge
the City
of Winter Garden, its elected and appointed officials, and its officers, employees and agents (collectively hereinafter “the City”), from all liability,
responsibility, actions, damage, costs and claims for personal injury, accidents, illnesses, death, and property damage and loss (hereinafter collectively
referred to as “Injuries and Loss”), arising from, related to, or in any way connected to participation in any of the !ctivities, including, without limitation,
travel to or from any of the Activities, use of photographs and images taken of Participant while participating in Activities, use of any equipment associated
or used in conjunction with any of the Activities, and including Injuries and Loss which may be suffered by Participant before, during or after any of the
Activities.
Participant understands that this waiver includes any claims based on negligence.
Participant freely accepts and fully assumes all such risks, dangers, and hazards and the possibility of personal and bodily injury, death, property damage,
and loss resulting from such risks, dangers and hazards. Participant agrees that it is Participant’s responsibility to familiarize him or herself with
environment and health and safety requirements applicable to the Activities in which Participant will participate. Additionally, Participant understands and
fully accepts that if the Participant chooses to participate in any activity that is not one of the listed Activities that the Participant is fully responsible for the
consequences of Participant’s conduct and fully assumes all risks associated therewith. Participant hereby grants permission, without further notice and
compensation, to the City of Winter Garden and its employees and agents, to use photographs and digital images taken of Participant while conducting
Activities for use in news releases, publications, educational materials, and other printed or electronic communications, or any combination thereof.
Participant agrees that his/her name and identity may be revealed in descriptive text or commentary in connection with the image(s), and waives the right
to inspect or approve the finished product, including written or electronic copy, wherein his/her likeness appears.
Participant acknowledges and further accepts the responsibility of discussing Participant’s participation in any of the listed Activities with Participant’s
physician and to obtain adequate medical, health, dental, travel and all other forms of insurance that may apply. Participant agrees the City is not
responsible for obtaining insurance for any Participant.
Facility Use Waiver
: In consideration of permission to use, today and on all future dates, the property, facilities, staff, equipment and services of any
facility owned, leased, rented, and/or used by the City, the Participant
does hereby release, waive, covenant not to sue, and
discharge
the City from all
liability, responsibility and claims for personal injury, accidents, loss, illnesses, death, and property damage or loss arising from, related to, or in any way
connected to participation in any of the listed !ctivities, including use of the City’s facilities, premises, and equipment.
Assumption of Risks:
Participation in any of the Activities carries with it certain inherent risks that cannot be eliminated regardless of the care taken to
avoid injuries. The City has facilities for and provides for activities such as weight lifting, running, swimming, aerobic activities, various classes and sporting
activities. Some of these involve strenuous exertions of strength using various muscle groups, some involve quick movements involving speed and change
of direction, and others involve sustained physical activity which places stress on the cardiovascular and skeletal systems. The specific risks vary from one
activity to another, including, but not limited to: 1) minor injuries such as scratches, bruises, sprains, and broken bones to 2) major injuries such as eye
injury or loss of sight, joint or back injuries, heart attacks, and concussions to 3) catastrophic injuries including paralysis and death.
Participant knows of no physical limitation which should keep Participant from participating in any of the Activities.
The undersigned has read the
previous paragraphs and knows, understands, and appreciates these
and other risks that are inherent in the Activities. Participant hereby
asserts that
the Participant’s participation is
voluntary and that Participant knowingly assumes all such risks, whether foreseen or unforeseen.
Participant agrees to
abide by all City policies and rules regarding Participant’s participation in any of the !ctivities.
Indemnification and Hold Harmless:
Participant also agrees to INDEMNIFY AND HOLD the City HARMLESS from any and all claims, disputes, actions, suits,
procedures, costs, expenses, damages, injuries, and liabilities, including attorney’s fees (both at the litigation and appellate levels), relating to or arising
from Participant’s involvement in any of the !ctivities, and to reimburse the City for any such fees, costs and expenses incurred by the City.
Severability:
Participant further expressly agrees that the foregoing waiver, assumption of risks, indemnification and hold harmless provisions of this
document are intended to be as broad and inclusive as is permitted by the laws of the State of Florida, and that if any portion thereof is held invalid or
unenforceable, it is agreed that the balance shall remain and continue in full legal force and effect.
Acknowledgment of Understanding:
The undersigned has read these waivers of liability, assumption of risks, and indemnity and hold harmless provisions,
fully understands them, and
understands that Participant is giving up
substantial rights, including Participant’s right to sue
. The undersigned
acknowledges that the undersigned is signing this document on behalf of the Participant freely and voluntarily, and
intends this, by the undersigned’s
signature, to be a complete and unconditional
release of all liability and responsibility
on the part of the City to the greatest extent allowed by law. The
undersigned further agree that no oral representations, statements or inducements apart from the foregoing written agreement have been made by the
City, but if made, the undersigned has not, and will not, rely on such.
Signature of Participant or Parent (if participant is a minor) Date Print Participant/Parent Name
Name of Family Member 2 Name of Family Member 3
Name of Family Member 4
Name of Family Member 5
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