ACTIVITY RELEASE AND PARTICIPATION AGREEMENT
This Activity Release and Participation Agreement (hereinafter “Release”) is entered into on __________________________, by and between by Sports at WEC, LLC, Arena Horse Shows of Ocala, L.L.C. and Equestrian Operations, L.L.C., (the “Released Parties”) the adults whose names and signatures appear below, the minors whose names appear below and whose guardians’ signatures appear below (together, said adults and minors are the “Participants”).
In consideration of being permitted to participate in the activities and events of a Sports at WEC Soccer Camp or sponsored game either as a player or volunteer, (the “Activities”), which Activities are provided by the Released Parties, located at 1750 NW 80th Ave, Ocala, FL 34482, (the “Property”) and/or use of the property, facilities, equipment and services of the Property or any off site location, I hereby attest that, after reading this Activity Release and Participation Agreement (the “Release”) completely and carefully, my participation in the Activities is entirely voluntary, and I further understand and agree as follows:
NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN
PURSUANT TO FLORIDA STATUTE 744.301
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PROPERTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASED PROPERTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
THE NOTICE IN THE PRECEDING PARAGRAPH IS ALSO GIVEN AND APPLICABLE IF YOU ARE THE LEGAL GUARDIAN OF A MINOR WARD, IN WHICH CASE BY SIGNING THIS FORM YOU ARE AGREEING TO LET YOUR MINOR WARD ENGAGE IN POTENTIALLY DANGEROUS ACTIVITIES AND GIVING UP YOUR MINOR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES, ALL AS MORE FULLY EXPLAINED HEREIN; IT BEING UNDERSTOOD AND AGREED THAT, AS USED IN THE PRECEDING PARAGRAPH, THE TERM “CHILD” INCLUDES YOUR MINOR WARD FOR ALL PURPOSES.
I hereby certify that I am 18 years of age or older and I have the authority to contract on my own behalf, on behalf of my spouse and on behalf of all Minor Participants whose names appear above. I also certify that I am the natural or legal guardian of the Minor Participants listed above and have the legal capacity to enter into this Release on his/her/their behalf.
In consideration of being able to freely and voluntarily participate in the Activities, which are hereby acknowledged to be inherently dangerous and risky activities, each adult Participant, on his/her own behalf, on behalf of his/her spouse, on behalf of all Minor Participants, and the legal representatives, heirs, assigns of him/herself and of the Minor Participants (each of the foregoing is a “Releasor”), does hereby release, waive, and discharge all claims, demands, or right of action, which may arise against the Released Parties, their officers, directors, managers, shareholders, members, owners, employees, and agents and the successors, assigns, and heirs of each of the foregoing in connection with the risks inherent in participation in Activities.
I, on behalf of Minor Participants, understand that there are inherent risks involved in participating in the Activities, which shall mean those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the participation in Activities and which are not eliminated even if the Released Parties act with due care in a reasonably prudent manner Inherent risks additionally include a failure by the Released Parties to warn the Minor Participants or his or her guardian of a specific inherent risk. I, on behalf of Minor Participants, agree to assume all inherent risks involved with participation in Activities. I, on behalf of Minor Participants, understand and agree that this Release includes any claims, actions, damages or lawsuits of any kind brought by me, my spouse, Minor Participants, or by anyone else, including those for personal injuries, death, illness or damage to or loss of property arising from inherent risks involved in participation in the Activities.
In consideration of being able to freely and voluntarily participate in the Activities, Releasors further agree to defend, indemnify and hold harmless the Released Parties from and against any and all claims, liability, loss, damage or cost, including attorneys’ fees, which Released Parties may incur directly or indirectly arising from any liability whatsoever in connection with Releasors’ participation in the Activities or Releasors’ assertion of a claim, including, without limitation, those for personal injuries, illness, death, damage to or loss of property, misrepresentations made in connection with participation in the Activities, whether in an individual capacity, as guardian of a Minor Participant, or otherwise. Releasors acknowledge and assume the risks of engaging in the Activities, including the risk of serious bodily injury to self and others, death, and property damage, and assumes full responsibility for these risks, whether due to negligence of the Released Parties or otherwise.
This Release shall be governed by the laws of the State of Florida without reference to the principles of conflicts of law. In case of dispute arising over the stated terms and agreements of this Release, the disputer agrees to place venue only in Marion County, Florida, and to incur all of the defendant’s attorney fees if the defendant wins any disputes.
Releasors understand this Release is intended to be as broad and inclusive as permitted by law and that if any term or provision of this Release shall be held invalid or unenforceable by a court of competent jurisdiction, the remaining terms of the Release shall remain effective to the fullest extent permitted by law.
This Release shall be binding upon myself, my spouse, and Minor Participants, as well as our family members including but not limited to me, as well as legal representatives, personal representatives, successors, heirs, next of kin, executors, administrators, insurers and employers.
I further agree that I have read, completely understand, and will abide by all posted rules and regulations.
I HAVE READ AND UNDERSTAND THE FOREGOING RELEASE AND ACCEPT AND AGREE TO ITS TERMS AND SIGN IT VOLUNTARILY.