Grassy Waters Conservancy

Supporting the Everglades in West Palm Beach

WAIVER, RELEASE, AND ASSUMPTION OF RISK

WAIVER, RELEASE, AND ASSUMPTION OF RISK

 

 

I and my successors, assigns, heirs, and personal representatives, collectively, FIRST PARTY, for good and valuable consideration hereby agree with Grassy Waters Conservancy, Inc., a Florida not-for-profit corporation, and its officers, directors, shareholder, employees, representatives, agents, volunteers, and any related parties, collectively, SECOND PARTY (wherever used herein the terms “FIRST PARTY” and “SECOND PARTY” shall include singular and plural, heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires) with respect to the following:

 

  1. I HEREBY waive, remise, release, acquit, satisfy and forever discharge the said SECOND PARTY, of and from all, and all manner of action and actions, cause and causes of action, suits, debts, dues, agreements, promises, variances, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, without limitation any and all claims by the undersigned or any person for injury, disability, death, or loss or damage to person or property, whether caused by negligence or otherwise, whether caused by active or passive negligence of the SECOND PARTY or otherwise, which said FIRST PARTY, hereafter can, shall or may have, against said SECOND PARTY, for, upon or by reason of any matter, cause or thing whatsoever, arising in connection with any event, activity, or program provided by, sponsored, hosted, arranged or advertised by the SECOND PARTY in which I participate (collectively, “Activity”); and

 

  1. I HEREBY agree to indemnify and hold harmless the SECOND PARTY from any and all manner of action and actions, cause and causes of actions, suits, debts, dues, agreements, promises, variances, damages, judgments, executions, claims and demands whatsoever (including, specifically, attorneys’ fees and costs in all trial, appellate, bankruptcy and post‑judgment proceedings), whether same be liquidated or unliquidated, known or unknown, foreseen or unforeseen, future, accrued, or unaccrued, and whether same be at law or in equity, which the SECOND PARTY may be subjected to, or incur in connection with any claim FIRST PARTY may make against the SECOND PARTY or in connection with the above-described Activity in any manner; and

 

  1. I HEREBY AFFIRM AND ACKNOWLEDGE THAT I AM FULLY AWARE OF THE INHERENT HAZARDS AND RISKS ASSOCIATED WITH THE ACTIVITY INCLUDING, BUT NOT LIMITED TO: (A) THE RISK OF INJURY FROM THE ACTIVITY AND EQUIPMENT UTILIZED IN THE ACTIVITY, INCLUDING THE POTENTIAL FOR PERMANENT DISABILITY AND DEATH; (B) POSSIBLE EQUIPMENT FAILURE AND/OR MALFUNCTION OF MY OWN OR OTHER’S EQUIPMENT; (C) THE RISKS ASSOCIATED WITH EXPOSURE TO ELEMENTS, ENCOUNTERING OBJECTS EITHER NATURAL OR MANMADE, COLLISION AND/OR CONTACT WITH OTHER PERSONS AND ANY OTHER ACTIVITIES THAT COULD RESULT IN INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE; (D) MY OWN NEGLIGENCE AND/OR THE NEGLIGENCE OF OTHERS; AND (E) FATIGUE WHICH MAY DIMINISH REACTION TIME AND INCREASE THE RISK OF ACCIDENT. I UNDERSTAND THAT THE ABOVE DESCRIPTION OF RISKS IS NOT COMPLETE AND THAT UNKNOWN OR UNANTICIPATED RISKS MAY RESULT IN INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE.  I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE SECOND PARTY OR OTHERWISE.  I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO.  I REPRESENT AND WARRANT THAT I WILL COMPLY WITH ALL LAWS AND REGULATIONS APPLICABLE TO THE PROPERTY UPON WHICH THE ACTIVITY IS LOCATED; AND

 

  1. I HEREBY grant to the SECOND PARTY, and those acting pursuant to their authority, the absolute right and permission to:

 

  1. Record my likeness and appearance on video, through an audio device of any kind, film, photograph, display, billboard, or any other medium.
  2. Use my name, likeness, voice and biographical material in connection with these recordings.
  3. Exhibit or distribute such recording in whole or in part without restrictions or limitation for any educational, promotional, advertising, or solicitation purpose which the SECOND PARTY, and those acting pursuant to their authority, deems appropriate.

I further grant to the SECOND PARTY the right to copyright such pictures and images in their own name or to publish, to market and to assign, including the sharing of this property with third parties, without further consideration, compensation or report to me.

I hereby waive any rights or interests that I might have in the photographs, displays, and other images, including any rights to inspect and/or approve the finished videos, audio recordings, film, photographs, displays, billboards, or other images, or as to the use of which so long as their use shall be lawful.

I, on behalf of myself, my family, heirs, and personal representatives, expressly release, discharge and agree to hold harmless the SECOND PARTY and their respective officers, representatives, agents, employees, volunteers, related parties and assigns from and against any and all claims, demands and causes of action which I might have arising from any actual or alleged violation or infringement of any trademark, trade name, contract, agreement, copyright (common law or statutory), patent, invasion of privacy, defamation, or any other cause of action arising out of the production, distribution and exhibition of the finished videos, audio recordings, film, photographs, displays, billboards, or other images.

  1. This Agreement constitutes the sole and entire agreement of the FIRST PARTY and SECOND PARTY with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the parties and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Palm Beach County, Florida and I hereby consent to the exclusive jurisdiction of such courts.

 

ACKNOWLEDGING THIS AGREEMENT BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE SECOND PARTY.

 

IF I HAVE SIGNED UP OR ARRANGED FOR AN ACTIVITY FOR A MINOR, I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR.  I HAVE THE LEGAL RIGHT TO CONSENT TO AND, BY ACKNOWLEDGING THIS AGREEMENT, I HEREBY DO CONSENT TO THE TERMS AND CONDITIONS OF THIS WAIVER, RELEASE, AND ASSUMPTION OF RISK ON BEHALF OF SUCH MINOR.