This Participant Waiver & Liability Release, Waiver of Right to Sue and Assumption of All Risks Agreement ("the Agreement") is hereby given by on his/her own behalf as a participant, AND/OR by the parent or guardian of the above named minor who is a participant in or to any program, activity or event taking place under the sponsorship of Sofia's Hope, Inc., a Florida not-for-profit corporation located at 10106 SW 126 Street, Miami, Florida (referred to herein as “Sponsor ”).
The purpose of this agreement is to exempt, waive and relieve Sponsor from any and all liability for wrongful death, personal injury, and property damage, including, but not limited to, liability arising from the negligence of Sponsor. "Sponsor" include Sofia's Hope, Inc. and their representatives, administrators, directors, agents, coaches, employees, and volunteers; other participants, sponsoring agencies, sponsors, and advertisers; and, if applicable, the owners, operators, and lessors of premises on which the activities or events take place.
The Undersigned ("Undersigned" means only the Participant when the Participant is age 18 or older or it means both the Participant and the Participant's parent or legal guardian when the Participant is under the age of 18) agrees and acknowledges as follows:
1. Risks of Activity. Participant will be taking part in activities that can be hazardous and involve the risk of physical injury and/or death. The activities are inherently dangerous and Undersigned fully realizes the dangers of participating in the activities. The dangers and risks of the activities include but are not limited to the condition of the premises and equipment, and the acts, omissions, representations, carelessness, and negligence of the Sponsor. Recognizing the risks and dangers, the Undersigned voluntarily chooses for Participant to participate in the activities and expressly assumes all risks and dangers of the participation in the activity, whether or not described above, known or unknown, inherent, or otherwise.
2. Release and Indemnification. Undersigned (a) unconditionally releases, forever discharges, and agrees not to sue the Sponsor for any claims or causes of action for any liability or loss of any nature, including personal injury, death, and property damage, arising out of or relating to Participant's participation in the activities, including, but not limited to, claims of negligence, breach of warranty, and/or breach of contract the Undersigned may/or will have against the Sponsor; and (b) agrees to indemnify, defend, and hold harmless the Sponsor from and against any liability or damage of any kind and from any suits, claims or demands, including legal fees and expenses, whether or not in litigation, arising out of, or related to, Participant's participation in the activity, whether or not described above, known or unknown, inherent, or otherwise.
3. Miscellaneous. Undersigned agrees (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this agreement shall be governed by the laws of the State of FL and the exclusive jurisdiction and venue for any claim shall be located in the state courts located in Miami-Dade County, FL; and (c) this agreement shall be binding upon the subrogors, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned. This RELEASE shall cover all incidents arising at any time throughout the duration of any and all activities contemplated herein, and shall remain in full force and effect from the date of this RELEASE forever.
Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this agreement. Additionally, by signing this agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the activities. If signing as the parent or guardian of a minor Participant, signing adult represents that he/she is the legal parent or guardian of the minor Participant.
Further, Participant consents to and authorizes the reproduction and use by Sponsor of any and all photographs and any other audio-visual materials taken of Participants for promotional materials, new publications, educational activities, exhibitions or for any other use for the benefit of the Sponsor. I have read and understand this RELEASE and voluntarily agree to be legally bound to its terms and conditions.
I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.