The undersigned, herein called “Permitted Person”, in consideration of being permitted by the Lease Tenant, to enter upon certain lands of Owner, for the purpose of hunting, fishing, working or otherwise participating in any of the permitted activities of Tenant thereon, acknowledges that Tenant is required to obtain from undersigned by the terms of Tenant ’s Agreement with Owner, prior to entering such lands, the execution of this Waiver, Release and Indemnification Agreement, and Permitted Person hereby agrees as follows:
1. ASSUMPTION OF RISK
The Permitted Person has read the above referenced Hunting Lease Agreement and knows and understands the scope, nature and extent of the risks involved in those activities contemplated by Tenant and Permitted Person upon said premises, and voluntarily and freely chooses to incur such risks. The Permitted Person also knows and acknowledges that the waters on the lands referred to above are not treated nor controlled by Owner, and that the waters may not be pure or free from obstruction.
2. EXEMPTION FROM LIABILITY
The Permitted Person exempts and releases the Owner, its stockholders, directors, officers, agents, servants, and employees, from any and all liability, claims, demands or actions or causes of action whatsoever arising out of any damage, loss or injury to the Permitted Person or the Permitted Person’s property while upon the Premises of the Owner or while participating in any of the activities contemplated by any arrangements between Permitted Person and Tenant whether such loss, damage or injury results from the negligence of Owner, its officers, directors, agents, servants, or employees, or from some other cause.
3. COVENANT NOT TO SUE
The Permitted Person agrees never to institute any suit or action at law or otherwise against Owner, its stockholders, directors, officers, agents, employees, or servants, nor to initiate or assist in the prosecution of any claim for damages or cause of action which the Permitted Person, the Permitted Person’s heirs, executors, or administrators hereafter may have by reason of injury to the person of the Permitted Person or to the Permitted Person’s property while on the property of Lessor or arising from the activities contemplated by Permitted Person.
4. INDEMNITY AGAINST THIRD PARTY CLAIMS
The Permitted Person will indemnify, save and hold harmless Owner, its stockholders, directors, officers, agents, servants, and employees from any and all losses, claims, actions or proceedings of every kind and character which may be presented or initiated by any other persons or organizations and which arise directly or indirectly from the activities of the Permitted Person while engaged in any activities upon the property of Owner aforesaid.
5. PERSONAL PROPERTY
The Permitted Person shall, at their expense, remove all of their personal property from the Premises prior to the expiration of the Lease; agrees that any personal property left on the Premises after termination of the lease has no value and may be removed by Owner at the expense of the Permitted Person; and waives the application of Chapter 715, Florida Statutes, to property left on the Premises after termination of the Lease. BY SIGNING THIS AGREEMENT, THE PERMITTED PERSON AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE PREMISES, THE OWNER SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE PERMITTED PERSON'S PERSONAL PROPERTY.
6. CONTINUATION OF OBLIGATIONS
The Permitted Person agrees and acknowledges that the terms and conditions of the foregoing EXEMPTION FROM LIABILITY, COVENANT NOT TO SUE, and INDEMNITY AGAINST THIRD PARTY CLAIMS shall continue in full force and effect now and in the future at all times during which the Permitted Person participates, either directly or indirectly in any activities on said property of Owner, and shall be binding upon the heirs, executors and administrators of said Permitted Person or his estate.
PERMITTED PERSON HEREBY ACKNOWLEDGES THAT HE OR SHE HAS READ ALL OF THE PROVISIONS ABOVE, FULLY UNDERSTANDS THE TERMS AND CONDITIONS EXPRESSED HEREIN, AND HAS FREELY CHOSEN TO ACCEPT THE PROVISIONS HEREOF.