In exchange for participation in the activities of Men's and/or Women's Tres Dias weekends organized by North Florida Tres Dias, of PO Box 10167, Tallahassee, FL 32302 and/or use of the property, facilities, and service of North Florida Tres Dias, I, {fullName2}, of {address73}, agree for myself and (if applicable) for the members of my family, to the following:
1. Agreement to Follow Directions. I agree to observe and obey all posted rules and warning, and further agree to follow any oral instructions or directions given by North Florida Tres Dias, or the reprsentatives or agents of North Florida Tres Dias.
2. Assumption of Risks and Release. I recognize that there are certain inherent risks associated with the above described activity, and I assume full responsibility for the personal injury to myself, and further release and discharge North Florida Tres Dias for injury, loss or damage arising out of my use or presence upon the facilities used for a Noth Florida Tres Dias Weekend, whether caused by the fault of myself, North Florida Tres Dias, or other third parties.
3. Idemnification. I agree to indemnify and defend North Florida Tres Dias against all claims, cause of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my use of or presence upon the facilities used during a North Florida Tres Dias Weekend.
4. Fees. I agree to pay for all damages to the facilities used for a North Florida Tres Dias Weekend caused by negligent, reckless, or willful actions by me.
5. Applicable Law. Any legal or equitable claim that may arise from participation in the above shall be resolved under Florida law.
6. No Duress. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I agree to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that North Florida Tres Dias has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
7. Arm’s Length Agreement. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly, reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. Enforceability. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of other any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.