RELEASE OF LIABILITY, ASSUMPTION OF RISK,
COVENANT NOT TO SUE, AND HOLD HARMLESS AGREEMENT
(Authorized signature is required)
In consideration of the opportunity to participate in the DeSoto Heritage Festival Grand Parade, (“The Event”) I, {Contact_Name} an authorized representative of: {Org_Company_Name}, (“My Organization”) do agree as follows:
Definitions:
- The "Agreement" shall refer to this Release of Liability, Assumption of Risk, Covenant Not to Sue, and Hold Harmless.
- "Released Party" shall refer to The Hernando DeSoto Historical Society, Inc. and include, it's past present and future members, owners, employees, officers, directors, principals, parents, subsidiaries, affiliates, associated corporations. agents, partners, representatives. predecessors, heirs, legal representatives, successors, and assigns.
- "My Organization" shall include, it's past, present, and future members, owners, employees. officers, directors, principals, parents, subsidiaries, affiliates, associated corporations, agents, partners, representatives, predecessors, heirs, legal representatives. successors and assigns.
- “The "Event" shall refer to My Organization's participation in the DeSoto Heritage Festival Grand Parade on The Event Date listed above beginning with My Organization's arrival at the location of The Event to its departure from that location.
- "Injury" shall refer to personal injury, bodily injury, death, property damage, and any other personal or financial loss sustained by My Organization that in any way results from or is connected with The Event.
Acknowledgement:
- I am at least 18 years of age and otherwise competent to sign the Agreement. I am a member of My Organization. I am specifically authorized to sign this Agreement on behalf of My Organization. My Organization is aware of this Agreement and agrees to be bound by its terms and conditions.
- Participation in a large parade, such as the DeSoto Heritage Festival Grand Parade has inherent dangers requiring skill, concentration, and attention by all participants. My Organization understands that no amount of care, caution, instruction, or expertise can completely eliminate such dangers
- No individual in My Organization is suffering from any illness or physical disability that would affect his or her ability to safely participate in The Event.
Release, Assumption of Risk, Covenant Not to Sue, and Hold Harmless:
- My Organization desires to participate in The Event. To do so, it voluntarily agrees to the following:
- My Organization releases, waives, and discharges the Released Party to the full extent allowed by law, from any and all liability, claims, demands, or causes of action for Injury, however caused, even if caused by negligence, in whole or in part and in any form, of the Released Party.
- My Organization expressly and voluntarily assumes all risk of Injury, to the full extent allowed by law, however caused, even if caused by the negligence, in whole or part and in any form, of the Released Party.
- My Organization will not sue or make a claim against the Released Party for Injury and if it violates this agreement by filling such a suit or making such a claim. My Organization will pay all attorneys' fees and cost of the Released Party.
- My Organization will defend, indemnify, and hold harmless the Released Party from all claims, judgments, and costs, including attorney's fees (to the limited extent that the defense and indemnity are not otherwise covered by collectible liability insurance), if someone suffers personal injury, bodily injury, death, or property damage as a result of My Organization's negligence, gross negligence, or willful misconduct in connection with The Event.
Termination, Applicable Law, and Severability:
- My Organization agrees that this Agreement will apply to The Event and may only be terminated in writing.
- My Organization understands that this agreement is a contract. My Organization agrees that this Agreement shall be governed and construed in accordance with the laws of the State of Florida. All disputes arising under, in connection with, or incident to this Agreement shall be litigated, if at all, in the Twelth Judicial Circuit, Manatee County, Florida.
- This agreement is intended to be as broad and Inconclusive as Is permitted by law. If any, article, paragraph, sentence, or clause of this Agreement shall be deemed unenforceable, the affected provision shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, and the remainder of the agreement shall continue in full force and effect.
I HAVE READ THIS DOCUMENT, I UNDERSTAND IT, AND I ACKNOWLEDGE THAT IT CONSTITUTES A RELEASE OF LIABILITY AND A WAIVER OF MY ORGANIZATION'S LEGAL RIGHTS. MY ORGANIZATION AGREES TO ASSUME ALL RISKS ARISING OUT OF THE EVENT, SO THAT IT CAN PARTICIPATE.