RELEASE AND WAIVER OF LIABILITY
This RELEASE AND WAIVER OF LIABILITY (this "Release") is executed as of the date signed below by ________________________________ (the “Undersigned”) in favor of Hobe Sound Farmers Market, LLC, a Florida limited liability company, and its members, officers, employees, and agents, (the “HSFM”) together with Be A Man Buy Land, LLC, a Florida limited liability, and its members, officers, employees, and agents (the “Property Owner”) (collectively the Farmer’s Market and Property Owner are referred to as the "Organization") in consideration of the Undersigned’s participation at the “Movie Night & Christmas Market” that includes a movie, crafts, vendor market, and hayride on the “Property” located at 1425 SE Bridge Road, Hobe Sound, Florida 33455 and the Undersigned hereby agrees to the following terms and conditions as set forth below:
Assumption of Risk. The Undersigned expressly understands, assumes and agrees to all risk associated with the Special Event on the Property. The Organization makes no warranties, express or implied regarding the Special Event. The Undersigned assumes all risks with the Special Event, and acknowledges and understands that included in this waiver is any cause of action, arising from the performance or failure to perform maintenance, inspection, supervision, or control of the Special Event by the Organization. Undersigned acknowledges and has considered those risks. The Undersigned hereby expressly and specifically assume such risks, including any and all risk of injury, harm, or loss that may incur as a result of Undersigned’s participation at the Special Event.
Release and Waiver. Undersigned hereby fully and forever releases and discharges the Organization from, and expressly waives, any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, that may arise during participation in the Special Event at the Property. Undersigned agrees not to make or bring any such claim or demand against the Organization, and fully and forever releases and discharges the Organization from liability under such claims or demands.
Insurance. UNDERSIGNED UNDERSTANDS THAT, EXCEPT AS AGREED TO BY THE ORGANIZATION IN WRITING, THE ORGANIZATION DOES NOT ASSUME ANY RESPONSIBILITY FOR OR OBLIGATION TO PROVIDE FINANCIAL ASSISTANCE OR OTHER ASSISTANCE, INCLUDING BUT NOT LIMITED TO LIABILITY, MEDICAL, HEALTH, OR DISABILITY INSURANCE OF ANY NATURE IN THE EVENT OF MY INJURY, ILLNESS, OR DEATH, OR DAMAGE TO OR LOSS OF PROPERTY.
Indemnification. The Undersigned shall defend, indemnify, and hold harmless the Organization against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, costs, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against the Organization in a final non-appealable judgment, arising out or resulting from any claim of a third party related to the participation in the Special Event at the Property, including any claim related to my own negligence, recklessness or willful misconduct.
Miscellaneous. The Undersigned hereby agrees that this Release represents the full understanding between the Organization and the Undersigned. If any term or provision of this Release shall be held to be invalid by any court of competent jurisdiction, that term or provision shall be deemed modified so as to be valid and enforceable to the full extent permitted. The invalidity of any such term or provision shall not otherwise affect the validity or enforceability of the remaining terms and provisions. This Release is binding on and inures to the benefit of the Organization and the Undersigned and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. Section headings are for convenience of reference only and shall not define, modify, expand, or limit any of the terms of this Release.
Governing Law. The Undersigned hereby agrees that this Release is intended to be as broad and inclusive as permitted, and that this Release shall be governed by and interpreted in accordance with the laws of the State of Florida, without reference to any choice of law doctrine. The Undersigned consents to the personal jurisdiction and venue of the state courts located in Martin County. The Undersigned acknowledges that this Waiver is a legally binding and, as such, agrees that if a lawsuit, claim, action, or proceeding is filed against the Organization in connection with this Agreement, the Undersigned will pay all reasonable fees and costs of any attorney’s, paralegals and consultants incurred by the Organization in defending any such lawsuit, claim, action or proceeding.
Photo Release: Undersigned grants and conveys to Organization all right, title and interests in any and all photographs, images, video, or audio recordings of Undersigned made by Organization in connection with Undersigned’s participation in the Special Event at the Property.
THE UNDERSIGNED HAS READ THIS AGREEMENT AND UNDERSTANDS THAT IT IS A PROMISE NOT TO SUE AND A RELEASE AND INDEMNIFICATION FOR ALL CLAIMS OF WHATEVER KIND OR NATURE.