EVERGLADES DADS Assumption of Risk, Release and Indemnity Agreement for Minors

I certify to Everglades Dads, Inc. (“EVERGLADES DADS”) that I am the parent and/or legal guardian of the minor person(s) whose name(s) is(are) printed below (hereafter, as to each such minor person, “my child”) and that I have full authority to sign this document on behalf of my child and to legally bind my child to the terms of this document. In consideration of my child being permitted to enter upon, use and/or observe, for any purpose, the premises, facilities, equipment, services and programs of EVERGLADES DADS and any on-site or off-site program(s) affiliated with EVERGLADES DADS, including but not limited to monthly tribe or circle meetings, I, for myself and my child and each of our heirs, executors, personal representatives and beneficiaries, hereby acknowledge and agree as follows:

 

1.  I hereby certify that my child is physically and mentally capable of safely participating in EVERGLADES DADS programs. I assume full responsibility for all risks of bodily injury, death, and property damage, whether or not due to the negligence of EVERGLADES DADS, its directors, officers, employees, contractors and/or agents (hereinafter referred to, individually, as an “EVERGLADES DADS Party” and, collectively, as the “EVERGLADES DADS Parties”), while my child is in, upon, using/observing, and/or participating in, for any purpose, the premises, facilities, equipment, services and programs of EVERGLADES DADS and/or any on-site or off-site program(s) affiliated with EVERGLADES DADS, including, without limitation, the risks of thrown, kicked or batted balls, falling objects, uneven ground, holes in the ground and automobile accidents. Prior to allowing my child to enter, use/observe or participate in any such premises, facility, equipment, service or program, I will inspect and carefully consider the risks associated therewith and will not register my child for or otherwise permit my child to enter, use/observe or participate in any such premises, facility, equipment, service or program unless my child is physically and mentally capable of safely doing so and I am willing to assume all such risks.

 

2.  I hereby release, waive and discharge all of the EVERGLADES DADS Parties from, and covenant not to sue any of the EVERGLADES DADS Parties for, any and all actions, causes of action, damages, claims and demands whatsoever (including, without limitation, for personal injuries, death and property damage) which I or my child ever had, now have, or hereafter can, shall or may have, arising out of or in connection with my child’s entry upon, use/observation of, and/or participation in, for any purpose, the premises, facilities, equipment, services and programs of EVERGLADES DADS and/or any on-site or off-site program(s) affiliated with EVERGLADES DADS, whether the same arises or is caused by the sole or joint negligence of any EVERGLADES DADS Party or otherwise, and whether the same is now known or unknown, foreseen or unforeseen. I acknowledge and agree that this is a perpetual release of all personal injury and other claims and is intended to cover each and every present and future occasion on which my child enters upon, uses/observes and/or participates in, for any purpose, the premises, facilities, equipment, services and programs of EVERGLADES DADS and/or any on-site or off-site program(s) affiliated with EVERGLADES DADS.

 

3.  I hereby agree to indemnify and to hold harmless all of the EVERGLADES DADS Parties from and against any and all claims, actions, damages, losses, liabilities, costs and expenses of any nature whatsoever (including, without limitation, reasonable attorneys’ fees and expenses), whether known or unknown, foreseen or unforeseen, present or future, that any EVERGLADES DADS Party may incur or suffer as a result of or in connection with my child’s entry upon, use/observation of, and/or participation in, for any purpose, the premises, facilities, equipment, services and programs of EVERGLADES DADS and/or any on-site or off- site program(s) affiliated with EVERGLADES DADS, whether the same arises or is caused by the sole or joint negligence of any EVERGLADES DADS Party or otherwise, and/or any certification made by me in this document which is not true and correct in any respect.

 

4.  I hereby irrevocably grant to the EVERGLADES DADS Parties my permission and the full right to (a) obtain and authorize medical treatment deemed necessary for my child in the event of injury or other emergency, and I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation, and (b) use for promotional and all other legal purposes any photographs, videos, recordings and any other record of my child upon or using the premises, facilities, equipment, services and programs of EVERGLADES DADS and any on-site or off-site program(s) affiliated with EVERGLADES DADS.

 

5.  I hereby agree that EVERGLADES DADS has the right to suspend and/or terminate my child’s participation in any and all EVERGLADES DADS services and programs for non-payment of dues or fees, or for behavior that interferes with the enjoyment of EVERGLADES DADS services and programs by other participants/staff or for any reason deemed sufficient in the sole discretion of EVERGLADES DADS. All dues and fees for EVERGLADES DADS services and programs are non-refundable except as may be otherwise stated in writing by EVERGLADES DADS.

 

I understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Florida and that if any portion hereof is held invalid, the balance shall continue in full legal force and effect. This Agreement is binding on and shall inure to the benefit of EVERGLADES DADS, the EVERGLADES DADS Parties, me, and my child, and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). No representations or statements of inducement have been made to me.

 

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ, FULLY UNDERSTOOD, AND AM VOLUNTARILY SIGNING, THIS ASSUMPTION OF RISK, RELEASE AND INDEMNITY AGREEMENT.

Everglades Dads Assumption of Risk, Release and Indemnity Agreement for Adults

I understand that Everglades Dads, Inc. (“EVERGLADES DADS”) is a non-profit organization offering programs on terms that may not otherwise be available to me. In consideration of being permitted to enter upon, use and/or observe, for any purpose, the premises, facilities, equipment, services and programs of EVERGLADES DADS and any on-site or off-site program(s) affiliated with EVERGLADES DADS, including but not limited to monthly tribe or circle meetings, I, for myself and my heirs, executors, personal representatives and beneficiaries, hereby acknowledge and agree as follows:

1.  I hereby assume full responsibility for all risks of bodily injury, death, and property damage, whether or not due to the negligence of EVERGLADES DADS, its directors, officers, employees, contractors and/or agents (hereinafter referred to, individually, as an “EVERGLADES DADS Party” and, collectively, as the “EVERGLADES DADS Parties”), while I am in, upon, using/observing, and/or participating in, for any purpose, the premises, facilities, equipment, services and programs of EVERGLADES DADS and/or any on-site or off-site program(s) affiliated with EVERGLADES DADS, including, without limitation, the risks of thrown, kicked or batted balls, falling objects, uneven ground and holes in the ground. Immediately upon entering or using any such premises, facility, equipment, service or program, I will inspect and carefully consider the risks associated therewith and will not remain in or use such premises, facility, equipment, service or program unless I am willing to assume all such risks.

2.  I hereby release, waive and discharge all of the EVERGLADES DADS Parties from, and covenant not to sue any of the EVERGLADES DADS Parties for, any and all actions, causes of action, damages, claims and demands whatsoever (including, without limitation, for personal injuries, death and property damage) which I ever had, now have, or hereafter can, shall or may have, arising out of or in connection with my entry upon, use/observation of, and/or participation in, for any purpose, the premises, facilities, equipment, services and programs of EVERGLADES DADS and/or any on-site or off-site program(s) affiliated with EVERGLADES DADS, whether the same arises or is caused by the sole or joint negligence of any EVERGLADES DADS Party or otherwise, and whether the same is now known or unknown, foreseen or unforeseen. I acknowledge and agree that this is a perpetual release of all personal injury and other claims and is intended to cover each and every present and future occasion on which I enter upon, use/observe, and/or participate in, for any purpose, the premises, facilities, equipment, services and programs of EVERGLADES DADS and/or any on-site or off-site program(s) affiliated with EVERGLADES DADS.

3.  I hereby agree to indemnify and to hold harmless all of the EVERGLADES DADS Parties from and against any and all claims, actions, damages, losses, liabilities, costs and expenses of any nature whatsoever (including, without limitation, reasonable attorneys’ fees and expenses), whether known or unknown, foreseen or unforeseen, present or future, that any EVERGLADES DADS Party may incur or suffer as a result of or in connection with my entry upon, use/observation of, and/or participation in, for any purpose, the premises, facilities, equipment, services and programs of EVERGLADES DADS and/or any on-site or off-site program(s) affiliated with EVERGLADES DADS, whether the same arises or is caused by the sole or joint negligence of any EVERGLADES DADS Party or otherwise, and/or any certification made by me in this document which is not true and correct in any respect.

4.  I hereby irrevocably grant to the EVERGLADES DADS Parties my permission and the full right to (a) obtain and authorize medical treatment deemed necessary for me in the event of injury or other emergency, and I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation, and (b) use for promotional and all other legal purposes any photographs, videos, recordings and any other record of me upon or using the premises, facilities, equipment, services and programs of EVERGLADES DADS and any on-site or off-site program(s) affiliated with EVERGLADES DADS.

5.  I hereby agree that EVERGLADES DADS has the right to suspend and/or terminate my membership and my participation in any and all EVERGLADES DADS services and programs for non-payment of dues or fees, or for behavior that interferes with the enjoyment of EVERGLADES DADS services and programs by other participants/staff or for any reason deemed sufficient in the sole discretion of EVERGLADES DADS. All dues and fees for EVERGLADES DADS services and programs are non-refundable except as may be otherwise stated in writing by EVERGLADES DADS. In addition to other rights, EVERGLADES DADS reserves the right to: (a) charge and collect from me a service fee on all balances which are 30 days past due; (b) recover from me, the applicable member, any collection fees, court costs, and reasonable attorneys’ fees; and (c) collect from me a service fee for any check or draft payable to EVERGLADES DADS which is not honored.

I understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Florida and that if any portion hereof is held invalid, the balance shall continue in full legal force and effect. This Agreement is binding on and shall inure to the benefit of EVERGLADES DADS, the EVERGLADES DADS Parties, the undersigned, and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). No representations or statements of inducement have been made to me.

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ, FULLY UNDERSTOOD, AND AM VOLUNTARILY SIGNING, THIS ASSUMPTION OF RISK, RELEASE AND INDEMNITY AGREEMENT.

NOTICE TO THE MINOR/CHILD’S NATURAL GUARDIAN
PURSUANT TO SECTION 744.301 OF FLORIDA STATUTES

 
THIS IS YOUR RELEASE AND WAIVER OF LIABILITY (the “Release”). You, individually, and on behalf of your minor child(ren) whose name(s) is(are) listed below, release Everglades Dads, Inc., its officers, directors, board members, employees, volunteers, agents, independent contractors, other participants and/or others acting on its behalf (collectively, “EVERGLADES DADS”). You agree that this Release is effective immediately.

 

READ THIS FORM COMPLETELY AND CAREFULLY.

 

YOU ARE AGREEING TO LET YOUR MINOR/CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT EVEN IF EVERGLADES DADS USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR MINOR/CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR MINOR/CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE ABOVE-MENTIONED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR MINOR/CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE ABOVE-MENTIONED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR MINOR/CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

 

 

 

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ, FULLY UNDERSTOOD, AND AM VOLUNTARILY SIGNING THE ABOVE RELEASE AND WAIVER OF LIABILITY: