Release and Waiver of Liability and Indemnification Agreement
In consideration of being permitted to participate in the Naturally PSL Green Spaces and Places Conservation Corps Volunteer Program (“Volunteer Program”), I, ________________, on behalf of my child, __________________, hereby release, waive, discharge The City of Port St. Lucie, Florida, its officers, agents, or employees (“Releasees”) from any and all liability, claims, demands, actions, and causes of action of any kind or nature arising out of or related to any loss, damage, or injury, including death, that my child or any of my child’s property may sustain resulting from my child’s participation in or in any way connected with my child’s participation in the Volunteer Program, regardless of whether such loss is caused by the negligence of the Releasees and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, and covenant not to sue the Releasees based on the same.
It is my express intent that this Release and Waiver of Liability and Indemnification Agreement (“Release”) bind my family members, spouse, heirs, assigns, personal representatives, and anyone else entitled to act on my behalf to the extent they act on my behalf, and is deemed as a release, waiver, discharge, and covenant not to sue the Releasees.
I understand that my child’s participation in the Volunteer Program involves an inherent risk of personal injury and even death, and my child hereby elects to voluntarily participate in said Volunteer Program, knowing that the Volunteer Program may be hazardous to my child and my child’s property. I understand that the City of Port St. Lucie, Florida does not require my child to participate in the Volunteer Program. I assume full responsibility for any risks of loss, property damage, or personal injury, including death, that my child or my child’s property may sustain as a result of being engaged in such Volunteer Program, whether caused by the negligence of the Releasees or otherwise, including as a result of negligent rescue operations. I hereby acknowledge that I know of no medical reason why my child should not participate in the Volunteer Program.
In the event of an emergency, I authorize the City of Port St. Lucie, Florida to secure from any licensed hospital, physician, or medical personnel any treatment deemed necessary for my child’s immediate care. I agree that I will be responsible for payment of any and all medical services rendered.
I further covenant and agree to indemnify and hold harmless the Releasees from any loss, liability, damage, or costs, including attorneys' fees and court costs, they may incur arising out of or related to my child’s participation in the Volunteer Program, whether caused by the negligence of the Releasees or otherwise, including as a result of negligent rescue operations.
I further covenant and agree that this Release shall be construed in accordance with the laws of the State of Florida and that any mediation, suit, or other proceeding relating to this Release and any activities covered hereby must be filed or entered into only in St. Lucie County, Florida and the federal or state courts of St. Lucie County, Florida. Any portion of this Release deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the Release as a whole to the full extent authorized by law.
I understand that the Releasees’ acceptance of this Release shall not constitute a waiver, in whole or in part, of any sovereign or official immunity by the Releasees.
I have read and fully understand this Release as set forth above and understand that I have given up substantial rights by signing it. I certify that I have reached the age of majority and have signed under my own free will, and that my child is suffering under no disabilities/impairments/medical conditions or previous injuries that would prevent my child from safe participation in the Volunteer Program or potentially lead to my child’s injury or the injury of another participant. I understand that this Release will be retained and constitutes a public record.