IN CONSIDERATION of being given the opportunity to participate in any PLANT HIGH ROWING ASSOCIATION, INC. (“PHRA") activities (“Activities") until the end of the school year, I, for myself, my personal representatives, assigns, heirs, and next of kin, including, but not limited to, any child of mine participating in the Activities (collectively, “Releasors”):
1) ACKNOWLEDGE, agree, and represent that Releasors understand the nature of Activities, both on water and land-based, and that any Releasor participating in the Activities is qualified, able to swim, in good health, and in proper physical condition to participate in such Activity.
2) FULLY UNDERSTAND that (a) THE ACTIVITIES INVOLVE RISKS AND DANGERS of serious bodily injury, including permanent disability, paralysis, and death ("Risks”). (b) these Risks and dangers may be caused by Releasors’ own actions, or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or the negligence of the Releasees named below, (c) there may be other risks and social and economic losses either not known to Releasors or not readily foreseeable at this time, and RELEASORS FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES RELEASORS incur as result of any Releasor’s participation in the Activity.
3) AGREE AND WARRANT that Releasors will examine and inspect each Activity in which any Releasor takes part as a member of the PHRA and that, if such Releasor observes any condition which such Releasor considers to be unacceptably hazardous or dangerous, the Releasor will notify the proper authority in charge of the Activity and will refuse to take part in the Activity until the condition has been corrected to Releasor’s satisfaction.
4) HEREBY RELEASE, discharge, and covenant not to sue US Rowing, the PHRA, the Tampa Area Racecourse Association, Southwest Florida Water Management District, their administrators, directors, agents, officers, volunteers, and employees, other participants, regatta organizers, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activity takes place, (in each case, a “Releasee”) from all liability, claims, demands, losses, or damages on any Releasor’s account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations: and Releasors further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, Releasors, or anyone on Releasors’ behalf, makes a claim against any of the Releases, Releasors WILL INDEMNIFY, SAVE, AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss, liability damage, or cost which any may incur as the result of such claim, to the fullest extent permitted by law.
Notwithstanding the foregoing, pursuant to Section 744.301(3), Florida Statutes, if the Activities are deemed or determined to be a commercial activity for purposes of section 744.301(3), Florida Statutes, Releasors do hereby agree to forever release, waive and discharge and agree not to sue Releasees from all present and future claims which would accrue to the Releasors for personal injury, including death, and property damage, resulting from an inherent risk in the Activities.
Releasors acknowledge and understand that an "inherent risk" in the Activities means those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if the activity provider acts with due care in a reasonably prudent manner. The term includes, but is not limited to: (1) the failure by the activity provider to warn the natural guardian or minor child of an inherent risk and (2) the risk that the minor child or another participant in the activity may act in a negligent or intentional manner and contribute to the injury or death of the minor child. Releasors understand that a participant does not include the activity provider or its owners, affiliates, employees, or agents.
5) I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.
6) IN CONSIDERATION of being permitted to compete, officiate, observe, work, or participate in any way in the Activities, Releasors:
a) Affirm that I have not been diagnosed with, demonstrated any symptoms of or have in any way been exposed to any communicable diseases (including but not limited to the virus commonly referred to as COVID-19) within the last 14 days, or that I have complied with all local, state and federal guidelines and regulations as related to communicable diseases;
b) Understand and acknowledge that COVID-19 is an ongoing worldwide pandemic and is highly contagious, and that there are many confirmed infections in the State of Florida, including in Tampa, and public health experts estimate that there may be many more unconfirmed infections to date;
c) Understand and acknowledge that while Releasees have implemented various protective measures to help reduce the spread of COVID-19 and mitigate personal exposure, given the in-person nature of the Activities, Releasees cannot guarantee that the individuals, areas, or items Releasors may come into contact with are free of COVID-19;
d) Understand and acknowledge that there are certain dangers, hazards, and risks inherent in Releasor’s entering the premises and participating in Activities, including but not limited to becoming ill from COVID-19, transmitting COVID-19 as an asymptomatic or symptomatic carrier, exposure to heavy machinery or equipment and/or hazardous materials, slips, trips, falls, and any other risk or hazard which may present itself;
e) HEREBY RELEASE, discharge, and covenant not to sue the Releasees from all liability to Releasees for any and all loss or damage, and any claim or demands therefor, whether caused by the negligence of the Releasees or otherwise;
f) HEREBY agree to INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them from any loss, liability, damage, or cost they may incur arising out of or related to my illness or death, whether caused by the negligence of the Releasees or otherwise.
RELEASORS HAVE READ THIS COMMUNICABLE DISEASE RELATED HOLD HARMLESS, RELEASE, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT, UNDERSTAND ITS TERMS, UNDERSTAND THAT RELEASORS HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO RELEASORS AND INTEND RELEASOR’S SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
7) PARENTAL CONSENT (if participant is under the age of 18)
AND I, the minor’s parent and/or legal guardian, understand the nature of the Activities and the minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. I hereby release, discharge, covenant not to sue, and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the Releasees from all liability, claims, demands, losses, or damages on the minor’s account caused or alleged to be caused in whole or part by the negligence of the Releasees or otherwise, including negligent rescue operations, and further agree that if, despite this release, I, the minor, or anyone on the minor’s behalf makes a claim against any of the above Releasee, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost any may incur as the result of any such claim, to the fullest extent permitted by law.
NOTICE TO THE MINOR CHILD’S
NATURAL GUARDIAN
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 RELEASEES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR 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 CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR 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 RELEASEES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
