PLEASE REVIEW THIS DOCUMENT COMPLETELY AND CAREFULLY.
It includes a release of liability and waiver of legal rights on behalf of
yourself and your minor child/ward, including a waiver of the right to sue
certain parties. Do not agree to this document unless you have read and
understand it in its entirety. By signing this document, you acknowledge that
you have both read and understood the text presented to you. When you sign
below, you understand and agree that participating in Big Brothers Big Sisters
of Broward County’s programs, including sponsored events and related
activities, carry certain inherent dangers and risks which may or may not be
readily foreseeable, including, without limitation, personal injury, property
damage or death. You and your minor child/ward’s ability to participate in
these programs and events are subject to your agreement to the terms of this
Release of Liability and Waiver, and by signing this agreement, you accept and
agree to the terms stated herein on behalf of yourself and your minor
child/ward, as designated below, including the release of liability and waiver
of legal rights provisions. You have the right to refuse to sign this
agreement, and Big Brothers Big Sisters of Broward County and any other of the
released parties have the right to refuse to let you and/or the child
participate if you do not sign this agreement. I wish for the minor child/ward identified below
(referred to herein as the "Child") and myself (if applicable) to
participate in Big Brothers Big Sisters of Broward County’s (referred to herein
as “BBBS”) programs as well as any and all events hosted by, organized by or in
any way presented to myself and the Child by BBBS. I understand that mine
and/or the Child’s participation in any BBBS program and/or event, which may
include water activities, physical activities and/or activities that are
inherently dangerous, is voluntary and it is my responsibility to take proper
precautions to minimize the risk of injury to myself, the Child and
others.
Therefore, for good and valuable consideration,
including the right to participate in BBBS’ programs and events, the receipt
and sufficiency of which is hereby acknowledged, I agree on behalf of myself
and the Child as to the conditions stated in this Release of Liability and
Waiver (referred to herein as the “Release”).
Release, Indemnification and Waiver. As
consideration for myself (as applicable) and the Child being permitted to
participate in BBBS’ programs and/or events, I, the undersigned, on behalf of
myself and the Child, hereby irrevocably and unconditionally release,
discharge, hold harmless, indemnify, and covenant not to sue BBBS, its
employees, directors, members, board members, sponsors, partners, volunteers,
agents and/or the Child’s assigned Big Brother/Sister (collectively, the “Released
Parties”) of and from any and all liabilities, injuries, illness, disability,
death, losses, claims, damages, demands, rights of action or causes of action,
including those arising out of or related to potential exposure to the novel
coronavirus COVID-19, present or future, known or unknown, foreseen or
unforeseen, arising out of or in any manner resulting from my or the Child’s
presence at or participation in any BBBS program and/or event, including events
and physical activities that are inherently dangerous or carry risks of injury
or death to person or property, as well as outings with the Child’s Big
Brother/Sister including without limitation driving with the Child’s Big
Brother/Sister, whether caused in whole or in part by the negligence, acts,
omissions, carelessness, or other conduct of the Released Parties
(collectively, “Claims”). This Release shall be binding upon my and the
Child’s heirs, executors, administrators and assigns.
I further acknowledge that I may be asked to sign
additional waivers or releases of liability in connection with specific BBBS
events that I or the Child participate in, and I acknowledge and agree that any
subsequent waiver of liability or release signed in connection with a specific
BBBS event does not supersede nor replace this Release but is instead in
addition to this Release. I further acknowledge and agree that this Release
covers and applies to any and all events and/or programs I or the Child participates
in through BBBS and that no additional waiver of liability or release is
needed.
Assumption of Risk and Ability to Participate. I
understand that, even with adherence to reasonable safety practices, there
exists a risk of injury to those who participate in a BBBS program or
event. I acknowledge that such injuries could be catastrophic, including
paralysis and death. I understand that some of these risks are outlined herein,
but there may be other, unknown risks that are an inevitable part of
participating in BBBS programs and/or events. I understand that the Child will
likely be driven by the Child’s Big Brother/Sister which transportation also
carries inherent risks. I further understand that neither I, nor the Child,
should participate in any BBBS program or event unless we are physically and
medically able to do so and agree and acknowledge that it is my sole
responsibility to determine my (as applicable) and the Child’s physical fitness
and our ability to engage in a BBBS program and/or event. I understand that it
is my responsibility to consult with my physician or the Child’s concerning any
injury, illness, or medical condition that arises during the course of any BBBS
program or event and after I execute this Release. Further, I acknowledge the
contagious nature of COVID-19 and voluntarily assume the risk that the Child or
I may be exposed to or infected by COVID-19 by attending and participating in
BBBS programs or events and that such exposure or infection may result in
personal injury, illness, disability, and death. I understand that the risk of
becoming exposed to or infected by COVID-19 at a BBBS program or event may
result from the actions, omissions, or negligence of myself and others,
including, but not limited to, the Released Parties and program participants
and their families. I knowingly, freely and voluntarily accept and agree to
assume all of the foregoing risks and accept sole responsibility for any claims
that I or the Child may experience or incur in connection with my or the
Child’s attendance at or participation in a BBBS program or event. My, and the Child’s access to, use of, or
participation in a BBBS program or event is completely voluntary, and I, on
behalf of myself and the Child, including the Child’s, assume all risk
associated therewith, whether the risks are foreseeable or not foreseeable. IN
EXCHANGE FOR BBBS ALLOWING ME AND THE CHILD TO PARTICIPATE IN ANY PROGRAM,
ACTIVITY, OR EVENT ASSOCIATED WITH BBBS, I AGREE THAT MYSELF AND THE CHILD ON BEHALF OF WHICH I AM SIGNING THIS RELEASE (SUBJECT TO FLORIDA LAW),
WAIVE AND FOREVER RELEASE THE RELEASED PARTIES FROM LIABILITY FOR ANY CLAIMS.
IN OTHER WORDS, I ASSUME ALL THE RISKS AND ALL THE RESPONSIBILITY FOR MY OWN
WELL¬BEING AND THE WELLBEING OF THE CHILD. This Assumption of Risk shall be
binding upon my and the Child’s heirs, executors, administrators and assigns.
Treatment. I understand and agree that I will be
responsible for the care and treatment of the Child in the event the Child
sustains an injury during or as a result of the Child’s participation in any
BBBS program or event. I hereby acknowledge and understand that neither
BBBS nor any other Released Party has any obligation or duty to provide medical
treatment for the Child in case of injury. Notwithstanding such absence of
duty, as parent or legal guardian of the Child, I hereby give my consent to the
Released Parties to seek, obtain, and provide emergency medical treatment for
the Child in case of injury that occurs while participating in a BBBS program
or event. This care may be given under whatever conditions are necessary to
preserve life, limb, or wellbeing of the Child. I understand that such
treatment will be sought and provided if, in the sole opinion of the Released
Parties, medical attention is prudent or needed and I hereby agree to pay all
costs associated with such medical care. I further understand that reasonable
efforts may be made to contact me before providing such treatment, however,
that the treatment will be sought and provided to the Child regardless of
whether I have been contacted.
Disclaimer of Warranties. THE RELEASED PARTIES
MAKE NO WARRANTY THAT ANY BBBS PROGRAM OR EVENT WILL BE SAFE, SECURE OR ERROR
FREE AND EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT.
Legal Authority. I hereby represent and warrant
that I am at least 18 years of age and of sound mind and body, and I am legally
capable of giving this release on my behalf and on behalf of the Child, that I
have the legal authority to agree to this Release on the Child's behalf. By
signing below, I acknowledge that I FULLY UNDERSTAND AND AGREE to the terms of
this Release and that this Release will apply to me and the Child, and to our
heirs, personal representatives, and assigns and that I have the authority to
bind the Child to the terms stated herein.
Applicable Law; Consent to Jurisdiction and Venue. I
hereby agree that the laws of the State of Florida, without regard to the
conflict of laws principles thereof, will apply to any and all disputes or
claims relating in any way to this Release and my participation in any BBBS
program or event. I agree that the exclusive jurisdiction for such
disputes and claims shall lie exclusively in Broward County, Florida and I
agree and expressly consent to the exercise of personal jurisdiction in such
courts over myself and the Child.
Jury Trial Waiver. I EXPRESSLY AND IRREVOCABLY
WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO
THIS RELEASE OR THE CHILD’S AND/OR MY PARTICIPTATION IN ANY BBBS PROGRAM OR
EVENT.
I HEREBY AFFIRM THAT I HAVE READ THIS RELEASE, AND
THAT I FULLY UNDERSTAND ITS TERMS. I FURTHER AFFIRM MY UNDERSTANDING THAT, BY
SIGNING THIS RELEASE, I AM GIVING UP SUBSTANTIAL RIGHTS ON BEHALF OF MYSELF AND
THE CHILD, INCLUDING THE RIGHT TO SUE. I ACKNOWLEDGE THAT I AM ASSENTING TO
THIS RELEASE FREELY AND VOLUNTARILY, AND THAT BY SIGNING I INTEND FOR MYSELF
AND THE CHILD TO BE BOUND BY THIS RELEASE TO THE FULLEST EXTENT ALLOWED BY LAW.
Severability.
I understand that this Release is
intended to be as broad and inclusive as permitted by the laws of the State of
Florida and agree that if any portion of this Release is invalid, the remainder
will continue in full legal force and effect.