Extreme Water Sports of Orlando6526 Old Brick Rd. #120-307Windermere, FL 34786RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENTThis document affects your legal rights:Read BOTH SIDES carefully before signing.1. ACTIVITY AND ASSOCIATED RISKS: I have chosen to participate in the following activity:___________________________________________________________________________(hereinafter referred to as “the Activity”), which is organized by Extreme Water Sports of Orlando(hereinafter referred to as “Extreme Water Sports of Orlando”). I understand that the Activity isinherently hazardous, and I may be exposed to dangers and hazards, including some of the following:unpredictable ocean or river currents, lightning, hypothermia, hostile or aggressive wildlife, drowning,death, falls, fractures, concussions, dangerous weather, overexertion, overheating, injuries from mylack of fitness or conditioning, equipment failures, or my failure to wear a personal flotation device oruse other protective gear, and negligence of others; as a consequence of these risks, I may beseriously hurt or disabled or may die from the resulting injuries, and my property may also be damaged;Hospital facilities, qualified medical care, and emergency medical evacuation may be limited orunavailable during portions of the Activity; and Extreme Water Sports of Orlando assumes noresponsibility for providing medical care during the Activity, and I will have to pay for any medical careand/or evacuation that I incur. In consideration of the permission to participate in the Activity, I agree tothe terms contained in this document.2. ASSUMPTION OF THE RISKS: I hereby freely assume the above-mentioned risks as well as otherrisks not listed that are part of this activity, and any harm, injury or loss that may occur to me or myproperty as a result of my participation in the Activity or during any transportation to or from theActivity—including any injury or loss caused by the negligence of Extreme Water Sports of Orlando, itsemployees, agents and officers, its contractors, and other Activity participants. I also understand thatany equipment that I provide or may borrow or rent from Extreme Water Sports of Orlando or any otherprovider I use at my own risk and that any such equipment is provided without any warranty about itscondition or suitability.3. RELEASE OF LIABILITY: I hereby RELEASE Extreme Water Sports of Orlando, its employees,agents, officers, and contractors, the providers of any equipment used in the Activity, land owner,municipal or governmental providers of use permits, and their respective employees, officers, anddirectors (“the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS ANDDEMANDS that arise in any way from any injury, death, loss or harm that occur to me or to any otherperson or to any property during the Activity or in any way related to the Activity, including duringtransportation to or from the Activity. This RELEASE includes claims for the negligence of the ReleasedParties and claims for strict liability for abnormally dangerous activities. This RELEASE does not extend
to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that Florida lawdoes not permit to be excluded by agreement. I also agree NOT TO SUE or make a claim against theReleased Parties for death, injuries, loss or harm that occur during the Activity or are related in any wayto the Activity.4. INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLDHARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all claims towhich Section 3 of this agreement applies, including claims for their own negligence. I also promise toINDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for myown negligence, and any other claim arising from my conduct during the Activity. In accordance withthese promises, I will reimburse the Released Parties for any damages, reasonable settlements anddefense costs, including attorney’s fees that they incur because of any such claims made against them.I agree that in the event of my death or disability, the terms of this agreement, including theindemnification obligation in this Section, will be binding on my estate, and my personal representative,executor, administrator or guardian will be obligated to respect and enforce them.5. AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow the rules for the Activity provided to meand to follow directions given to me by the leaders of the Activity, including WEARING A LIFE VESTOR PERSONALFLOTATION DEVICE whenever I am on the water.6. INDEPENDENT CONTRACTORS: I acknowledge that Extreme Water Sports of Orlando has nocontrol over and assumes no responsibility for the actions of any independent contractors providing anyservices for the Activity.7. USE OF MY LIKENESS: I understand that during the Activity I may be photographed or videotaped.To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I havefor any such likeness of me or use of my name in connection with such likeness, and I grant to ExtremeWater Sports of Orlando and its assigns permission to copyright, use, and publish (including byelectronic means) such likeness of me, whether in whole or part, in any form, without restrictions, andfor any purpose.8. SEVERABILITY: I agree that the purpose of this agreement is that it shall be an enforceableRELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by Florida law. Iagree that if any portion or provision of this agreement is found to be invalid or unenforceable, then theremainder will continue in full force and effect. I also agree that any invalid provision will be modified orpartially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.9. APPLICABLE LAW, FORUM & ATTORNEY’S FEES: This agreement is governed by and shall beconstrued in accordance with the laws of the state of Florida, without any reference to its choice of lawrules. I agree that any dispute arising from this Agreement or in any way associated with the Activityshall be brought only in the Superior Court of Orange County, in Orlando, Florida and I agree to thejurisdiction and venue of this court for any such dispute. In any litigation in which the validity orenforceability of this agreement is contested, I agree that the non-prevailing party will pay all attorney’sfees and costs of the parties seeking to uphold the agreement.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING ITBEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS OR OTHER INDICTMENTSTO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THISDOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND ISIGN IT OF MY OWN FREE WILL.Signature of Customer: ____________________________________Date:______________________Name Printed: ___________________________________________Date of birth:________________If the participant is a minor, signature of a parent or responsible adult is required below:In consideration of the minor child being permitted to participate in the Activity, I accept and agree tothe full contents of this agreement. I certify that I have the authority to sign on behalf of the minor childand to make decisions for the minor child regarding this Activity. I also agree to RELEASE, HOLDHARMLESS, INDEMNIFY AND DEFEND the Released Parties (defined in Section 3) from all liabilitiesand claims that arise in any way from any injury, death, loss or harm that occurs to the minor childduring the Activity or in any way related to the Activity. This includes any claim of the minor and anyclaim arising from the negligence of the Released Parties. I understand that nothing in this agreementis intended to release claims for gross negligence, intentional, or reckless misconduct, or any otherliabilities that Florida law does not permit to be excluded by agreement.Parent/Responsible Adult Signature: __________________________________________________Name Printed: ____________________________________________________________________(Relationship): ____________________________________________________________________Date:________________________