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Law Offices of Joseph S. Mack
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Names and Grades of Kids at TVM
The individual named above ("I", "me", or the "Participant") wishes to participate in the paddleboarding and kayaking club (the "Paddling Club") operated by Treasure Village Montessori, a Florida public charter school in Monroe County, Florida (the "School"). The "Activities" include stand-up paddleboarding, paddleboarding, kayaking, canoeing, and related on- and off-water activities, instruction, launching and handling of watercraft, entry into and exit from the water, swimming, and transportation to and from activity sites. Where the Participant is a minor, this Release is signed on the Participant's behalf, and in their own capacity, by the Participant's parent or legal guardian, who makes every acknowledgment and agreement in it. In consideration of being permitted to participate, I agree to the terms of this release (this "Release"). I UNDERSTAND THAT PADDLEBOARDING AND KAYAKING ARE INHERENTLY DANGEROUS ACTIVITIES ON OR NEAR OPEN WATER AND INVOLVE A RISK OF SERIOUS INJURY, PERMANENT DISABILITY, DEATH, AND PROPERTY DAMAGE THAT CANNOT BE ELIMINATED. THESE INHERENT RISKS INCLUDE, WITHOUT LIMITATION: DROWNING; CAPSIZING OR FALLING INTO THE WATER; IMMERSION AND HYPOTHERMIA; CURRENTS, TIDES, WAVES, WIND, STORMS, AND LIGHTNING; SUN, HEAT, AND DEHYDRATION; COLLISIONS; UNDERWATER OR FLOATING HAZARDS; MARINE AND AQUATIC LIFE AND WATERBORNE ILLNESS; EQUIPMENT FAILURE; THE ACTS OF OTHER PARTICIPANTS; AND DELAYED RESCUE OR MEDICAL CARE. I ALSO UNDERSTAND THAT MY INJURIES MAY RESULT FROM OR BE WORSENED BY THE NEGLIGENCE OF THE SCHOOL OR THE OTHER RELEASEES. KNOWING THESE RISKS, I VOLUNTARILY PARTICIPATE AND ACCEPT AND ASSUME ALL RISKS OF INJURY, DISABILITY, DEATH, AND PROPERTY DAMAGE ARISING FROM THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE SCHOOL OR ANY RELEASEE OR OTHERWISE. I expressly waive and release any and all claims, now or later known, against the School and its governing board and board members, officers, directors, administrators, employees, agents, coaches, instructors, chaperones, and volunteers, and the School's sponsoring organization, successors, and assigns (collectively, the "Releasees"), for any injury, disability, death, or property damage arising out of the Activities, whether caused by the negligence of the School or any Releasee or otherwise. I also covenant not to sue the School or any Releasee on any such claim. This release does not extend to intentional torts or any liability Florida law does not permit to be released. To the extent caused by my own acts, omissions, or negligence, I will defend, indemnify, and hold harmless the School and the other Releasees against third-party claims, including reasonable attorney fees, arising from my participation in the Activities. I do not agree to indemnify any Releasee for that Releasee's own negligence. I authorize the School and the other Releasees to obtain or provide first aid and emergency medical treatment, transportation, or evacuation reasonably necessary during the Activities if I cannot be reached for consent, I am responsible for the related costs, and I release the Releasees from any claim based on that care. This Release is the entire agreement on this subject and is governed by Florida law, with exclusive venue in the state and federal courts in Monroe County, Florida. If any provision is unenforceable, the rest remains in effect to the fullest extent permitted by law, and this Release binds my heirs, successors, and estate. BY CLICKING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS RELEASE AND AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE SCHOOL AND THE OTHER RELEASEES. 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 THE SCHOOL AND THE OTHER 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 CLICKING BELOW YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM THE SCHOOL AND THE OTHER 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 THE SCHOOL AND THE OTHER RELEASEES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. I am the parent or legal guardian of the minor Participant and have authority to agree to this Release on the Participant's behalf. I have read this Release, including the Notice above, and, both for the Participant and in my own capacity, I agree to all of its terms.
I agree to the release and limitation of liability for myself and any of the children listed above.
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