LIABILITY RELEASE AND VOLUNTARY ASSUMPTION OF RISK AND INDEMNITY AGREEMENT*
(To be completed by Parent/Guardian)
Please carefully read and consider the terms of this Agreement. Initial and sign in the spaces provided to indicate your understanding and acceptance of such terms and your entry into the Agreement on behalf of yourself and your child/ward.
1. In consideration of my child/ward’s presence and attendance at and participation in the video production and all associated activities including, but not limited to, transportation to and from the Event (collectively, “the Event”), I, individually and on behalf of my child/ward, hereby enter into this agreement and accept all of its terms. I represent and agree that I have the legal capacity and authority to act for and on behalf of my child/ward.
2. I understand that attendance and participation at the Event may include being in proximity of or interacting with, feeding and coming in physical contact with reptiles, insects, and marine life including sharks. I understand that there are inherent RISKS involved in participating in the Event, including but not limited to scrapes, bites, cuts, allergies, bruises and/or more serious injuries or illnesses such as bodily injury, even death. My child/ward has voluntarily enrolled in the Event and I, individually and on behalf of my child/ward agree to ASSUME ALL RISKS, known and unknown, of personal injuries, possible death and damage to or loss of property stemming from attendance and participation at the Event.
3. I, on behalf of my child/ward, agree to RELEASE, WAIVE and FOREVER DISCHARGE SCALES AND TAILS DAYTONA LLC, its parents, subsidiaries, related and affiliated companies, and all their officers, directors, shareholders, members, employees, agents, successor and assigns (hereinafter the “Released Parties”) from any and all claims, losses, demands, damages, expenses, lawsuits, causes of action and judgments, whether foreseen or unforeseen, known or unknown, present or future, resulting from, arising out of or in any way connected with my child/ward’s attendance at and/or participation in the Event including but not limited to, any claims for personal injuries, including death, illnesses and/or damage to or loss of personal property, or claims for violation of the rights of privacy or publicity or any other proprietary right I and/or my child/ward may have, whether caused in whole or in part by the NEGLIGENCE, STRICT LIABILITY or other FAULT of the Released Parties.
4. I, individually and on behalf of my child/ward, further agree to defend, indemnify and hold harmless the Released Parties from any expenses, attorneys’ fees, loss, liability, damages or cost they may incur arising from any claim or lawsuit brought against them for any injuries, wrongful death, losses or damages of any kind that have been released or discharged by this Release whether caused in whole or in part by the NEGLIGENCE, STRICT LIABILITY or other FAULT of the Released Parties.
5. I acknowledge and agree that I have no right, title or interest in the Photographs/Videos and agree that such Photographs/Videos and the copyright therein are the exclusive property of the Released Parties. I, individually and on behalf of my child/ward, agree to release and discharge the Released Parties from any claims, actions, damages, demands, costs, expenses (including attorneys’ fees) or lawsuits of any kind by reason of the sale, distribution or use of such photographs or recordings.
6. I acknowledge and agree that this Agreement is intended to be as broad and inclusive as permitted by Florida Statute 744.301 and/or other applicable law, and that if any term or provision of this Release shall to any extent be held invalid or unenforceable, the remaining terms of the Release
Video Production at Scales and Tails
shall not be affected thereby, but shall be valid and enforceable to the fullest extent permitted by
Florida Statute 744.301 and/or other applicable law. The invalid provision shall automatically be
replaced by a substitute provision which is valid and as nearly as possible maintains the same
economic purposes and intention of the valid provision.
7. I acknowledge and agree that this Agreement shall be interpreted in accordance with the laws of the
State of Florida and that any dispute arising from the enforceability and/or interpretation of this
Release shall be filed in a state or federal court of competent jurisdiction in Lake County, Florida.
8. I agree that this Release shall be binding upon me and my child/ward’s family members, heirs,
assigns, personal representatives and all other parties
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
PURSUANT TO FLORIDA STATUTE 744.301
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 RELEASED PARTIES 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 THE RELEASED PARTIES
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 RELEASED PARTIES HAVE THE
RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF
YOU DO NOT SIGN THIS FORM.
I AM OF AT LEAST 18 YEARS OF AGE, AM OF SOUND MIND, HAVE READ AND UNDERSTAND
THIS AGREEMENT AND ACCEPT AND VOLUNTARILY AGREE TO ITS TERMS.