Liability Waiver:
RELEASE, WAIVER AND INDEMNIFICATION AGREEMENT
ADULT ON BEHALF OF ADULT PARTICIPANT SUBJECT TO GUARDIANSHIP Friendship Circle of Miami, Inc.
NOTICE TO THE ADULT PARTICIPANT’S LEGAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE REPRESENTING THAT YOU ARE THE LEGAL GUARDIAN FOR THE ADULT PARTICIPANT SPECIFIED HEREIN, AS APPOINTED BY A COURT OF LAW (PURSUANT TO FLORIDA STATUTE, CHAPTER 744).
I, represent that I am the legal appointed guardian of the adult participant print name of adult participant, hereinafter “adult participant”) and am legally competent to execute contracts for and on behalf of adult participant in my sole and singular capacity. I, for myself, my heirs and personal representatives, and on behalf of the adult participant, hereby assume all liabilities, risks, injuries and hazards to the adult participant incidental to, or as a result of, participation in the programs and activities of The Friendship Circle of Miami, Inc., including, but not limited to, engaging in activities with persons with special needs, learning in a classroom environment, participating in outdoor events such as: hiking, swimming, horseback riding, exploring, sports, martial arts, day trips including transportation TO AND FROM the said activity. I freely acknowledge the fact that this/these program(s) may have, and/or do involve, physical contact or other conditions or factual circumstances where physical or other injuries, including but not limited to death, may occur, and that transportation to and from said event could involve the potential for an automobile, or other, accident. As legal guardian for the adult participant and on behalf of the adult participant, I do hereby waive, release and agree to indemnify and hold harmless The Friendship Circle of Miami, Inc., their officers, agents, employees, volunteers, the organizers, sponsors, activity supervisors, co-sponsoring organizations and participants for any claim or cause of action against them for personal injury including death, and property damage resulting from an inherent risk in the activity or program. These inherent risks means those dangers or conditions, known or unknown, which are a characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if The Friendship Circle of Miami, Inc., their officers, agents, employees, volunteers, the organizers, sponsors, activity supervisors, co-sponsoring organizations and participants, acts with due care in a reasonably prudent manner; and includes, but is not limited to: failure to warn the guardian or adult participant of an inherent risk; and the risk that the adult participant or another participant in the activity may act in a negligent or intentional manner and contribute to the injury or death of the adult participant. I, as legal guardian of the above referenced adult participant, and on behalf of the adult participant, assume all risk of injury, liability, and loss arising from the adult participant’s participation or presence at said activity. I acknowledge that The Friendship Circle, Inc., will not assume any costs relating to any injury while the adult participant is involved in this activity, or from transportation to or from this activity.
This Waiver, Release and Hold Harmless/Indemnification Agreement is in consideration of The Friendship Circle of Miami, Inc. permitting the adult participant’s participation in the activity or program at issue and in further consideration of The Friendship Circle of Miami, Inc. not requiring self-funded liability insurance coverage on my part as a condition precedent to the adult participant’s participation in the activity. I, as legal guardian of the above referenced adult participant, and on behalf of the adult participant, freely and voluntarily assume all risk of loss or injury arising from the adult participant’s participation in the activity whether due to my negligence, the adult participant’s negligence, or the negligence or intentional acts of others. I acknowledge that, absent this Release and indemnification, The Friendship Circle of Miami, Inc., or other sponsors of the activity would not have offered me, or the adult participant, the access to the activity because of unacceptable exposure to civil liability claims and/or lawsuits, or the expense of providing a program that is risk-free. By signing this waiver, I agree to indemnify any and all employees and volunteers of The Friendship Circle of Miami, Inc. for any and all damages which result from any and all acts or omissions, including negligence, in whole or in part, on the part of any employee or volunteer of The Friendship Circle of Miami, Inc.
I have read and understood this document and sign it freely and knowingly, intending that it shall be fully operative and effective in all respects and that it waives legal rights to which I, or the adult participant, might otherwise be entitled if the adult participant is hurt or suffers loss during the adult participant’s participation in that activity.
YOU MUST CAREFULLY READ THIS DOCUMENT BEFORE SIGNING IT. YOU ARE WAIVING OR RELEASING VALUABLE LEGAL RIGHTS. YOU ARE ADVISED TO SEEK THE ADVICE OF AN ATTORNEY IF YOU DO NOT FULLY UNDERSTAND THIS DOCUMENT.