The individual named below (referred to as “I” or “me”) desires to use and enjoy or authorize my minor child to use and enjoy the amenities offered by The Club At Henderson Beach Resort, LLC, a Florida limited liability company with offices located at 100 Matthew Blvd, DESTIN, FL 32541 (the “Company”). The amenities may include, among others, unmonitored pool and lazy river access, (the “Activities”). In consideration of being permitted by the Company to participate in the Activities, the intangible value that I will gain by participating in the Activities and in recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth
in this instrument (this “Release”).
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR
PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I OR MY MINOR CHILD SUSTAIN(S) MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY OR OTHERS, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY OR OTHERS. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING OR AUTHORIZING MY CHILD TO PARTICIPATE IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY OR MY MINOR CHILD’S PARTICIPATION IN THE ACTIVITIES.
I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its managers, employees, agents, affiliates, members, successors, and assigns, together with Dunavant Gulf, LLC and any other related company, (collectively, “Releasees”), on account of injury, disability, death, or property damage arising out of or attributable to my or my minor child’s participation in the Activities, whether arising out of the negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for intentional torts or any other liabilities that Florida law does not permit to be released by agreement.
I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by or awarded against
the Company or any other Releasees in a final judgment, arising out of or resulting from any claim of a third party related to my or my minor child’s participation in the Activities, including any claim related to my or my minor child’s own negligence or the negligence of the Company.
I understand that the Company is not the manufacturer or supplier of the equipment used in the Activities and therefore is not responsible for such equipment. I accept full responsibility for the use and care of the equipment during the Activities. I agree to operate the equipment in the manner in which it is intended to be operated. I
understand that any failure to wear protective gear, such as a helmet or life jacket, is at my own risk and that wearing such protective gear does not eliminate the risks of the Activities and may not reduce the risk of injury in the event of an accident. I understand that I am responsible for any loss, damages or injuries to pedestrians, property or automobiles while I am operating equipment.
I hereby consent to receive medical treatment deemed necessary if I am or my minor child is injured or require medical attention during my or my minor child’s participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.
This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations,and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other
jurisdiction. This Release is binding on and shall inure to the benefit of the Company, me, my minor child (if this Release is signed on one’s behalf), and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Florida
without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Okaloosa County, Florida and I hereby consent to the exclusive jurisdiction of such courts.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN PURSUANT TO §744.301, FLORIDA STATUTES
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 CLUB AT HENDERSON BEACH RESORT, LLC USES 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 CLUB AT HENDERSON BEACH RESORT, LLC 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 CLUB AT HENDERSON BEACH RESORT, LLC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
RELEASE OF LIABILITY AND ASSUMPTION OF RISK SIGNATURE PAGE
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM
VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. I UNDERSTAND THAT THIS RELEASE REMAINS IN EFFECT FOR ALL ACTIVITIES IN WHICH THE MINOR PARTICIPATES AFTER THE DATE HEREOF
I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by signing below, I hereby consent and agree to the terms and conditions of this Release of Liability and Assumption of Risk.