I , (as parent/guardian of : a.) have been informed of and know the risks involved in participating in the activities listed below or like activities (“Activities”); and
b. understand that serious injury, temporary and or permanent disability, and even death, is possible in such participation and I choose to accept such risk on behalf of myself or (my child/ward.)
I voluntarily accept any and all responsibility for myself or (my child's/ward's) safety and welfare while participating in this event or future events. Further, I have investigated and have a full understanding of the risks involved. In consideration of myself or (my minor child or ward’s participation), I unconditionally RELEASE, WAIVE, COVENANT NOT TO SUE, AND DISCHARGE Bayside Community Church of Sarasota, Inc., its Representatives, Members, Officers, Board Members, Employees, Agents, And Volunteers, Contractors and Agents (collectively, “Bayside”) from:
any and all liability, claims, and causes of action against Bayside arising out of or related to any loss, damage, or injury, including disability or death, that may be sustained by me arising out of or related to participation in the Activities; whether caused by:
a. the inherent risk of the activity (*see below for definition); or
b. my own active or passive negligence, recklessness, or gross negligence; or the active or passive negligence, recklessness, or gross negligence of other participants in the Activities, and Bayside.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOURSELF OR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF BAYSIDE COMMUNITY CHURCH OF SARASOTA, INC. USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOU OR YOUR MINOR 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 RIGHT OR YOUR MINOR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM BAYSIDE COMMUNITY CHURCH OF SARASOTA, INC. IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOURSELF OR YOUR MINOR 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 BAYSIDE COMMUNITY CHURCH OF SARASOTA, INC. HAS THE RIGHT TO REFUSE TO LET YOU OR YOUR MINOR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
THE NOTICE ABOVE IS ALSO GIVEN AND APPLICABLE TO LEGAL GUARDIANS AND THEIR MINOR WARD(S). ALL REFERENCES TO “CHILD” ABOVE ARE APPLICABLE TO YOUR MINOR WARD(S) RIGHTS TO RECOVER FROM BAYSIDE COMMUNITY CHURCH OF SARASOTA, INC.
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NON-COMMERCIAL ACTIVITIES. The activities that are the subject of this Waiver are not considered or intended to be commercial activities pursuant to Florida Statutes § 744.301. The inclusion of the waiver language of §744.301(3)(b) (the text in the larger font above) is intended only to comply with the requirements of Florida law should it be determined that the activities are in fact commercial. The inclusion of the waiver language is not intended to agree or stipulate that such activities are commercial or waive any rights to seek the expanded waiver rights of a non-commercial activity
*INHERENT RISK. As stated in Fla. Stat. § 744.301(3)(b) (2019), the term natural risk or otherwise construed as an “inherent risk” of the activity means those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if Bayside acts with due care in a reasonably prudent manner. The term includes, but is not limited to the failure by the activity provider to warn the natural guardian or minor child of an inherent risk; and the risk that the minor child or another participant in the activity may act in a negligent or intentional manner and contribute to the injury or death of the minor child.
INDEMNIFICATION. Except as inconsistent with any other term in this Waiver or Florida law, I will indemnify and hold harmless Bayside, including for attorney fees, for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to other minor participants, non-minor participants, employees and agents of Bayside, independent contractors of Bayside, and observers/spectators as result of any and all acts related to or arising out of the Activities.
ADDITIONAL TERMS.
A. Headings for Convenience Only. The headings do not affect the meanings of provisions of this Waiver. B. Severability. If any provision of this Waiver is held to be unenforceable, then that provision is to be either modified to the minimum extent necessary to make it enforceable (if permitted by law) or disregarded (if not). The validity, legality, and enforceability of the remaining provisions shall not in any way be affected. C. Entire Agreement and Modifications to be in Writing. This Wavier is the entire agreement of the parties about the release of liability of Bayside and no other agreement, statement, or promise made before date of this Waiver will be binding. This Waiver may not be modified except in writing and signed by both parties. This Waiver is binding on heirs and legal representatives of the parties.
D. Jurisdiction and Venue. This Waiver is governed by Florida law, without giving effect to the principles of conflicts of law of Florida. Any action arising out of this Waiver or participation in the Activities must be brought exclusively in state court in Manatee County or the US Middle District of Florida, Tampa Division.
