Release and Waiver of Liability
WHEREAS, SARASOTA WRESTLING CLUB (“SWC”) is the sponsor of wrestling, an athletic activity (the “Activity”), and is willing to permit the individuals (the “Invitees”) signing this Agreement to participate in the Activity, upon the terms and conditions of this Agreement. All or some of the Activity may take place at the training location of Sarasota High School (the “Training Facility”) located at 2155 Bahia Vista Street, Sarasota, Florida 34239. SWC and Invitees may be collectively referred to as the “Parties.”
In consideration for being provided the ability to participate in the Activity and enter the Training Facility, each person signing below hereby stipulates and agrees:
1. Use of Training Facility for Activity Only. I understand and agree that I may only use the Training Facility for the Activity set forth in this Release and Waiver of Liability agreement. I further agree that I am responsible for the proper use and care of the Training Facility and any of SWC’s property thereon, and that I will be liable for the replacement cost of any SWC property which is damaged, destroyed or lost.
2. Consent for Photo/Video Release. I grant permission for SWC to use photographs or video footage of me (or my child) for promotional or educational purposes.
3. Assumption of Risk. I understand and acknowledge that the Activity I want to participate in may be dangerous and may involve the risk that I will sustain serious injury, temporary or permanent disability, death, and/or property damage. I understand that SWC does not provide medical services. I further acknowledge that any injury I may sustain while participating in the Activity may be compounded by negligent or delayed medical service or negligent or delayed assistance by SWC. I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF THE TRAINING FACILITY AND PARTICIPATION IN THE ACTIVITY, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF SWC.
4. Release from Liability. I hereby agree, on behalf of myself, my heirs and my personal representatives, to fully and forever discharge and release SWC and its affiliates, and their respective partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my entry upon and use of the Training Facility and/or participation in the Activity, whether caused by the negligence of SWC or any of the Released Parties or by any other reason. I acknowledge and agree that this Release and Waiver of Liability for a Potentially Dangerous Activity is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me while on or using the Training Facility or participating in the Activity.
5. Covenant Not to Sue. I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Training Facility or while participating in the Activity.
6. Indemnification. I hereby agree to defend, indemnify and hold harmless SWC and the Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my use of the Training Facility or participation in the Activity.
7. Medical Treatment Release. I hereby authorize SWC to secure, and I consent to, any medical treatment that may be given to me should SWC determine, in its sole discretion, that I need medical care, as a result of my being at the Training Facility or from participating in the Activity. I accept full responsibility for all costs related to my medical treatment, including any transport costs, and I release all parties involved from any type of liability for anything that may happen during my treatment or transport. I understand that SWC does not provide health, medical, or accident insurance. I certify that I maintain adequate health insurance coverage for myself (or my child).
8. Responsibility for Personal Property. I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring to the Training Facility or that I use during the Activity, and that SWC will not be responsible for or provide any security for my property and personal belongings.
9. No Representations by SWC. I acknowledge that SWC makes no representation as to the condition of the Training Facility or the safety of the Activity or any equipment either at the Training Facility or used in the Activity. I accept and shall use the Training Facility, and its equipment, in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by SWC or SWC’s employees, agents, sponsors, or representatives regarding this agreement or the Training Facility or Activity, except to the extent such representations are expressly set forth in this agreement.
10. Conduct and Compliance. I agree to follow all rules, regulations, and instructions of SWC and its staff or volunteers. I understand that failure to comply may result in suspension or termination of participation without refund.
11. Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of Florida, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in any state or federal court located in Sarasota County, Florida.
12. Waiver. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.
13. Survival. Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
14. Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability agreement and use of the Training Facility, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.
15. Severability. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
16. Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND I AM GIVING UP SIGNIFICANT LEGAL RIGHTS OF MINE, INCLUDING THE RIGHT TO SUE SWC. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT TO EXECUTE THIS AGREEMENT, OR THIS AGREEMENT IS EXECUTED ON MY BEHALF BY MY PARENT OR LEGAL GUARDIAN. I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION, INTENDING TO BE FULLY BOUND.