RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AGREEMENT
In consideration of being permitted to participate in any way related to the use of nail guns, staple guns, hammers, nails, saws, paints, stains, and other various woodworking equipment, including any activities, related to items not listed at Pineapple Creative Boutique (the “Premises” and the “Activities” respectively), I, the undersigned, for myself and for all my personal representatives, agents, assigns, heirs, and next of kin:1. Acknowledge and agree that my participation is voluntary and if at any time I believe the conditions of the Activities to be unsafe I will immediately discontinue any further participation in the Activities or notify an instructor of such considerations.2. Fully understand that the Activities: (a) INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING, BUT NOT LIMITED TO, PERMANENT DISABILITY, PARALYSIS AND DEATH (the “Risks”); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activities, the conditions in which the Activities take place, the conditions or set up of the Premises or thru the NEGLIGENCE of Team Z Enterprises, Pineapple Creative Boutique Jacksonville, or any of the Releasees (as defined below); (c) there may be other risks or social and economic losses either known, not known or not readily foreseeable at this time, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR ALL LOSSES, COST AND DAMAGES that I incur as a result of my participation in the Activities.3. HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE TEAM Z ENTERPRISES LLC, and their respective, owners, licensees, managers, members, agents, officers, employees, contractors, volunteers, agents, successors and assigns, any other participants, any sponsors or advertisers, and the owner of the Premises where the Activities take place (all of the forgoing shall be referred to as the “Releasees”) from ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT WHETHER TO MY PERSON OR PROPERTY, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE RELATED TO THE ACTIVITIES OR THE PREMISES, INCLUDING NEGLIGENT RESCUE OPERATIONS, WHICH I ACKNOWLEDGE MAY COMPOUND OR INCREASE. I FURTHER AGREE THAT IF DESPITE THIS AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES and their insurance carriers from any litigation expenses, fees including court and attorney, loss, liability, damage, or cost which Releasees may incur as a result of such claim.4. In the event I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment and am aware and understand that I should carry my own health insurance. In the event that any damage to equipment occurs as a result of my or my family’s willful actions, neglect or recklessness, I agree to be held liable for any and all costs associated.
I HAVE READ THIS ENTIRE AGREEMENT, I FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP AND WAIVED SUBSTANTIAL RIGHTS. I HAVE SIGNED THIS AGREEMENT VOLUNTARILY AND FREELY WITHOUT INDUCEMENT,
DURESS, OR ANY ASSURANCES OF ANY NATURE. I INTEND THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT, NOTWITHSTANDING ANY INVALID PORTION OF THIS AGREEMENT.
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA ; ANY DISPUTES ARISING OUT OF THIS AGREEMENT SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS OF DUVAL COUNTY, FLORIDA.No further representations, statements, warranties or inducements, whether written or orally have been made apart from the forgoing written Agreement.
I, the understand participant, affirm that I am of the age of 18 years or older, and I am freely signing this agreement. I certify that I have read this agreement and fully understand its content and this release cannot be modified. I’m aware that this is a release of liability and a contract that I’m signing it of my own free will.
