RELEASE AND WAIVER OF LIABILITY
This RELEASE AND WAIVER OF LIABILITY (this “Release“) is executed on day of registration by program participant (“I” or “me“) in favor of the Winter Park Health Foundation, Inc., a Florida not-for-profit corporation (“WPHF”), Adventist Health System/Sunbelt, Inc., a Florida not-for-profit corporation, d/b/a AdventHealth Winter Park (“AdventHealth”), and the Center for Health & Wellbeing Commercial Condominium Association, a Florida not-for-profit corporation, d/b/a the Center for Health & Wellbeing (“CHWB”), and the City of Winter Park and each of their trustees, directors, officers, employees, volunteers, affiliates and agents (collectively, the “Parties“).
In exchange for being allowed to participate in activities sponsored by the Parties I acknowledge I hereby freely, voluntarily, and without duress execute this Release and agree to the following terms:
1. Assumption of Risk. I am aware and understand that the activities may be inherently dangerous and may expose me to a variety of foreseen and unforeseen hazards and risks. I acknowledge that I am voluntarily participating in the activities and have considered those risks. I hereby expressly and specifically assume such risks, including any and all risk of injury, harm, loss that I may incur as a result of my participation in the Activities.
2. Release and Waiver. I hereby fully and forever release and discharge the Parties from, and expressly waive, any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, that may arise from my participation in the activities. I covenant not to make or bring any such claim or demand against the Parties, and fully and forever release and discharge the Parties from liability under such claims or demands.
I UNDERSTAND THAT THIS RELEASE DISCHARGES THE PARTIES FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST THE PARTIES WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR PROPERTY LOSS THAT MAY RESULT FROM THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE PARTIES OR OTHERWISE.
3. Indemnification. I hereby agree to indemnify, defend, and hold harmless the Parties from any and all liability, losses, damages, judgments, or expenses, including attorneys’ fees, that it may incur or sustain as a result of my negligence, recklessness, or willful misconduct in connection with my participation in the Activities, arising out of any third-party claim.
4. Photographic Release. I understand and agree that during the activities, I may be photographed and/or videotaped by the Parties for internal and/or promotional use. I hereby grant and convey to the Parties all right, title, and interest, including but not limited to, any royalties, proceeds, or other benefits, in any and all such photographs or recordings, and consent to the Parties’ use of my name, image, likeness, and voice in perpetuity, in any medium or format, for any publicity without further compensation or permission.
5. Miscellaneous. I hereby agree that this Release represents the full understanding between the Parties and me and supersedes all other prior agreements, understandings, representations, and warranties, both written and oral, between us, with respect to the subject matter hereof. If any term or provision of this Release shall be held to be invalid by any court of competent jurisdiction, that term or provision shall be deemed modified so as to be valid and enforceable to the full extent permitted. The invalidity of any such term or provision shall not otherwise affect the validity or enforceability of the remaining terms and provisions. This Release is binding on and inures to the benefit of the Parties and me and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. Section headings are for convenience of reference only and shall not define, modify, expand, or limit any of the terms of this Release.
6. Term. The term of this Agreement commences on the Effective Date and will terminate upon the date a party terminates the Agreement as provided herein. Either party may terminate this Agreement with 30 (thirty) days written notice of termination to the other party.
7. Governing Law. I hereby agree that this Release is intended to be as broad and inclusive as permitted, and that this Release shall be governed by and interpreted in accordance with the laws of the State of Florida, without reference to any choice of law doctrine.
BY REGISTERING TO PARTICIPATE IN THIS ACTIVITY, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE PARTIES.
Updated February 28, 2024