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RELEASE AND WAIVER OF LIABILITY -- Florida Ski School

RELEASE AND WAIVER OF LIABILITY

PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING IT, YOU ARE GIVING UP LEGAL RIGHTS.

In consideration for being permitted to participate in WATER SPORTS and related activities (collectively, “activities”) conducted by Franck Desboyaux, I hereby agree as follows:

ASSUMPTION OF RISK: I agree that I am and/or my child/ward is voluntarily participating in the activities offered by FRANCK DESBOYAUX including but not limited to, the use of the equipment, facilities, and premises. I am assuming, on behalf of myself and/or my child/ward, all risk of personal injury, death or disability to me and/or my child/ward that might result from said participation, or any damage, loss or theft of any personal property which I or my child/ward may incur. I understand that all WATER SPORTS have inherent risks.

I understand and accept the above risks of bodily injury related to this activity.

RELEASE OF LIABILITY: I agree on behalf of myself and/or my child/ward and my/their personal representatives, successors, heirs, and assigns to hold FRANCK DESBOYAUX and his affiliates, instructors, officers, directors, agents, employees, and members, as well as the property owner and tenants of the property and the owners, manufacturers and installers of the equipment used, harmless from any and all claims or causes of action arising out of my and/or my child’s/ward’s participation in the WATER SPORTS.

I expressly release and discharge Releasees from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury or death to me and/or my child/ward, while participating in any of the activities, including without limitation, use of the equipment, receiving instruction, strenuous bodily movement, and exposure to extreme conditions. This release is valid and effective whether the damage, loss or death is a result of any act or omission on the part of any of Releasees or from any other cause. This Waiver and Release of all liability includes, without limitation, injuries, illness, or accidents, which may occur as a result of (a) use of the facility or its improper maintenance, (b) use of any equipment which may malfunction or break, (c) improper maintenance of any equipment, (d) instruction or supervision, or (e) slipping and falling while in the facility or on the surrounding premises.

I understand that I voluntarily give up my right to sue the above mentioned parties.

I further grant the FRANCK DESBOYAUX the right to photograph and/or videotape me and/or my child/ward and to use my child’s/ward’s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE ON BEHALF OF MYSELF AND/OR MY CHILD/WARD TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST FRANCK DESBOYAUX OR THE OTHER RELEASEES. IF ANY ATTEMPT FOR CLAIM IS MADE, I UNDERSTAND I WILL BE RESPONSIBLE FOR ALL DEFENSE COSTS INCURRED BY FRANCK DESBOYAUX OR THE OTHER RELEASEES.

WATER SPORTS PARTICIPATION 
UNCONDITIONAL GENERAL RELEASE FROM LIABILITY – ADULT (18+)
Please read the following agreement carefully BEFORE DECIDING TO PARTICIPATE. By signing this document and initialing the
required sections, YOU ARE EXPRESSLY AGREEING TO HAVE KNOWINGLY, FULLY AND TOTALLY RELEASED the
Owner/Company/His Agents and Employees (hereinafter “the Released”) FROM ANY AND ALL CLAIMS INCLUDING ACTIVE OR
PASSIVE NEGLIGENCE BUT EXCLUDING GROSS NEGLIGENCE AND/OR INTENTIONAL MISCONDUCT, arising out of any act,
omission, or condition existing prior to the signing of this agreement, and extending to include any act, omission, or condition in any way
connected with your participation in (including transit to and from) these water sports activities, occurring at any point in the future from the
activities in which you are about to purchase/engage.
A. EXPRESS ASSUMPTION OF ALL INHERENT RISKS OF WATER SPORTS ACTIVITIES
There are numerous risks inherent in and associated with participation in water sports activities. By executing this RELEASE, you are
acknowledging that participation in water sports activities is an inherently dangerous activity that involves risks of death and/or serious
bodily injury that cannot be prevented or avoided even by the exercise of reasonable care. The following list, though not exhaustive,
exemplifies many of the types of risks and potential injuries you could encounter in connection with your participation in water sports.
 changing water flow, tides, currents, wave action, eddies, whirlpools, and vessel wakes;
 collision with other participants, collision with watercraft, whether owned or operated by the Released, collision with man-made
or natural objects;
 the negligent actions and/or omissions of other participants;
 your own actions and/or omissions, your level of competency as to the activity, and your own physical and mental conditions;
 your sense of balance, physical coordination, ability to operate equipment, and ability to swim;
 wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature;
 collision, capsizing, sinking, falling, slipping or other hazards that may result in wetness, injury, exposure to the elements,
 hypothermia, impact of the body upon the water, injection of water into any body orifices, and/or drowning;
 the presence of insects, wild animals, as well as dangerous plant life, bacteria, amoebas, and marine life forms;
 equipment failure, improper use of equipment and/or impacting equipment;
 heat or sun related injuries or illnesses, including sunburn, sun stroke or dehydration;
 fatigue, chill, shock, and/or dizziness which may increase your reaction time.
By initialing this section and executing this WAIVER below, you are agreeing that you have reviewed the preceding non-exclusive list of
sample inherent risks involved in your participation in these activities, and with full knowledge and understanding, you are voluntarily
agreeing to engage and participate in these activities and to VOLUNTARILY AND EXPRESSLY ASSUME THE RISK OF SERIOUS
BODILY HARM, PERSONAL INJURY, DEATH OR DAMAGE resulting from any and all inherent risks while participating and
engaging in (including transit to and from) these water sports activities. By expressly assuming ANY AND ALL INHERENT RISKS
involved with these water sports activities, you are voluntarily relinquishing the ability to seek or collect damages from the Released due to
any personal injury, claim, or incident occurring or in any way related to or arising from the inherent risks of your involvement in these
water sport activities. 
B. INDEMNITY AGREEMENT STATEMENT
By initialing this section and executing this WAIVER below, you are further agreeing to hold harmless and to indemnify the Released
against any and all claims, demands, losses, damages, causes of action, judgments, costs, expenses, attorneys’ fees, and other liabilities,
including those from third parties, arising out of or relating to your participation in any water sports and/or presence upon the property on
which they are located, even if caused by the active or passive negligence of the Released, but excluding any gross negligence or intentional
misconduct. By agreeing to indemnify the Released for the acts, occurrences, and expenses as contained within this subsection you are
knowingly and voluntarily agreeing that you may be required to reimburse or provide the cost of a legal defense or representation for the
Released for any expenses or actions it has to take arising out of your participation in these water sports activities. INITIAL
C. WAIVER AND RELEASE OF LIABILITY
By initialing this section and signing this WAIVER below, YOU ARE AGREEING TO KNOWINGLY, VOLUNTARILY, AND
UNEQUOVICALLY WAIVE ANY AND ALL CLAIMS, INCLUDING ACTIVE OR PASSIVE NEGLIGENCE BUT EXCLUDING
GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, against the Released arising out of any act, omission, or condition
existing prior to the signing of the agreement, and extending to any act, omission, or condition in any way connected with you participation
in (including transit to and from) these water sports activities occurring at any point in the future. THIS WAIVER AND RELEASE OF
LIABILITY IS EXPRESSLY PROVIDED TO EXCULPATE THE RELEASED FROM THOSE LIABILITIES WHICH ARE SEPARATE
FROM AND IN ADDITION TO THE POTENTIAL LIABILITIES CREATED BY THE RISKS INHERENT IN WATER SPORTS
PARTICIPATION. Furthermore, by initialing and signing this waiver below, you are binding your spouse, heirs, assigns, and any similarly
situated personal or legal representative to the waiver’s terms. 
D. DECLARATION OF COMPETENCY AND INTENT TO BE BOUND
By initialing this section and signing this WAIVER below, you are signifying that you have read first, then initialed, all sections contained
within this agreement. You are further signifying that you are voluntarily agreeing to execute this waiver and release, and that you
understand the legal implications and consequences of doing so. If there are any aspects of this agreement to which you do not have a
full and complete understanding, you are encouraged to ask or inquire the Released BEFORE initialing this section or signing this
waiver. 
E. UNCONDITIONAL GENERAL RELEASE FROM LIABILITY
Your signature below reflects your express assent to be bound to the terms of this agreement. Please carefully review each section again
and ensure that you fully understand the implications of this agreement.

*EACH ADULT PARTICIPANT MUST INDIVIDUALLY SIGN A WAIVER. SEE ATTACHED SUPPLEMENTAL
FORM FOR LIMITED WAIVER FOR MINOR CHILDREN
WATER SPORTS PARTICIPATION 
LIMITED RELEASE FROM LIABILITY – MINOR CHILDREN (<18)
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
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
RELEASED 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 RELEASED IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR
ANY PROPERTY DAMAGE THE RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE
ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASED HAS THE RIGHT
TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
____________________________________________________________________________________________________
EFFECT OF FLORIDA LAW ON LEGAL GUARDIAN’S ABILITY TO WAIVE CLAIMS OF NEGLIGENCE
ON BEHALF OF COMMERCIAL ENTITIES FOR INJURIES, DEATH OR LOSS EXPERIENCED BY
THEIR MINOR CHILDREN
This supplemental waiver for minor children does not waive your minor child’s ability to recover against the Released for injuries,
damages, or other loss occurring to the minor child, brought on behalf of the minor child by either you as natural guardian, personal
representative, or guardian ad litem based on the negligence of the Released. By initialing this section and signing the waiver
below, you are knowingly and voluntarily agreeing, and expressly acknowledging, that you have read the statement above
regarding the waiver of your ability, as well as the of your minor child or his/her representative, to recover against the Released 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. As provided by Fla. Stat. §744.301(3)(b) (2012), 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 the activity provider
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 other participant in the activity may
act in a negligent or intentional manner and contribute to the injury or death of the minor child. The scope of this supplemental
waiver shall be coextensive with that of the Adult Participant Waiver to the fullest extent allowed by state law.
NATURAL GUARDIAN’S ACKNOWLEDGEMENT OF LIMITED RELEASE ON BEHALF OF MINOR
CHILD
Your signature below reflects your express assent to be bound to the terms of this supplemental agreement for your minor child.
Your signature also represents your attestation to being the natural guardian of the minor child(ren) listed below, and possessing
legal authority to sign this agreement on their behalf. Please carefully review each section again and ensure that you fully
understand the implications of this agreement.

I have read the above, been given the opportunity to ask questions, considered its effects, understand its content, and agree to the terms as stated above.

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