CONTINUING WAIVER & RELEASE OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY,
AND EMERGENCY CARE PERMISSION (Ocean Reef Club -- Participation in the use and/or
rental of aquatic equipment at Ocean Reef Club)
PLEASE READ CAREFULLY BEFORE SIGNING BECAUSE THIS IS A CONTINUING RELEASE OF
LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. IT ALSO GRANTS CONTINUING PERMISSION FOR EMERGENCY CARE.
VOLUNTARY PARTICIPATION. I, the undersigned Participant, acknowledge that it is my choice, on behalf of myself and/or the minor children listed below for whom I am responsible, to participate in activities at the Ocean Reef Club (Ocean Reef Club aquatic equipment and Buccaneer Island Recreation beach equipment and furniture.) (hereinafter referred to as the “Activities”), including but not limited to (use, rental, and interaction with Ocean Reef Club’s aquatic rental equipment, sports equipment, club assets, and/or interaction with the Buccaneer Island beach and pool area.). I have voluntarily chosen to engage in the Activities, and/or allow the listed minor children to engage in the Activities, knowing that the Activities are dangerous activities and that various things can go wrong during the Activities, including; physical injury to self and others, exposure to the marine environment, and possible loss of life. Inherent risks include, but are not limited to, damage to personal property, serious personal injury, sickness or even death. I represent that I and/or the listed children am/are physically and mentally fit to participate in the Activities.
WAIVER, RELEASE, AND INDEMNIFICATION. For good and valuable consideration, including the opportunity to engage in the Activities, I agree to forever discharge and release OCEAN REEF CLUB, INC. (“ORC”), and its subsidiaries, affiliated entities, officers, directors, owners, shareholders, members, volunteers, employees and agents, (collectively, the “Released Parties”) from any and all responsibility or liability for any occurrence which may result in personal or bodily injury, property damage, wrongful death, or other damage to me or my family, heirs, or assigns, that may occur as a result of my and/or the listed children’s participation in the Activities or as a result of PRODUCT OR STRICT LIABILITY OR THE NEGLIGENCE (OF ANY SPECIES OR DEGREE), INCLUDING THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE, AND INCLUDING, WITHOUT LIMITATION, NEGLIGENT RESCUE OPERATIONS. I agree to indemnify, defend, protect, save and hold the Released Parties harmless from any and all liability for personal or bodily injury, property damage, or wrongful death or other damage to me or my family, heirs, or assigns, that may occur as a result of my participation. The indemnity so given includes, but is not limited to, all damages, claims, demands, fines, and attorney fees at all levels of negotiation or proceedings.
EMERGENCY CARE PERMISSION. In the event I cannot be reached and/or I am incapacitated or otherwise unable to give consent, I give permission for emergency medical treatment. In the event of a medical emergency to me or to a listed child, I hereby authorize ORC to contact the Ocean Reef Medical Center or the nearest hospital or medical emergency center and take or cause to be taken such emergency medical actions, if any, as may be recommended by such facility. ORC will make every reasonable effort to contact me as quickly as possible. I hereby agree to release, indemnify and hold harmless ORC and its Protected Parties from any and all related damages (including any incurred at the Medical Center or hospital or medical emergency center or in transportation thereto).
PARENTAL/LEGAL GUARDIAN CONSENT (if Participant is signing on behalf of any listed minor child under the age of 18): As the parent/legal guardian of the minor children listed below, I acknowledge that I have represented to the Released Parties that I have the authority to sign, and am in fact signing this document on behalf of said minor children. I ACKNOWLEDGE THAT I HAVE READ THE FOREGOING PARAGRAPHS, AND THAT I FULLY UNDERSTAND THE INHERENT RISKS OF THE ACTIVITIES, AND ANY RELATED ACTIVITIES. I AM FULLY AWARE OF THE LEGAL CONSEQUENCES OF SIGNING THIS RELEASE, AND I UNDERSTAND AND AGREE THAT THIS RELEASE IS LEGALLY BINDING AND WILL PRECLUDE ME FROM RECOVERING MONETARY DAMAGES FROM THE RELEASED PARTIES AND/OR OTHER INDIVIDUALS, WHETHER SPECIFICALLY NAMED OR NOT, FOR PERSONAL OR BODILY INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY PRODUCT OR STRICT LIABILITY OR THE NEGLIGENCE (OF ANY SPECIES OR DEGREE), INCLUDING THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE, AND INCLUDING, WITHOUT LIMITATION, NEGLIGENT RESCUE OPERATIONS, TO THE EXTENT SUCH MATTERS RESULT FROM THE INHERENT RISKS OF THE PROGRAM AND/OR ANY RELATED ACTIVITIES.
If any provision, section, or subsection, clause or phrase of this Release is found to be unenforceable or invalid, that portion shall be severed from this Release. The remainder of this Release will then be construed as though the unenforceable portion had never been contained in this Release.