Common use of Personal Responsibility Clause in Contracts

Personal Responsibility. The Participant's parent(s) or natural guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment and that he/she is not participating against medical advice. The Participant and his/her parent(s) or natural guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings. If, while participating in the Activities and/or using the Equipment, the Participant or his/her parents(s) or natural guardian(s) observe and unusual hazard or condition, which they believe jeopardizes Participant's personal safety or that of others, participant and/or his /her parents(s) or natural guardian(s) will remove Participant from participation in the Activity and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host. Participant's parent/natural guardian hereby agrees that he/she will explain to his/her child that the risk of injury while participating in the Activities can be reduced by following the rules and through the use of common sense and goodjudgement. NOTICE TO THE MINOR CHILD'S PARENT(S) OR 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 HOLIDAY WATER SPORTS OF FORT_ !\IIYERS BEACH, INC. USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANGE 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 CHILDS'S RIGHT AND YOUR RIGHT TO RECOVER FROM HOLIDAY WATER SPORTS OF FORT XXXXX BEACH, INC. IN A LAWSUIT 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. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND HOLIDAY WATER SPORTS OF FORT XXXXX BEACH, INC. HAS THE RIGHT REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. BINDING ARBITRATION The Participant, and the Participant's parent(s) or natural guardian(s) if the Participant is a minor, hereby agrees to submit any dispute, claim, or controversy, relating to and/or arising from (a) this Assumption of Risk, Release of Liability, Waiver of Claims & Binding Arbitration agreement for Minor Participant, (b) Participant's participation in the Activities, and/or (c) any other interaction between the Participant and the Host, including the determination of the scope or applicability of this agreement to arbitrate, to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the "Panel"), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitr�tors are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the district in which the Activities occurred. Each party shall pay its own costs, including the cost associated with the party-appointed arbitrators, and the parties shall share equally the cost associated with the neutral arbitrator. The arbitration proceedings shall proceed in the State and County where the Activities occurred, and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law. Judgement on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant, Participant's parent(s) or natural guardian(s), and the Host specifically intend this Binding Arbitration provision to survive in the event that any other portion of this Agreement is held invalid.

Appears in 1 contract

Samples: holidaywatersportsfmb.com

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Personal Responsibility. The Participant's parent(s) or natural guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment and that he/she is not participating against medical advice. The Participant and his/her parent(s) or natural guardian(s) understand that Participant's participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host's Equipment and facilities before any participation. The Participant and his/her parent(s) or natural guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings. If, while participating in the Activities and/or using the Equipment, the Participant or his/her parents(sparent(s) or natural guardian(s) observe and any unusual hazard or condition, which they believe jeopardizes Participant's personal safety or that of others, participant Participant and/or his /her parents(shis/her parent(s) or natural guardian(s) will remove Participant from participation in the Activity Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host. Participant's I,_________________________ (parent/natural guardian guardian), hereby agrees agree that he/she I will explain to his/her my child that the risk of injury while participating in the Activities and using the Equipment can be reduced by following the rules and through the use of common sense and goodjudgementgood judgment. NOTICE TO THE MINOR CHILD'S PARENT(S) OR ’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 HOLIDAY WATER SPORTS OF FORT_ !\IIYERS BEACH, INC. THE Orlando Tree Trek Adventure Park (the “Host”) USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANGE 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, FORM YOU ARE GIVING UP YOUR CHILDSCHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM HOLIDAY WATER SPORTS OF FORT XXXXX BEACH, INC. Orlando Tree Trek Adventure Park (the “Host”) IN A LAWSUIT 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. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND HOLIDAY WATER SPORTS OF FORT XXXXX BEACH, INC. Orlando Tree Trek Adventure Park (the “Host”) HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. BINDING ARBITRATION The Participant, I agree that Orlando Tree Trek Adventure Park and the Participant's parent(s) its licensees are allowed to use any video images or natural guardian(s) if the Participant is a minor, hereby agrees to submit any dispute, claim, or controversy, relating to and/or arising from (a) this Assumption of Risk, Release of Liability, Waiver of Claims & Binding Arbitration agreement for Minor Participant, (b) Participant's participation in the Activities, and/or (c) any other interaction between the Participant and the Host, including the determination of the scope or applicability of this agreement to arbitrate, to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the "Panel"), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitr�tors are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the district photographs in which I or my children appear for advertising. To the Activities occurred. Each party shall pay its own costs, including the cost associated with the party-appointed arbitrators, and the parties shall share equally the cost associated with the neutral arbitrator. The arbitration proceedings shall proceed in the State and County where the Activities occurred, and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law. Judgement on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant, Participant's parent(s) or natural guardian(s), and the Host specifically intend this Binding Arbitration provision to survive in the event extent that any other portion of this Agreement is held invalid.deemed to be invalid under the law of the State of Florida, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding. I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY. Participant's Signature: Date: Parent/Natural Guardian Name(Printed): Date: Parent/Natural Guardian Signature: Date:

Appears in 1 contract

Samples: cdn.tourcms.com

Personal Responsibility. The Participant's Participant and his/her parent(s) or natural legal guardian(s) certify that the Participant has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment and that he/she is not participating against medical advice. The Participant and his/her parent(s) or natural legal guardian(s) understand that Participant’s participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation. The Participant and his/her parent(s) or legal guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings. If, If while participating in the Activities and/or using the EquipmentActivities, the Participant or his/her parents(sparent(s) or natural legal guardian(s) observe and any unusual hazard or condition, which they believe jeopardizes Participant's ’s personal safety or that of others, participant Participant and/or his /her parents(shis/her parent(s) or natural legal guardian(s) will remove Participant from participation in the Activity and/or use of the Equipment Activities and immediately bring said hazard or condition to the attention of the Host. Participant's parent/natural guardian hereby agrees that he/she will explain to The Participant and his/her child that the risk of injury while participating in the Activities can be reduced by following the rules and through the use of common sense and goodjudgement. NOTICE TO THE MINOR CHILD'S PARENT(S) OR 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 HOLIDAY WATER SPORTS OF FORT_ !\IIYERS BEACH, INC. USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANGE 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 CHILDS'S RIGHT AND YOUR RIGHT TO RECOVER FROM HOLIDAY WATER SPORTS OF FORT XXXXX BEACH, INC. IN A LAWSUIT 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. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND HOLIDAY WATER SPORTS OF FORT XXXXX BEACH, INC. HAS THE RIGHT REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. BINDING ARBITRATION The Participant, and the Participant's parent(s) or natural legal guardian(s) if the Participant is a minor, hereby agrees to submit any dispute, claim, or controversy, relating to and/or arising from (a) this Assumption of Risk, Release of Liability, Waiver of Claims & Binding Arbitration agreement give permission for Minor Participant, (b) Participant's participation emergency treatment in the Activities, and/or (c) any other interaction between event the Participant and the Host, including the determination of the scope or applicability of this agreement to arbitrate, to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the "Panel"), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitr�tors are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the district in which the Activities occurred. Each party shall pay its own costs, including the cost associated with the party-appointed arbitrators, and the parties shall share equally the cost associated with the neutral arbitrator. The arbitration proceedings shall proceed in the State and County where the Activities occurred, and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law. Judgement on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant, Participant's parent(s) or natural legal guardian(s), and ) cannot be reached. To the Host specifically intend this Binding Arbitration provision to survive in the event extent that any other portion of this Agreement is held invalid.deemed to be invalid under Washington law, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding. I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. Player Name Home Phone Parents/ Guardian’s Name/ All Father’s Work Phone _ Father’s Cell Phone Mother’s Work Phone Mother’s Cell Phone _ Emails: Insurance Company Policy Number _ Two people you recommend we call in the event you can’t be reached:

Appears in 1 contract

Samples: cdn1.sportngin.com

Personal Responsibility. The Participant's ’s parent(s) or natural guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment and that he/she is not participating against medical advice. The Participant and his/her parent(s) or natural guardian(s) understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation. The Participant and his/her parent(s) or natural guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings. If, while participating in the Activities and/or using the Equipment, the Participant or his/her parents(sparent(s) or natural guardian(s) observe and any unusual hazard or condition, which they believe jeopardizes Participant's ’s personal safety or that of others, participant Participant and/or his /her parents(shis/her parent(s) or natural guardian(s) will remove Participant from participation in the Activity Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host. Participant's I, (parent/natural guardian guardian), hereby agrees agree that he/she I will explain to his/her my child that the risk of injury while participating in the Activities and using the Equipment can be reduced by following the rules and through the use of common sense and goodjudgementgood judgment. NOTICE TO THE MINOR CHILD'S PARENT(S(remainder of page intentionally left blank) OR 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 HOLIDAY WATER SPORTS OF FORT_ !\IIYERS BEACH, INC. USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANGE 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 CHILDS'S RIGHT AND YOUR RIGHT TO RECOVER FROM HOLIDAY WATER SPORTS OF FORT XXXXX BEACH, INC. IN A LAWSUIT 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. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND HOLIDAY WATER SPORTS OF FORT XXXXX BEACH, INC. HAS THE RIGHT REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. BINDING ARBITRATION Binding Arbitration The Participant, and the Participant's ’s parent(s) or natural guardian(s) if the Participant is a minor, hereby agrees to submit any dispute, claim, or controversy, relating to and/or arising from (a) this Assumption of Risk, Release of Liability, Waiver of Claims & Binding Arbitration agreement Agreement for Minor Participant, (b) Participant's participation in the Activities, and/or (c3) any other interaction between the Participant and the Host, including the determination of the scope or applicability of this agreement to arbitrate, to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the "Panel"), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitr�tors arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the district in which the Activities occurred. Each party shall pay its own costs, including the cost costs associated with the party-party- appointed arbitrators, and the parties shall share equally the cost costs associated with the neutral arbitrator. The arbitration proceedings proceeding shall proceed in the State and County where the Activities occurred, and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law. Judgement Judgment on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant, Participant's ’s parent(s) or natural guardian(s), and the Host specifically intend this Binding Arbitration provision to survive in the event that any other portion of this Agreement is held invalid.. NOTICE TO PARTICIPANT: By signing this Agreement, you are giving up your right to commence litigation against the Host in a court of law, and you are giving up your right to a trial by jury. 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 BARLEM USA LLLP DBA TREE TREK ADVENTURE PARK 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 BARLEM USA LLLP DBA TREE TREK ADVENTURE PARK IN A LAWSUIT 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. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND BARLEM USA LLLP DBA TREE TREK ADVENTURE PARK HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. To the extent that any portion of this Agreement is deemed to be invalid under the law of the State of Florida, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding. I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY. Participant’s Signature: Date: Parent/Natural Guardian Name (Printed): Date:

Appears in 1 contract

Samples: www.orlandotreetrek.com

Personal Responsibility. The Participant's participant and his/her parent(s) or natural legal guardian(s) certify that the Participant has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment and that he/she is not participating against medical advice. The Participant participant and his/her parent(s) or natural legal guardian(s) understand that the Participants participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Hosts Equipment and facilities before any participation. The participant and his/her parent(s) or legal guardian(s) understand that the Participant is obligated to follow tofollow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings. If, while participating in the Activities and/or using the EquipmentActivities, the Participant or participant and his/her parents(sparent(s) or natural legal guardian(s) observe and any unusual hazard or condition, which they believe jeopardizes Participant's Participants personal safety or that of others, participant and/or his /her parents(sParticipant and his/her parent(s) or natural legal guardian(s) will remove the Participant from participation in the Activity and/or use of the Equipment Activities and immediately bring said hazard or condition to the attention a_ention of the Host. Participant's parent/natural guardian hereby agrees To the extent that he/she will explain any portion of this agreement is deemed to his/her child that be invalid under the risk law of injury while participating the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in the Activities can be reduced by following the rules and through the use of common sense and goodjudgementany proceeding. NOTICE TO THE MINOR CHILD'S PARENT(S) OR NATURAL GUARDIAN I HAVE READ AND UNDERSTAND THIS FORM COMPLETELY AGREEMENT AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF HOLIDAY WATER SPORTS OF FORT_ !\IIYERS BEACH, INC. USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANGE 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. I AM AWARE THAT BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILDS'S RIGHT AND YOUR RIGHT TO RECOVER FROM HOLIDAY WATER SPORTS OF FORT XXXXX BEACH, INC. IN A LAWSUIT FOR ANY PERSONAL INJURYAGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND HOLIDAY WATER SPORTS OF FORT XXXXX BEACH, INCSUE. HAS THE RIGHT REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORMParticipant Information Name of guest that made reservation Reservation Date / / Participant’s Full Name Cell # Birthdate / / Weight lbs. BINDING ARBITRATION The Participant, and the Participant's parent(s) or natural guardian(s) if the Participant is a minor, hereby agrees to submit any dispute, claim, or controversy, relating to and/or arising from (a) this Assumption of Risk, Release of Liability, Waiver of Claims & Binding Arbitration agreement for Address City State Zip Email Address Emergency Contact Name: Cell # ** Minor Participant, (b) Participant's participation in the Activities, and/or (c) any other interaction between the Participant and the Host, including the determination of the scope or applicability of this agreement to arbitrate, to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the "Panel"), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitr�tors are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the district in which the Activities occurred. Each party shall pay its own costs, including the cost associated with the party-appointed arbitrators, and the parties shall share equally the cost associated with the neutral arbitrator. The arbitration proceedings shall proceed in the State and County where the Activities occurred, and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law. Judgement on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant, Participant's parent(s) or natural guardian(s), and the Host specifically intend this Binding Arbitration provision to survive in the event that any other portion of this Agreement is held invalid.participant/s age weight medical condition?

Appears in 1 contract

Samples: Indemnification Agreement

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Personal Responsibility. The Participant's ’s parent(s) or natural guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment and that he/she is not participating against medical advice. The Participant and his/her parent(s) or natural guardian(s) understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation. The Participant and his/her parent(s) or natural guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings. If, while participating in the Activities and/or using the Equipment, the Participant or his/her parents(sparent(s) or natural guardian(s) observe and any unusual hazard or condition, which they believe jeopardizes Participant's ’s personal safety or that of others, participant Participant and/or his /her parents(shis/her parent(s) or natural guardian(s) will remove Participant from participation in the Activity Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host. Participant's I, (parent/natural guardian guardian), hereby agrees agree that he/she I will explain to his/her my child that the risk of injury while participating in the Activities and using the Equipment can be reduced by following the rules and through the use of common sense and goodjudgementgood judgment. FL Minor – Recreational NOTICE TO THE MINOR CHILD'S PARENT(S) OR ’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 HOLIDAY WATER SPORTS OF FORT_ !\IIYERS BEACHICHETUCKNEE FAMILY GROCERY & CAMPSITE, INC. DBA ICHETUCKNEE FAMILY CANOE & CABINS USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANGE 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, FORM YOU ARE GIVING UP YOUR CHILDS'S CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM HOLIDAY WATER SPORTS OF FORT XXXXX BEACHICHETUCKNEE FAMILY GROCERY & CAMPSITE, INC. DBA ICHETUCKNEE FAMILY CANOE & CABINS IN A LAWSUIT 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. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND HOLIDAY WATER SPORTS OF FORT XXXXX BEACHICHETUCKNEE FAMILY GROCERY & CAMPSITE, INC. DBA ICHETUCKNEE FAMILY CANOE & CABINS HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. BINDING ARBITRATION The Participant, and To the Participant's parent(s) or natural guardian(s) if the Participant is a minor, hereby agrees to submit any dispute, claim, or controversy, relating to and/or arising from (a) this Assumption of Risk, Release of Liability, Waiver of Claims & Binding Arbitration agreement for Minor Participant, (b) Participant's participation in the Activities, and/or (c) any other interaction between the Participant and the Host, including the determination of the scope or applicability of this agreement to arbitrate, to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the "Panel"), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitr�tors are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the district in which the Activities occurred. Each party shall pay its own costs, including the cost associated with the party-appointed arbitrators, and the parties shall share equally the cost associated with the neutral arbitrator. The arbitration proceedings shall proceed in the State and County where the Activities occurred, and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law. Judgement on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant, Participant's parent(s) or natural guardian(s), and the Host specifically intend this Binding Arbitration provision to survive in the event extent that any other portion of this Agreement is held invalid.deemed to be invalid under the law of the State of Florida, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding. I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY. Participant’s Signature: Date: Parent/Natural Guardian Name (Printed): Date: Parent/Natural Guardian Signature:

Appears in 1 contract

Samples: www.ichetuckneecanoeandcabins.net

Personal Responsibility. The Participant's parent(s) or natural guardian(s) certify Participant certifies that Participant he/she has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment Programs and that he/she is not participating participation against medical advice. The If helmets are recommended for use while participating in the Programs, and the Participant and chooses not to wear a helmet, he/she does so at his/her parent(s) or natural guardian(s) understand own risk and accepts full responsibility for any injury that results. The Participant understands that his/her participation in the Programs is voluntary and further understands that he/she has the opportunity to inspect the Host’s equipment and location before any participation. The Participant understands that he/she is obligated to follow the rules of the Activities Programs and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings. If, while participating participation in the Activities and/or using the EquipmentPrograms, the Participant or observes any unusual hazard, which he/she believes jeopardizes his/her parents(s) or natural guardian(s) observe and unusual hazard or condition, which they believe jeopardizes Participant's personal safety or that of others, participant and/or his /her parents(s) or natural guardian(s) he/she will remove Participant himself/herself from participation in the Activity and/or use of the Equipment Programs and immediately bring said hazard or condition xxxxxx to the attention of the Host. Participant's I, (parent/natural guardian legal guardian, hereby agrees agree that he/she I will explain to his/her my child that the risk of injury while participating in the Activities Programs can be reduced by following the rules and through the use of common sense and goodjudgementgood judgment. NOTICE TO THE MINOR CHILD'S PARENT(S) OR 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 HOLIDAY WATER SPORTS OF FORT_ !\IIYERS BEACH, INC. USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANGE 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 CHILDS'S RIGHT AND YOUR RIGHT TO RECOVER FROM HOLIDAY WATER SPORTS OF FORT XXXXX BEACH, INC. IN A LAWSUIT 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. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND HOLIDAY WATER SPORTS OF FORT XXXXX BEACH, INC. HAS THE RIGHT REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. BINDING ARBITRATION The Participant, and To the Participant's parent(s) or natural guardian(s) if the Participant is a minor, hereby agrees to submit any dispute, claim, or controversy, relating to and/or arising from (a) this Assumption of Risk, Release of Liability, Waiver of Claims & Binding Arbitration agreement for Minor Participant, (b) Participant's participation in the Activities, and/or (c) any other interaction between the Participant and the Host, including the determination of the scope or applicability of this agreement to arbitrate, to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the "Panel"), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitr�tors are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the district in which the Activities occurred. Each party shall pay its own costs, including the cost associated with the party-appointed arbitrators, and the parties shall share equally the cost associated with the neutral arbitrator. The arbitration proceedings shall proceed in the State and County where the Activities occurred, and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law. Judgement on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant, Participant's parent(s) or natural guardian(s), and the Host specifically intend this Binding Arbitration provision to survive in the event extent that any other portion of this Agreement is held invalid.deemed to be invalid under the law of applicable jurisdiction the remaining portions of the Agreement shall remain binding and available for any use by the Host and its counsel in any proceeding. I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. Parents or Guardians must also sign if the Participant is UNDER 18. Participants Signature: Date: Participants Signature: Date: Participants Signature: Date: Participants Signature: Date: Participants Signature: Date: Participants Signature: Date: Participants Signature: Date: Participants Signature: Date: Participants Signature: Date: Participants Signature: Date: Participants Signature: Date: Parent/Guardian Signature: Date:

Appears in 1 contract

Samples: static1.squarespace.com

Personal Responsibility. The Participant's Participant and his/her parent(s) or natural legal guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment and that he/she is not participating against medical advice. The Participant and his/her parent(s) or natural legal guardian(s) understand that Participant’s participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment, facilities, and vessels before any participation. The Participant and his/her parent(s) or legal guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings. FORM 1507 (1212) Personal Watercraft Waiver A – Page 1 NC/NH If, while participating in the Activities and/or using the EquipmentActivities, the Participant or his/her parents(sparent(s) or natural legal guardian(s) observe and any unusual hazard or condition, which they believe jeopardizes Participant's ’s personal safety or that of others, participant Participant and/or his /her parents(shis/her parent(s) or natural legal guardian(s) will remove Participant from participation in the Activity and/or use of the Equipment Activities and immediately bring said hazard or condition to the attention of the Host. Participant's parent/natural guardian hereby agrees that he/she will explain to his/her child that To the risk of injury while participating in the Activities can be reduced by following the rules and through the use of common sense and goodjudgement. NOTICE TO THE MINOR CHILD'S PARENT(S) OR 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 HOLIDAY WATER SPORTS OF FORT_ !\IIYERS BEACH, INC. USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANGE 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 CHILDS'S RIGHT AND YOUR RIGHT TO RECOVER FROM HOLIDAY WATER SPORTS OF FORT XXXXX BEACH, INC. IN A LAWSUIT 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. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND HOLIDAY WATER SPORTS OF FORT XXXXX BEACH, INC. HAS THE RIGHT REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. BINDING ARBITRATION The Participant, and the Participant's parent(s) or natural guardian(s) if the Participant is a minor, hereby agrees to submit any dispute, claim, or controversy, relating to and/or arising from (a) this Assumption of Risk, Release of Liability, Waiver of Claims & Binding Arbitration agreement for Minor Participant, (b) Participant's participation in the Activities, and/or (c) any other interaction between the Participant and the Host, including the determination of the scope or applicability of this agreement to arbitrate, to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the "Panel"), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitr�tors are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the district in which the Activities occurred. Each party shall pay its own costs, including the cost associated with the party-appointed arbitrators, and the parties shall share equally the cost associated with the neutral arbitrator. The arbitration proceedings shall proceed in the State and County where the Activities occurred, and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law. Judgement on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant, Participant's parent(s) or natural guardian(s), and the Host specifically intend this Binding Arbitration provision to survive in the event extent that any other portion of this Agreement is held invalid.deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding. I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. Participant Name (Printed) Participant Signature Date Parent/Guardian Name (Printed) Parent/Guardian Signature Date RENTAL INFORMATION & AGREEMENT CUSTOMER/RENTER: PHONE: HOME ADDRESS: EMAIL: QTY ITEM DESCRIPTION DURATION ITEM PRICE TOTAL ADDITIONAL ACCESSORIES INCLUDED IN RENTAL: RENTAL AGREEMENT All equipment will be inspected for damage(s) before and after the rental period. Should the equipment be lost, stolen, or damaged during the rental period, the renter will be financially responsible for the repair or replacement costs. By signing here, I authorize Kitty Hawk Kites / Kitty Hawk Surf Co. / Morningside Flight Park to charge my credit card for any damaged or lost items described on this form. Renter Signature Date EMPLOYEE USE ONLY PICK-UP RETURN DATE/TIME: DATE/TIME: EMPLOYEE: EMPLOYEE:

Appears in 1 contract

Samples: Personal Watercraft

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