I understand
that by purchasing any ASI service, I am agreeing to participate
in a recreational activities program (hereinafter “Program”),
which will involve inherent risks which I acknowledge and accept.
In consideration of being allowed to participate in the Program,
I hereby personally assume all risks of the Program, whether foreseen,
that may befall me or my family, while I or we are participating
in the Program activities which may include, but are not limited
to, recreational activities in a pool, ocean, intercoastal, lake,
pond, quarry, river, stream or other bodies of water, such as
scuba, snorkeling, swimming, torpedo use, boating, raft &
float use, site seeing, fishing, waver runner use, parasailing,
automobile or bus transportation to and from Program activities,
and incidental transportation and travel. I understand and agree
that neither the Seminole Hard Rock Hotel & Casino, Aqua Sports,
Inc., its parent company, related companies, subsidiaries, affiliates,
owners, officers, shareholders, agents, contractors, assigns,
managers, staff or instructors (hereinafter “Released Parties”)
may be held liable or responsible in any way for any injury, death
or other damages to me, my family, estate, heirs or assigns that
may occur as a result of my participation in the Program or result
of the negligence of any party, including the Released Parties,
whether passive or active. I further release, exempt and hold
harmless said Program operators and Released Parties from any
claim or lawsuit by me, my family, estate, heirs or assigns, arising
out of my enrollment or participation in this program, including
both claims arising during the Program and after I conclude the
Program. I also understand that some of the Program may involve
physically strenuous activities and that I will be exerting myself
during this program, and that if I or my family are injured as
a result of heart attack, panic, hyperventilation, drowning or
any other cause, that I expressly assume the risk of said injuries
and that I will not hold the Released Parties responsible for
the same. I further state that I am of lawful age and legally
competent to sign this liability release, or that I have acquired
the written consent of my parent or legal guardian. I understand
the terms herein are contractual and not a mere recital, and that
I have signed this Agreement of my own free act and with the knowledge
that I hereby agree to waive my legal rights. I further agree
that if any provision of this Agreement is found to be unenforceable
or invalid, that provision shall be severed from this Agreement.
The remainder of this Agreement will then be construed as though
the unenforceable provision had never been contained herein. I
understand and agree that I am not only giving up my right to
sue the Released Parties but also the rights heirs, assigns, or
beneficiaries may have to sue the Released Parties resulting from
my death or that of my family member. I further represent I have
the authority to do so and that my heirs, assigns, or beneficiaries
will be estopped from claiming otherwise because of my representations
to the Released Parties. I, the Adult or Parent participant and
signatory below, by this instrument agree to exempt and release
the Hard Rock Hotel & Casino, Aqua Sports, Inc., its parent
company, related companies, subsidiaries, affiliates, owners,
officers, shareholders, agents, contractors, assigns, managers,
staff from all liability or responsibility whatsoever from personal
injury, property damage or wrongful death however caused, including
but not limited to the negligence of the Released Parties, whether
passive or active.
Each Participant must agree to the above statements and sign
an Assumption of Risk & Liability Release Waiver prior to
participating in any ASI service. Parent or Legal Guardian must
agree and sign for Participants under 18 years of age.
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