RELEASE AND HOLD HARMLESS AGREEMENT
In consideration of participating in the event known as MELONS FOR MOOLAH on July 6, 2019 located on or about the SAFETY HARBOR WATERFRONT PARK, 110 Veterans Memorial Lane, Safety Harbor, FL 34695 (“premises”), I, individually, and on behalf of all my minor children or legal wards, as well as on behalf of my representatives, heirs, guests, invitees, and/or administrators (collectively referred to as “Releasor”) agree to assume all risks and do unconditionally release, defend, indemnify and hold harmless the SAFETY HARBOR PUBLIC LIBRARY FOUNDATION and any operator/owner of the premises, supervisor(s) of the Event, officers, members, agents, representatives, directors, successors, assigns, insureds, underwriters, employees, and/or other persons, firms or entities acting on its behalf (“Releasee”) of any and all manner of claims, rights, demands, causes of action, suits, debts, covenants, contracts, controversies, agreements, trespasses, damages, executions, claims of any kind and demands whatsoever, in law, or in equity, including, but not limited to: personal injury, loss of earnings, death, property damage, losses associated with the act of another whether criminal, negligent or otherwise, which may arise prior to, during the course of, or during any and all periods of time during which the Releasor are on or about the premises, including the use of any facilities or equipment, whether caused by Releasee or otherwise. Releasor hereby specifically surrender all rights, including those rights of a guardian and/or personal representative, heirs and/or next of kin to sue or make any claim for damages due to the negligence or any other reason, whatsoever against Releasee, their lessees, assignees, and/or all other persons, guests, other participants for injury to person or property which I may suffer whether caused by Releasee or otherwise. This release and hold harmless is without limitation, extends to all acts of Releasee, whether or not specifically stated herein, and is intended to be as broad and inclusive as permitted under Florida law. Releasor understands and acknowledges there are known and unknown risks of danger to his/herself, family, guests, child(ren), and/or legal ward and expressly acknowledges there may be dangerous activities on or about the premises, including but not limited to: water slides, biergarten and contests. Releasor specifically agrees to indemnify, save and hold harmless the Releasee from any loss, liability, damage or cost incurred due to the presence of a minor child in or upon the premises, including but not limited to participating in any activities taking place upon the premises, whether caused by the negligence of the Releasee or otherwise. Releasor agrees and acknowledges any minor must be accompanied by a parent, legal guardian or adult chaperone at all times the minor is upon or about the premises. Releasee reserves the unconditional right to revoke the permission, invitation, and/or license of Releasor to be on or about the premises, in the Releasee’s sole discretion. This Release shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue shall be Pinellas County, Florida or the United States District Court, Middle District of Florida, Tampa, Division and Releasee expressly waives the right to a trial by jury. In the event any portion or part of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the validity and enforceability of the remaining parts shall remain fully enforceable. In the event the Releasee is required to engage the services of legal counsel to enforce its rights hereunder, Releasee shall be entitled to reimbursement of all costs, including but not limited to reasonable attorneys’ fees; including in litigation, on appeal, and in any bankruptcy proceeding.