If there are no minors in the activity, please skip to the next step(Required) I agree to AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY.
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 ZAZA WATERSPORTS
LLC 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 ZAZA Watersports LLC IN A LAWSUITFOR 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 ZAZA Watersports LLC HAS THE RIGHT TO REFUSE TO LET
YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. Release and Waiver of Claims; Assumption of the Risk; Indemni cation Agreement NOTICE - By initialing each provision and signing this agreement you may be waiving
certain legal rights, including use and other activities (collectively, the "activities") provided by ZAZA Watersports LLC (the "HOST"), The minor participant and the minor participant's parent(s) or natural guardian(s) do hereby agree to the fullest extent permitted by law, as follows:
1) TO WAIVE ALL CLAIMS that they have or may have against
the Host, its owners, associates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation, arising out of the
inherent risks of participating in the Activities and/or using any vessels and equipment provided by the Host (collectively, the “Equipment”). As used herein, the term
“Equipment” shall include, but not be limited to, personal water Craft;
2) TO ASSUME ALL RISKS INHERENT IN PARTICIPATING IN THE ACTIVITIES ANDUSING THE EQUIPMENT. On behalf of the minor Participant, the signatory understands that there are inherent risks of participating in the Activities and using the equipment, which may be both foreseen and unforeseen and include serious physical injury and death. The minor Participant and the minor Participant’s parent(s)
or natural guardian(s) further assume all risk of any illness, including, but not limited to, known or unknown infectious and/or contagious diseases, known or unknown epidemic
sand/or pandemics, or known or unknown intentional and/or negligent failure to quarantine without regard to declarations made or not made by federal and/or local authorities.
3) TO RELEASE the Host, its owners, associates, operators, employees, agents, officers, insurers, and/or any entity to which the Host owes a contractual indemnification
obligation, from all liability for any loss, damage, injury, death, attorneys fees and costs, or any other expense forming the basis for a claim and/or cause of action that the minor Participant (or his/her next of kin) may sue arising
out of the minor Participant’s participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The minor Participant’s signatory specifically understands that he/she is releasing, on the minor Participant’s behalf, any and all claims that
arise or may arise from any negligent acts or conduct of the Host, its owners, liaison operators, employees, agents, and/or any entity to which the Host owes a contractual indemnification obligation, to the fullest extent
permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct;
4) TO INDEMNIFY the Host, its owners, associates, operators, employees, agents, officers, insurers, and/or any entity to
which the Host owes a contractual indemnification obligation, from all liability for any loss, Damage, injury, death, attorneys fees and costs, or any other expense that
The minor Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.
5) On behalf of the minor Participant, the signatory hereby grants to the host and its representatives and employees,
the right to take photographs and/or videos of the minor Participant in connection with the minor participant’s participation in the activities and/or use of the equipment.
On behalf of the minor Participant, the signatory hereby authorizes the Host to copyright, use, and publish the same
in print and/or electronically. On behalf of the minor Participant, the signatory hereby agrees that the Host may use such photographs of the minor Participant for any lawful purpose, including but not limited to, publicity,
illustration, advertising, and internet content.
6) The minor Participant’s parent(s) or natural guardian(s) certify that the minor Participant has no physical or mental condition that precludes him/her from participating in the Activities and/or using the Equipment, and that the minor
Participant is not participating in the Activities and/or using the Equipment against medical advice.
7) The minor Participant and his/her parent(s) or natural guardian(s) understand that the minor participant’s participation in the Activities and/or use of the equipment is recreational and voluntary, and further understand that they can inspect the Equipment and the Host’s facilities
before participating in the Activities and/or using the equipment.
8) The minor Participant and his/her parent(s) or natural guardian(s) understand that the minor Participant is obligated to follow the rules of participating in the activities and/or using the Equipment, and that the minor Participant can minimize his/her risk of injury by following those rules, exercising common sense, and being aware of his/her surroundings.
9) If, while participating in the Activities and/or using the equipment, the minor Participant or his/her parent(s) or natural guardian(s) observe any unusual hazard or condition which they believe jeopardizes the minor Participant’s personal safety or that of others, the minor
The participant and/or his/her parent(s) or natural guardian(s) will remove the minor participant from participation in the activities and/or use of the equipment and immediately bring said hazard or condition to the attention of the host.
10) The minor Participant’s parent(s) or natural guardian(s) hereby agree that they will explain to the minor Participant that the risk of injury while participating in the activities and/or using the Equipment can be reduced by following
the rules and using commonsense and good judgment.
11) Any dispute or claim arising out of or relating to this Agreement, breach there of, the premises, facilities, Activities, Equipment, property damage (real or personal),
personal injury (including death), or the scope, arbitrability, or validity of this arbitration agreement shall be brought in the venue where the defendant/respondent is located by
the parties in their individual capacity and not as a plaintiff or class member in any purported class or representative capacity, and settled by binding, confidential, and private arbitration before a single arbitrator administered by JAMS
pursuant to its rule 16.1Expedited Arbitration Rules and Procedures, e.g., at the time the demand for arbitration is led. If no JAMS office is located within 100 miles of the
defendant/respondent, the parties shall work collectively to select and utilize a similar and mutually agreeable arbitration provider. If the parties cannot agree upon an arbitrator, then either party may petition an appropriate court to appoint an arbitrator. Judgment on the arbitration award may be entered in any federal or state court having jurisdiction there of. No award shall exceed the amount of the claim by either party, and the arbitrator shall have no
authority to award punitive or exemplary damages. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
This Agreement shall be governed
by, construed, and interpreted in accordance with the laws of the State of Florida, without regard to “choice of law.” principles. Notwithstanding the provision with respect to
the applicable substantive law, arbitration and the enforcement of any award rendered in the arbitration proceedings shall be subject to and governed by the Federal Arbitration Act (9 U.S.C. §1 et seq.). If either party les suits in
violation of this paragraph (except to toll the statute of limitations), such party shall reimburse the other for their costs and expenses, including attorneys’ fees, incurred in
seeking abatement of such suit an enforcement of this paragraph.
12) I understand and acknowledge that the JAMS Arbitration Rules to which I agree on behalf of the minor Participant are available online for my review atjamsadr.com and include
JAMS Comprehensive Arbitration Rules Procedures; Rule
16.1 Expedited Procedures and Policy On Consumer Minimum Standards Of Procedural Fairness. I, WE HAVE READ AND UNDERSTAND THIS AGREEMENT AND I/WE
UNDERSTAND THAT I/WEHAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I/WE HAVE NOT CHANGED IT ORALLY, AND I/WE HAVE ACTUAL AUTHORITY TO SIGN THIS
Agreement VOLUNTARILY ON BEHALFOF THE MINOR PARTICIPANT NAME BELOW.