In consideration of being allowed to use the facilities, vessels, and participate in parasailing and other activities (collectively the Activities) provided by Parasail Siesta LLC (the Host), the Participant, and the Participants parent(s) or natural guardian(s) do hereby agree, to the fullest extent permitted by law, as follows: a) TO WAIVE ALL CLAIMS that they have or may have against the Host, its owners, affiliates, employees, and/or agents arising out of the inherent risks of participating in the Activities. Such inherent risks include, but are not limited to, operator, captain, and/or crew error, changing weather conditions, and equipment failure. b) TO ASSUME ALL RISKS INHERENT IN PARTICIPATING IN THE ACTIVITIES, which include, but are not limited to, operator, captain, and/or crew error, changing weather conditions, and equipment failure; and c) TO RELEASE the Host, its owners, affiliates, employees, and/or agents, from all liability for any loss, damage, injury, or expense forming the basis for a claim and/or cause of action that the Participant [or his/her parent(s) or natural guardian(s)] may suffer, arising out of the inherent risks of participation in the Activities. Such inherent risks include, but are not limited to, operator, captain, and/or crew error, changing weather conditions, and equipment failure. Photography/Video Release The Participants parent(s) or natural guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice. The Participant and his/her parent(s) or natural guardian(s) understand that Participants participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Hosts vessel, 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, the Participant or his/her parent(s) or natural guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participants personal safety or that of others, Participant and/or his/her parent(s) or natural guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host. I (parent/natural guardian), hereby agree that I will explain to my 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 good judgment. NOTICE TO THE MINOR CHILDS 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 PARASAIL SIESTA 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 CHILDS RIGHT AND YOUR RIGHT TO RECOVER FROM PARASAIL SIESTA LLC 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 PARASAIL SIESTA LLC 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. I Agree
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