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PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

 

In consideration of the Low Ridzer Rentals Inc, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "LRR"), I hereby agree to release, indemnify, and discharge LRR, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1. I acknowledge that my participation in slingshot rental entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

The risks include, among other things: slips and falls; passengers can be jolted, jarred, bounced around, thrown about and otherwise shaken during rides; collision with fixed or movable objects or other vehicles; travel in remote areas; damage to equipment or personal injury; crashing; passengers can be thrown off the vehicles which can result in any of the above events occurring; collisions, and flipping over; equipment failure and/or operator error; major injuries are a risk as are sprains, strains, scratches, bruises, abrasions, cuts, lacerations, broken bones, fractures, musculoskeletal injuries including head, neck, and back injuries; injuries to internal organs; loss of fingers or other appendages; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related) illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life,

accidents or illness can occur in remote places without medical facilities; my own physical condition, and the physical exertion associated with this activity; transmissible pathogen or disease; traveling to and from activity locations raises the possibility of any manner of transportation accidents.

Furthermore, LRR personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.

3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless LRR from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of LRR equipment or facilities, including any such claims which allege negligent acts or omissions of LRR

4. Should LRR or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

6. In the event that I file a lawsuit against LRR, I agree to do so solely in the state of Florida and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against LRR on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at LRR. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

Low Ridzer Rentals Inc

PERPETUAL WAIVER AND RELEASE

 

(VALID FOR EACH AND EVERY DATE OF PARTICIPATION)

 

We want you to have a great experience with us. However, for your protection and ours, you must read and

agree to the provisions below before you are authorized to use our facilities and/or services. The different

activities that are offered entail certain risks that simply cannot be eliminated without jeopardizing the essential

qualities of the activity. If you are unable or unwilling to sign this Waiver and Release, you are welcome to enjoy

yourself by watching others, but we cannot allow you to personally participate in any of our activities or actively

use our facilities and/or services.

 

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 Low

Ridzer Rentals Inc 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 Low Ridzer Rentals 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 Low Ridzer Rentals Inc HAS THE RIGHT TO REFUSE

TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

1. I recognize and agree that: all risks can never be eliminated, and participating in the activities at Low

Ridzer Rentals Inc involves inherent danger and potential risk of both minor and serious, temporary and

permanent, bodily injury of any and all kinds, both caused by me and/or by others. In signing this release,

I assume all risk for, and financial cost of, any and all injuries, and/or any damage, to my child/children.

2. On behalf of my minor child/children I fully, and forever waive, release and discharge Low Ridzer Rentals

Inc and its individual members, managers, directors, officers, agents, employees, volunteers,

representatives, affiliated entities, and all other persons, firms, corporations, associations or partnerships

claiming by or through them, from any and all claims, actions, causes of action, demands, judgments,

damages (including compensatory, general, special, consequential, and exemplary), liability or

obligations of any nature or kind, whether known at the time or which may arise or become known later,

which accrue on account of, or in any way arise out of or in connection with me or my child’s activities

with or at Low Ridzer Rentals Inc including claims involving their own negligence.

3. I agree to indemnify and hold harmless Low Ridzer Rentals Inc and its individual managers, directors,

officers, agents, employees, volunteers, representatives, affiliated entities, and all other persons,

corporations, or partnerships claiming by or through them, from and against any and all losses, liabilities,

claims, obligations, costs, damages, and/or judgments directly or indirectly arising out of, or relating to,

 

my child’s/children’s participation in any activities at Low Ridzer Rentals Inc, including for claims alleging

Low Ridzer Rentals Inc own negligence.

4. I understand that this agreement extends forever into the future and will have full force and legal effect

each and every time my child/children visit Low Ridzer Rentals Inc whether at the current location or any

other location or facility.

I have read the Low Ridzer Rentals Inc Waiver and Release from any Claim of Responsibility or Damage

and agree to all conditions.

NAMES AND BIRTHDATES OF ALL CHILDREN UNDER 18 to be included with your signature

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