WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
In consideration of receiving permission to enter the property located on 304th St Okeechobee Florida, heretofore known as The Lake Property, and participating in an event known as the Rucks Pit Crystal Clam Festival, I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE, or make claim against, Blue Wave Enterprises, dba Pacific GeoLab, and its owners, officers, servants, agents, employees, or representatives (hereinafter referred to as “PGL”) from any and all liability, claim, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF PGL, or otherwise, while participating in activities, or while in, on, or upon the premises where activities are being conducted.
I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me or my underage family members, or any loss or damage to property owned by me, as a result of being engaged in such activity, WHETHER CAUSED BY THE NEGLIGENCE OF PGL or otherwise. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS PGL from any loss, liability, damage or cost, including court costs and attorney’s fees, that they may incur due to my participation in said activity, WHETHER CAUSED BY NEGLIGENCE OF PGL or otherwise.
It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of my family and my spouse, if I am alive, and my heirs, assigns and personal representatives, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE or make any claim against, the above-named PGL. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Florida.
In signing this release, I acknowledge and represent that I have read and understand it and sign it voluntarily; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same.
I HAVE READ THIS WAIVER OF LIABILITY AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.