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Sailfish Club of Florida

WAIVER AND RELEASE AGREEMENT

The undersigned delivers this Waiver and Release Agreement to The Sailfish Club of Florida, Inc. and agrees as follows:

RECITALS

A.  The Sailfish Club of Florida, Inc. (the “Club”) is a not-for-profit Florida corporation operating as a private social club for the benefit of its members.

B.  The Club offers diverse programs, activities or services in which members and their family members can participate (the “Club Service”).  Guests sponsored by members can also participate in the Club Service.

C.  The Club Service involves the use of property and facilities owned by the Club, as well as property and facilities that are not owned by the Club.

D.  As a member of the Club, or as a guest of a member, I, for myself and for any minor children for whom I am parent, legal guardian, or otherwise responsible, do acknowledge  that by using or participating in the Club Service, a person will be exposed to certain inherent hazards and risks that may result in injury or death or property damage.  These hazards and risks may include, but are not limited to: changing water flow, tides, riptides, currents, wave action and boat wakes; collisions with other participants, watercraft, or natural or man-made objects; wind, lightning, storms, extreme temperatures, or other weather conditions; equipment failure or operator error; capsizing or sinking of watercraft; drowning; exposure to elements, hypothermia, sunburn, sunstroke, heat exhaustion, or dehydration; and presence of marine life and insects.

E.  Despite knowledge of the exposure to hazards and risks whether identified in paragraph D above or not, the undersigned desires that person(s) named below make use of the Club Service without creating liability for the Club, its officers, directors or employees.

F.  The Club requires the delivery of this Waiver and Release Agreement before permitting a person make use of the Club Service; however, the undersigned acknowledges a person’s use of the Club Service is purely voluntary and done so at the choice of the undersigned and/or the participating person(s).

WAIVER AND RELEASE

In consideration of the foregoing recitals and other good and valuable consideration, the undersigned agrees as follows:

  1. The foregoing recitals are true and correct and are hereby incorporated as part of this Waiver and Release Agreement.
     
  2. The following definitions shall apply to all remaining paragraphs of this Waiver and Release Agreement:

    (a)  “Club Service User” means each member, guest of a member, or other person identified below who makes use of the Club Service offered by the Club.

    (b)  “Club” means:

    ​     (i)  The Sailfish Club of Florida, Inc.:
         (ii)  The former, present and future officers, directors, agents and employees of The Sailfish Club of Florida, Inc.;
         (iii)  The insurers, legal representatives, successors and assigns of The Sailfish Club of Florida, Inc.;
         (iv)  The insurers, legal representative, executors, successors, assigns and personal representatives of the former, present and future officers, directors, agents and employees of The Sailfish Club of Florida, Inc.; and
         (v)Former, present and future parent, subsidiary, predecessor, successor, or affiliated corporations or entities and any other legal parties in interest acting by or through The Sailfish Club of Florida, Inc.
     
  3. The undersigned understands and acknowledges that making use of the Club Service is at each Club Service User's own risk.  The undersigned waives any and all claims, demands, costs, expenses, actions and causes of action whatsoever that the undersigned or other (including any guest sponsored by the undersigned or a Club Service User) may have arising out of or in any way connected with use of or participation in the Club Service.  Further, the undersigned hereby releases, covenants not to sue, and shall hold the Club harmless, from and with respect to, any and all loss, cost, claim, injury, damage or liability sustained or incurred by any Club Service User arising out of or incident to use of or participation in the Club Service, including any negligence, act or omission of the Club.  The undersigned shall have, owe and perform the same obligation to the Club hereunder in respect to any such loss, cost, claim, injury damage or liability sustained or incurred by any guest who makes use of or participates in the Club Service sponsored by the undersigned or any Club Service User.
     
  4. THE UNDERSIGNED UNDERSTANDS THAT HE OR SHE IS RELEASING, AND SPECIFICALLY INTENDS TO RELEASE, CLAIMS THAT MAY ARISE IN THE FUTURE, INCLUDING CLAIMS THAT MAY ARISE AS A RESULT OF THE NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL ACTS OF THE CLUB.
     
  5. The undersigned understands and acknowledges that making use of the Club Service is at each Club Service User's own risk.  The undersigned, on behalf of any minor child for whom I am parent, legal guardian, or otherwise responsible, waives any and all claims, demands, costs, expenses, actions and causes of action whatsoever that the undersigned or other (including any guest sponsored by the undersigned or a Club Service User) may have arising out of or in any way connected with inherent risks in the use of or participation in the Club Service (including the risk that another participant in the activity may act in a negligent or intentional manner and contribute to the injury or death of the minor child), or any failure of the Club to warn of any such inherent risks.  Further, the undersigned, on his or her own behalf and on behalf of any minor children for whom I am parent, legal guardian, or otherwise responsible, hereby releases, covenants not to sue, and shall hold the Club harmless, from and with respect to, any and all loss, cost, claim, injury, damage or liability sustained or incurred by any Club Service User arising out of or incident to inherent risks in the use of or participation in the Club Service.

    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 THE CLUB 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 THE CLUB 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 THE CLUB HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
     
  6. The undersigned further agrees as follows:
    (a)  The terms of this Waiver and Release Agreement are governed by Florida law, without regard to conflict of law principles.

    (b)  In the event of a dispute regarding the interpretation of this Waiver and Release Agreement, this Waiver and Release Agreement shall not be construed less favorably against the Club as the drafter of Waiver and Release Agreement.

    (c)  In the event of litigation concerning or arising from this Waiver and Release Agreement, the prevailing party will be entitled to all reasonable costs and attorney’s fees, including appellate fees.  In awarding such fees and costs, the court shall not be bound by the Uniform Guidelines for Taxation of Costs, applicable to Florida rules, statutes, or case law, but shall instead attempt to make the prevailing party whole.  Furthermore, the prevailing party shall be entitled to fees and costs incurred in establishing the reasonableness of the fees and costs to be awarded.

    (d)  IN THE EVENT OF LITIGATION ARISING FROM THIS WAIVER AND RELEASE AGREEMENT OR OUT OF A CLUB SERVICE USER'S USE OF OR PARTICIPATION IN THE CLUB SERVICE, THE UNDERSIGNED KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY.  THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THIS WAIVER PROVISION IS A MATERIAL INDUCEMENT FOR THE SAILFISH CLUB OF FLORIDA, INC. TO PERMIT A CLUB SERVICE USER TO MAKE USE OF OR PARTICIPATE IN THE CLUB SERVICE.

    (e)  In the event of a dispute regarding this Waiver and Release Agreement, a court should interpret the release provided for herein as broadly as possible.

    (f)  The Club may rely on a copy of a signature, or a facsimile of a signature, and consider it as an original signature of the party or parties signing this Waiver and Release Agreement.

    (g)  Any interlineations, or attempt to modify or restrict the typed terms of this Waiver and Release Agreement, shall be ineffective to alter the typed terms of this Waiver and Release Agreement unless the interlineations or modification is signed by a member of the Executive Committee of The Sailfish Club of Florida, Inc. The undersigned agrees that if any interlineations or other attempted modification is made to this Waiver and Release Agreement, and is not signed by a member of the Executive Committee (including any interlineations or attempt to modify this provision), the delivery of this Waiver and Release Agreement to The Sailfish Club of Florida, Inc. shall constitute the undersigned’s agreement to the typed terms of this Waiver and Release Agreement as if no interlineations or attempt to modify the typed terms of this Waiver and Release Agreement had been made.

IN WITNESS WHEREOF, the undersigned have indicated their agreement to and acceptance of the terms and conditions of this Waiver and Release Agreement by affixing their signatures below.                          

AGREED AND ACCEPTED:

On this day of May 6, 2024. 

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Information
I am a:*

Member #

Guest of... (if applicable)
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information
I am a:*

Member #

Guest of... (if applicable)
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information
I am a:*

Member #

Guest of... (if applicable)
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information
I am a:*

Member #

Guest of... (if applicable)
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information
I am a:*

Member #

Guest of... (if applicable)
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information
I am a:*

Member #

Guest of... (if applicable)
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information
I am a:*

Member #

Guest of... (if applicable)
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information
I am a:*

Member #

Guest of... (if applicable)
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information
I am a:*

Member #

Guest of... (if applicable)
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information
I am a:*

Member #

Guest of... (if applicable)
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and updates by e-mail.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information
I am a:*

Member #

Guest of... (if applicable)
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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