RELEASE AND WAIVER OF LIABILITY
This Participant Release and Waiver of Liability (the “Release”) executed by the undersigned (“Participant”) releases Space Coast Birding and Wildlife Association (“SCBWA”), a nonprofit corporation organized and existing under the laws of the State of Florida, and each of its directors, officers, employees and agents. The Participant desires to participate in the Space Coast Birding and Wildlife Festival. The Participant understands that she/he is responsible for her/his own insurance coverage in the event of personal injury or illness as a result of participation in the Activity.
1. Waiver and Release: I, the Participant, for myself and my estate, heirs, administrators, executors, and assigns, release and forever discharge and hold harmless SCBWA and its successors and assigns from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from my participation in the Activity. I understand and acknowledge that this Release discharges SCBWA from any liability or claim that I may have against SCBWA with respect to bodily injury, personal injury, illness, death, or property damage that may result from my participation.
2. Insurance: Further, I understand that SCBWA does not assume any responsibility for or obligation to provide me with financial or other assistance, including but not limited to medical, health, or disability benefits or insurance. I expressly waive any such claim for compensation or liability on the part of SCBWA beyond what may be offered freely by SCBWA in the event of injury or medical expenses incurred by me.
3. Medical Treatment: I hereby release and forever discharge SCBWA from any claim whatsoever that arises or may hereafter arise on account of first-aid treatment or other medical services rendered in connection with an emergency during my participation.
4. Assumption of Risk: I fully understand that there are potential risks and hazards associated with Activities in Florida’s natural areas, including, but not limited to, possible injury or loss of life. I further understand that while participating in the Activity, I may be visiting undeveloped locations and interacting with persons who are not associated with or under the control or supervision of SCBWA. Despite the potential risks and hazards associated with the Activity, I wish to proceed, and freely accept and assume all risks and hazards that may arise from my participation in the Activity and that could result in loss, illness, personal injury, death, or property damage to me or to my property, WHETHER CAUSED BY THE NEGLIGENCE OF SCBWA or otherwise.
5. Photographic Release: I grant and convey to SCBWA all rights, title, and interests in any and all photographs, images, video, or audio recordings of me or my likeness or voice made in connection with my participation in SCBWA Activities.
6. COVID-19 and Other Health Safety Risks: SCBWA will follow prevailing health safety and other emergency guidelines and requirements to safely conduct its Activities. As a participant, I expressly agree to comply with SCBWA guidelines and requirements applicable to the Activity.
7. Other: As a participant, I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Florida and that this Release shall be governed by and interpreted in accordance with the laws of the State of Florida. I agree that should any clause or provision of this Release be deemed invalid, the enforceability of the remaining provisions of this Release shall not be affected.
