PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Amelia Island Golf Carts LLC their agents, owners, officers, volunteers, personnel, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "AIGC"), I hereby agree to release, indemnify, and discharge AIGC, 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 golf cart activities 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: Slip and falls; collisions with fixed objects, other individuals, vehicles or other golf carts; exposure to the elements, which may result in sunburn, dehydration, heat exhaustion, heat stroke, or heat cramps; equipment failure or operator error; falls from the cart; the negligence of other vehicle operators or myself; exposure to transmissible pathogens or diseases; adverse weather conditions; and risks associated with my own physical condition. I understand that participation may result in serious injuries, including, but not limited to, sprains, strains, scratches, bruises, abrasions, cuts, lacerations, broken bones, fractures, nerve damage, musculoskeletal injuries, including injuries to the head, neck, and back, injuries to internal organs, loss of fingers or other appendages, muscular strains and tears, and other major or catastrophic injuries.
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. Additionally, I agree to wear my seat belt while participating in this activity.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless AIGC 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 AIGC's equipment or facilities, including any such claims which allege negligent acts or omissions of AIGC.
4. Should AIGC 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 AIGC, 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 AIGC 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 AIGC. 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.
