WAIVER AND RELEASE OF LIABILITY Have you completed a Waiver for 2020?*YesNoUpdates have been made: Surfers for Autism made updates to our Waiver & Release of Liability form. Therefore, if you have a waiver on file from last year, you still need to complete a new waiver for 2020.Please Complete the WaiverIn consideration of the risk of injury while participating in any activity hosted by Surfers for Autism hereinafter (the "Activity"), and as consideration for the right to participate in the Activity, I, hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Surfers for Autism II, Inc, dba Surfers for Autism, located at 2201 SE Indian St, Suite H16, Stuart, Florida 34997, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. I UNDERSTAND THAT SURFER’S FOR AUTISM AND ITS EMPLOYEES, AGENTS AND VOLUNTEERS MAY ACT NEGLIGENTLY IN THE PERFORMANCE OF THEIR DUTIES CARRYING OUT THE EVENTS (INCLUDING BUT NOT LIMITED DRIVING VEHICLES, ALL TERRAIN VEHICLES (4 WHEEL ATV), SURFING, SWIMMING AND ENSURING CHILDREN ARE 100% SAFE). I UNDERSTAND THAT I AM VOLUNTARILY PARTICIPATING IN THIS EVENT AS A PARTICIPANT OR VOLUNTEER AND I AM WAIVING ALL CLAIMS FOR ANY INJURY, DISABILITY OR DEATH RELATED TO THE NEGLIGENCE OF ANY EMPLOYEE, AGENT OR VOLUNTEER THAT TAKES PLACE EITHER BEFORE, DURING OR AFTER A SURFER’S FOR AUTISM EVENT. I AGREE THAT ANY LAWSUIT THAT IS FILED ARISING OUT OF OR IN ANY WAY RELATED TO MY PARTICIPATION WITH SURFER’S FOR AUTISM SHALL BE FILED IN THE NINETEENTH JUDICIAL CIRCUIT COURT IN AND FOR MARTIN COUNTY, FLORIDA. I AGREE TO WAIVE THE FLORIDA RULES OF PROCEDURE AND FLORIDA STATUTORY VENUE AND JURISDICTION RULES AND I AGREE TO COMPLETE JURISDICTION IN MARTIN COUNTY FOR ANY LAWSUIT. I agree to indemnify and hold harmless Surfers for Autism as well as all of its employees, agents, assignees and volunteers against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Surfers for Autism incurs any of these types of expenses, I agree to reimburse Surfers for Autism. I acknowledge that Surfers for Autism and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Surfers for Autism. I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Surfers for Autism AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST SURFERS FOR AUTISM FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Surfers for Autism, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and Surfers for Autism agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. WAIVER FOR MINORS In the event that the participant is under the age of consent (18 years of age), then this release must be signed by a parent or guardian, as follows: I hereby certify that I am the parent or guardian of the participant(s) named below, and do hereby give my consent without reservation to the foregoing on behalf of this individual.Would you like to add a Minor?YesNoMinors*First NameLast NameDate of Birth Use the Plus button next to the birthday field to add more than one minor.WAIVER FOR ADULTS AND MINORS Adult participants as well as Parents/Guardians of Minor participants should complete and sign this section. I, the undersigned parent or legal guardian of the minor child listed below, fully understand that I am signing this agreement and waiving any and all claims that the minor child listed below has or will incur for his or her participation arising out of Surfer’s For Autism activities. I agree that that foregoing release is equally applicable in all of its terms and conditions to myself as the parent or legal guardian and the minor child listed below. Further, I agree and understand that my electronic signature has full force and effect and is the same as my regular signature.Name of Parent First Last Date* Date Format: MM slash DD slash YYYY Email* Enter Email Confirm Email Name of Child First Last Signature*CommentsThis field is for validation purposes and should be left unchanged. This iframe contains the logic required to handle Ajax powered Gravity Forms.