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A copy of the signed form will be emailed to Frogman Outdoors.
In exchange for participation in the activity of fishing and outdoor activities organized by Frogman Outdoors (“FMO”), of PO Box 540593, Merritt Island, Florida, 32954, and/or use of the property, facilities and service of FMO, I agree for myself and (if applicable) for the members of my family, to the following.
- I agree to observe and obey all rules and warnings, and further agree to follow any oral instructions or directions given by FMO, or the employees, representatives or agents of FMO.
- I recognize that there are certain risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge FMO for injury, loss or damage arising out of my or my families use of or presence upon the facilities of FMO, whether caused by the fault of myself, my family, FMO or other third parties.
- I agree to indemnify and defend FMO against all claims, causes of action, damages, judgment’s, costs or expenses, including attorney’s fees and other litigation costs, which my in any way arise from my or my family’s use of or presence upon the facilities of FMO.
- I agree to pay for all damages to the facilities of FMO caused by my or my family’s negligent, reckless, or willful actions.
- Any legal or equitable claim that may arise from participation in the above shall be resolved under Florida law.
- I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire.
- This agreement and each of its terms are the product of an arms’ length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular parts based on their status as the drafter of a specific term, language, or provision rising to such ambiguity.
- The invalidity or unenforceability of any provision of the agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be, and such valid or unenforceable provision shall be deemed no to be part of this agreement.
- Any Controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator( s) may be entered in any court having jurisdiction thereof.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS