Citrus Pear Waiver and Release of Liability, _______________________ (the “Participant” or “I”), desire to participate and engage in the activities offered by Citrus Pear, LLC (the “Company”). I understand that the Activities may include, but are not limited to, participating in cooking classes, food preparation, and dietetic consulting (the “Activities”).
In contemplation of the risk of injury while participating in the Activities, and as consideration for the right to participate in the Activities, 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 Activities, and do hereby release and forever discharge the Company, located at, STORE ADDRESS, 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 result of my participation in the aforementioned Activities.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVIES AND I AM PARTICIPATING IN THE ACTIVITIES ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH RECEIVING NUTRITION COUNSELING, PRACTICING FOOD SAFETY, FOOD PREPARATION, AND THE OTHER ACTIVITIES, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY, ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THIS RELEASE DISCHARGES THE COMPANY FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST THE COMPANY WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH,PROPERTY DAMAGE, OR ECONOMIC/EMOTIONAL LOSS THAT MAY RESULT FROM THE ACTIVITIES, WHETHER CAUSED BY MY OWN NEGLIGENCE OR ANY NEGLIGENCE ON THE PART OF THE COMPANY. I ASSUME ALL RELATED RISKS BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THE ACTIVITIES, INCLUDING BUT NOT LIMITED TO CONDITIONS RELATED TO TRAVEL OR THE CONDITION OF THE ACTIVITY LOCATION(S).
I hereby agree to indemnify, defend, and hold harmless the Company 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 the Company incurs any of these types of expenses, I agree to reimburse the Company for said expenses.
I acknowledge that the Company and its 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 the Company.
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 THE COMPANY 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 THE COMPANY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
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. The Participant and the Company 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 any provision of this agreement to be invalid or unenforceable, but 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.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.