Authorization, Release, Waiver & Indemnity Agreement

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In consideration of me and/or the minor child(ren) identified below being able to participate in all activities conducted in  full or in part by VISTA Gardens (hereinafter, the “Activities”) and enter upon and use all facilities and/or equipment  made available by VISTA Gardens (hereinafter, the “Facilities and Equipment”). I agree to the following: 

 

(1) I hereby acknowledge that the Facilities include a beehive and that those bees and many other varieties of bees and  stinging insects visit and/or inhabit the Facilities along with a variety of plants and other wildlife that may be dangerous and  involve the risk of serious injury and/or death and/or property damage, which may be caused by the action, inaction or  negligence of the participant or the action, inaction or negligence of others including VISTA Gardens. Nonetheless, I, for  myself and/or on behalf of my minor child(ren), assume full responsibility for and risk of all bodily injury, death, or property  damage sustained while I or my child(ren) participate(s) in the Activities or use of the Facilities and Equipment (such as  garden tools, lawn mowers, wheelbarrows, rakes, shovels, pitchforks, picks, saws, clippers and the like). 

 

(2) I acknowledge that such “Activities” include, but are not limited to, the following activities and use of the Facility and  Equipment associated with such actions, such as, removing sod, digging ditches, transplanting, transferring mulch, pulling  weeds, clipping/trimming/sawing limbs and plants, moving heavy objects and full wheelbarrows, watering, greenhouse  work, basic woodworking, moving and turning compost, lawn mowing and trimming, as well as exposure to common  insects or reptiles, and exposure to the elements (hot and prolonged sun exposure, humidity, rain). I agree that if I feel  physically incapable or otherwise unable/unwilling to perform any of the Activities that I will alert VISTA Gardens before  engaging in such actions. I take the responsibility to alert VISTA Gardens with what Activities I, and/or my children, are able  to do. 

 

(3) I hereby agree, personally and/or on behalf of my minor child(ren), that participation in the Activities and use of the  Facilities and Equipment is only granted by VISTA Gardens because of its understanding that in the event of injury to me or  my child(ren), or damage or loss of property, that any insurance policy held by me or for my child(ren) which covers such a  loss shall be the primary source of any recovery. 

 

(4) I hereby acknowledge that participation in the Activities and/or using the Facility or Equipment may be dangerous and  involve the risk of serious injury and/or death and/or property damage, which may be caused by the action, inaction or  negligence of the participant or the action, inaction or negligence of others including VISTA Gardens. Nonetheless, I, for  myself and on behalf of my minor child(ren), assume full responsibility for and risk of all bodily injury, death, or property  damage sustained while I or my child(ren) participate(s) in the Activities or use of the Facility and Equipment. 

 

(5) I, personally and on behalf of my heirs, personal representatives, executors and assigns, and/or on behalf of my child(ren)  and my Child(ren)’s heirs, personal representatives, executors and assigns, HEREBY RELEASE, ABSOLVE, DISCHARGE AND  COVENANT NOT TO SUE VISTA Gardens, its officers, employees, and agents, individually or in an official capacity for VISTA  Gardens or Hillsborough County from all liabilities, claims, demands, actions, damages, costs or expenses which I or my  child(ren) may have against VISTA Gardens arising out of or in any way connected to my or my child(ren)’s participation in  the Activities, or use of the Facilities and Equipment, including my travel to or from any such activity or facilities, and for  bodily injury, death or property damage suffered by me or my child(ren) before, during, or after said activities. I  UNDERSTAND THAT THIS RELEASE AND WAIVER INCLUDES ANY CLAIM OR ACTION BASED ON NEGLIGENCE, ACTION, OR  INACTION OF VISTA Gardens. 

 

(6) I will defend, hold harmless and indemnify VISTA Gardens, its officers, employees and agents, from and against all liability, loss, claims, damages, costs, attorneys’ fees and expenses of whatever kind or nature which VISTA Gardens, its officers,  employees, and agents may sustain, suffer, or incur, or be required to pay by reason of permitting me or my child(ren) to  participate in the Activities and/or use of the Facilities and Equipment, even if allowing me or my child(ren) to do so is later  found to be wrongful or negligent. 

 

(7) I expressly agree that the foregoing release and waiver of liability and indemnity is intended to be as broad and inclusive as  is permitted by the laws of the state of Florida or other State where a claim or action may be instituted and that if any  portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.