This document is a waiver and release of claims form for participants in an obstacle course event at Omega Ranch. It requires participants to initial lines acknowledging that the event involves hazardous activities like electric shock and steep hills. It releases the ranch and event organizers from liability for injury and requires consent to emergency medical care. It also releases the use of photographs and video of participants and waives any right to a refund if the event is cancelled.
1. Omega Ranch Waiver and Release of Claims, Assumption of Risk and Warning of Risk
Please initial on each line after reading
1. ____, I understand that entering this event and any activity is a hazardous activity. 2. ____, I understand that this event presents extreme
obstacles including, but not limited to, electric shock, fire, mud pits and steep hills. 3. ____, I agree not to participate unless I am medically able. 4.
____ I agree to not consume alcohol prior to This event or ingest any medicines or substances that will inhibit my mental or physical ability to safely
and effectively participate in this event. 5. ____, I agree to abide by any decision of a race official relative to my ability to safely complete the race.
6. ____, I agree to obey all civil and criminal laws at all times. 7. ____, I assume all risks associated with competing in the event, including but not
limited to falls, contact with other participants, negligent or wanton acts of other participants, completing all obstacles, defects or condition of
premises, the effects of the weather, including high heat and/or humidity, all such risks being known and appreciated by me. 8. _____, I agree that
the promoters and the company and its affiliates are not responsible for any personal items or property that are lost or stolen in the gear check area.
9. _____, I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as medical professionals
may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation
provided in the event of an emergency. 10. _____, I understand and will abide by the rule that no wheeled baby conveyances or other wheeled
means of conveyance, or pets are permitted in the race. 11. _____, I grant permission to the Company and ranch owners, its affiliates, sponsors, and
assigns to use any photographs, motion pictures, recordings or any other record of this event for any purpose including but not limited to
promoting, advertising and marketing purposes. Any and all photographs, motion pictures, recordings or other records of the event are the sole
property of the Company. 12. ____, I understand that all entries are final with no refunds. 13. ____, The official race directors reserve the right in
any event of emergency or local or national disaster to cancel the race and in the event of cancellation or change there is no refund of entry fees.
14. ____, Participants are expected to exhibit appropriate behavior at all times, including obeying all laws. This includes respect for all people,
equipment, and facilities, and cooperative, positive participation. Omega Ranch may dismiss, without refund, anyone whose behavior endangers
safety or negatively endangers safety or negatively affects a race, a person, a facility, or property of any type or kind. I also agree to indemnify
Omega Ranch, its affiliates and assigns, from any and all third party claims caused in whole or in part by my actions. 15.____, (please check
one) ____I am at least 18 years old or, ____ my Parent/Guardian has reviewed this waiver and consented to its terms. PARTICIPANT
THIS PARTICIPANT REGISTRATION FORM AND RELEASE (“Release”) is made as of the date written below by the undersigned adult or minor Participant
under the age of 18 years (“Participant”) and his/her parent or legal guardian (“Guardian”) in favor of The owner(s) of the property and following companies and the other
Released Parties (as defined below): VOLUSIA 44 PROPERTIES, LLC, Omega Ranch Hunt Club, Inc., Abba Services, LLC, Kids 4 the lord, LLC and its affiliates and
representatives, (referred to as the “Company”). In consideration of the Company’s consent to the entry of Participant into its camp in Volusia County, Florida (the “Camp”)
(the term “Camp” hereinafter shall include all adjacent areas, all lands owned by the “Company” and all the parking lots of the Camp), which is a hunt camp, event facility and
retreat for youth groups and which offers many activities (the “Activities”) which may subject the Participants to risk of personal injury and/or damages to property; and for
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Participant hereby acknowledges and agrees as follows:
1.1. Indemnification and Release. Indemnification by Participant and Parent. Participant and Parent, for himself/herself, his/her personal
representatives, heirs, next of kin, spouse and assignees, hereby agrees to defend, indemnify and hold harmless the Company, and its respective partners, shareholders, directors,
officers, employees, agents, contractors, subsidiaries, affiliates, attorneys, successors and assigns (collectively, the “Released Parties”) from and against any and all claims,
demands, actions, suits, causes of action, costs, expenses, damages, judgments, fines, penalties, losses and liabilities of whatever kind or nature, in law, equity or otherwise,
whether direct or indirect, known or unknown, matured or not matured, including, without limitation, for ordinary negligence on the part of any of the Released Parties, for
contribution or indemnity, arising from or relating to in any way to: (i) the Participants or the Group at the Camp; (ii) bodily injury, death or any damage to real or personal
property sustained by any Participant at the Camp; or (iii) the breach of any representation, warranty or covenant contained in this Release or any Participant Release (hereinafter
defined) (collectively, the “Claims”).
1.2. Release by Participant and Parent. Participant and Parent, for himself/herself, his/her personal representatives, heirs, next of kin, spouse and
assignees, hereby agrees to release, discharge and covenants not to sue the Released Parties for any Claims, and knowingly and voluntarily waives any right he/she ever had,
now has, or hereafter can, shall, or may have, or that any personal representatives, heirs, next of kin, spouse and assignees hereafter can, shall, or may have, directly or indirectly,
against any or all of the Released Parties for any Claims. Participant further hereby forever remises, releases, discharges and holds harmless the Released Parties from all
Claims, and knowingly and voluntarily agrees to assume all risks and responsibility for all Claims.
1.3. Reimbursement by Participant and Parent. Participant and Parent, jointly and severally, shall be responsible for and promptly reimburse the
Company or any other of the Released Parties for any loss of or damage to real or personal property incurred by the Company or any of the Released Parties which results from
any negligent act or omission of Participant while on or at the Camp.
2. Compliance with Laws; Behavior at Camp. Participant shall abide by all rules and regulations of the Released Parties, and all local, state and federal laws,
rules and regulations applicable to the Activities and the Camp, and behave in a professional and courteous manner at all times while at the Camp. While at the Camp,
Participant shall not consume or possess alcoholic beverages (unless for the authorized purpose of serving alcohol to patrons) or drugs, appear under the influence of alcohol or
drugs, engage in obscene or vulgar language or expression or disruptive or unlawful behavior, or wear inappropriate attire. The Participant acknowledges that the Company
reserves the right to ban or evict any group or participants, including the Group and Participants, from the Camp at its sole discretion.
3. Consent to Use of Likeness. Participant and Parent hereby consent to the use of his/her likeness taken in photographs or video footage at the Camp, by the
Company for marketing purposes for the Camp.
4. Miscellaneous. In any legal proceedings between the parties arising from this Release, the Camp Activities or other activities of the Participant at the
Camp, the prevailing party shall be entitled to recover from the other party its costs and reasonable attorneys’ fees. This instrument shall be governed by the laws of the State of
Florida, and venue for any legal proceedings arising out of this Release or related hereto shall exclusively lie in Orange County, Florida. The terms of this Release shall be
binding upon and inure to the benefit of the parties’ personal representatives, heirs, successors and permitted assigns. If any provision of this Release shall be invalid or
unenforceable to any extent, the remainder of this Release shall not be affected and each remaining provision shall be valid and enforceable to the fullest extent permitted by law.
This instrument will not be more strictly construed against the party preparing it but will be construed as if both parties prepared it. PARTICIPANT AND PARENT
KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT PARTICIPANT OR PARENT MAY HAVE TO A TRIAL BY JURY WITH
RESPECT TO ANY LITIGATION ARISING FROM THIS RELEASE. PARTICIPANT AND PARENT HEREBY ACKNOWLEDGE, CERTIFY AND DECLARE,
UNDER PENALTIES OF PERJURY, THAT PARENT IS THE TRUE PARENT OR LEGAL GUARDIAN OF PARTICIPANT, THAT EACH HAS CAREFULLY
READ THIS RELEASE AND FULLY UNDERSTANDS ITS TERMS, INCLUDING THAT IT IS A RELEASE OF ALL CLAIMS OF PARTICIPANT AND
PARENT AGAINST THE RELEASED PARTIES, AND THAT EACH HAS KNOWINGLY, WILLINGLY AND VOLUNTARILY SIGNED AND DELIVERED
THIS RELEASE EVIDENCING THE ACCEPTANCE BY PARTICIPANT AND PARENT OF ALL THE PROVISIONS OF THIS RELEASE, AND THAT
PARENT HAS FULL LEGAL CAPACITY & AUTHORITY TO GRANT THIS RELEASE. IN WITNESS WHEREOF, Participant/Parent have each signed
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Date Minor Sign Name Minor Print Name Guardian or Adult Participant Sign
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Print Guardian or participant Name DL # (staff confirm #) Cell # Email