Fulgurites of the Lake Wales Ridge Sand Pits - April 1, 2023
Field TripRelease and Indemnity AgreementThe Southeastern Geological Society
I, in consideration of the receipt by me of permission from the Southeastern Geological Society and Clay Cut, LLC (hereinafter “Hosts”) to participate in a Field Trip entitled Fulgurites of the Lake Wales Ridge Sand Pits to be conducted on April 1, 2023, and sponsored by Hosts, the receipt of such permission being hereby acknowledged, and being fully aware that the Field Trip may involve hazardous and/or dangerous activities, and/or be in a location in and/or around other hazardous and dangerous conditions, and recognizing and accepting the risks, known and unknown, involved in a Field Trip, hereby release and will indemnify, defend and hold harmless Hosts agents, Hosts officers, Hosts volunteers, and the leader or leaders of the Field Trip (collectively referred to as “Indemnitees”) of and from any and all liabilities, claims, demands, actions, and causes of action whatsoever arising out of or relating to any loss, damage, illness, or injury, including death, as may be sustained by me, and to any loss, damage, or injury to any property of mine, while involved in any way with the Field Trip, including without limitation traveling to and from the site or sites of the Field Trip (whether by air, water, or land transportation) and at and during all stops and layovers during the Field Trip.
This release and indemnity includes without limitation liabilities, claims, demands, actions, and causes of action to or by third parties as well as to or by me. This release and indemnity includes without limitation liabilities, claims, demands, actions, and causes of action arising out of or relating to any loss, damage, or injury caused in any way by the concurrent or contributory negligence of any indemnitee. This release and indemnity includes without limitation liabilities, claims, demands, actions, and causes of action arising out of or relating to any loss, damage, or injury caused in any way by the sole negligence of any indemnitee. Having made all inquiries deemed by me to be appropriate, I hereby voluntarily assume all risks of loss, damage, or injury, including death, as may be sustained by me or any property of mine while involved in any way with the Field Trip.
Assumption of Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel Coronavirus/COVID-19, has been declared a worldwide pandemic by the World Health Organization. Coronavirus/COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. Federal authorities and the State of Florida recommend social distancing to prevent the spread of Coronavirus/COVID-19. Although the Hosts have undertaken reasonable steps to lessen the risk of transmission of Coronavirus/COVID-19, the Hosts are not responsible in any manner for any risks related to Coronavirus/COVID-19 in connection with the Field Trip.
I am fully aware that participation in the Field Trip (including any related travel) carries with it certain inherent risks related to Coronavirus/COVID-19 transmission (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to: 1) the risk of coming into close contact with individuals or objects that may be carrying Coronavirus/COVID-19; 2) the risk of transmitting or contracting Coronavirus/COVID-19 directly or indirectly, to or from other individuals; and 3) injuries and short and long term complications ranging in severity from minor to catastrophic, including death. Furthermore, I understand that the risks of Coronavirus/COVID-19 are not fully understood and that contact and/or transmission of Coronavirus/COVID-19 may result in risks, including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable and all of which are considered Inherent Risks.
THE HOSTS CANNOT GUARANTEE THAT YOU OR YOUR MINOR CHILDREN WILL BE SAFE FROM CORONAVIRUS/COVID-19 OR ANY OTHER AIRBORNE ILLNESSES.
In the event the release by me of any indemnitee of any liability, claim, demand, action, or cause of action described herein is determined to be invalid or unenforceable, I agree that my total recovery of damages from the Indemnitees, or any of them, both actual and punitive, shall be limited to $100.00 or the cost of admission to the Field Trip, whichever is less.
Execution of this release and indemnification agreement constitutes agreement that photographs or recordings (“images”) of field trip and/or associated meeting activities may be published in Hosts newsletters, publications, and websites without credit or compensation to the photographer and without compensation, credit, or further approval of field trip/meeting participants. I further understand that I may be identified by name via print, visual and electronic media followed by images of me and further understand that even if said images are not followed by my name, it is possible that I may be identified by a third-party.
In the event any provision of this Release and Indemnity Agreement is determined to be invalid or unenforceable, all other provisions hereof shall continue to be enforceable and shall be interpreted as though said invalid provision had never been contained herein.
This release shall be binding upon my distributees, heirs, next of kin, executors, administrators, and personal representatives.
NOTICE TO THE MINOR CHILD’SNATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE SOUTHEASTERN GEOLOGICAL SOCIETY AND THEIR AFFILIATES USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE SOUTHEASTERN GEOLOGICAL SOCIETY AND THEIR AFFILIATES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE SOUTHEASTERN GEOLOGICAL SOCIETY AND THEIR AFFILIATES HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
IN SIGNING THIS RELEASE AND INDEMNITY AGREEMENT, I HEREBY ACKNOWLEDGE AND REPRESENT THAT I HAVE READ THE FOREGOING RELEASE AND INDEMNITY AGREEMENT, UNDERSTAND IT, AND I HAVE SIGNED IT VOLUNTARILY. I UNDERSTAND AND AGREE THAT I WOULD NOT BE ALLOWED TO PARTICIPATE IN THE FIELD TRIP IF THIS RELEASE AND INDEMNITY AGREEMENT WERE NOT SIGNED AND AGREED TO BY ME, AND THAT THE AGREEMENT BY ME TO THE TERMS AND CONDITIONS OF THIS RELEASE AND INDEMNITY AGREEMENT IS AN ESSENTIAL PART OF THE CONSIDERATION FROM ME FOR ME TO BE ALLOWED TO PARTICIPATE IN THE FIELD TRIP.
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Document Name: Fulgurites of the Lake Wales Ridge Sand Pits - April 1, 2023
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