RELEASE OF LIABILITY
READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of Fishing events/tournaments/charters and any other events hosted by Chix Adventures, LLC organized by Chix Adventures, LLC dba Fishin’ Chix, of PO Box 321, Pensacola, Florida, 32591 and/or use of the property, facilities and services of Chix Adventures, LLC dba Fishin’ Chix, I agree for myself and (if applicable) for the members of my family, to the following:
AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Chix Adventures, LLC dba Fishin’ Chix, or the employees, representatives or agents of Chix Adventures, LLC dba Fishin’ Chix.
ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent 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 Chix Adventures, LLC dba Fishin’ Chix for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of Chix Adventures, LLC dba Fishin’ Chix, whether caused by the fault of myself, my family, Chix Adventures, LLC dba Fishin’ Chix or other third parties.
INDEMNIFICATION. I agree to indemnify and defend Chix Adventures, LLC dba Fishin’ Chix against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of Chix Adventures, LLC dba Fishin’ Chix.
FEES. I agree to pay for all damages to the facilities of Chix Adventures, LLC dba Fishin’ Chix caused by any negligent, reckless, or willful actions by me or my family.
CONSENT. I, consent to the participation of my, in the activity of Fishing events/tournaments/charters and any other events hosted by Chix Adventures, LLC, and agree on behalf of the above minor to all of the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of..
MEDICAL AUTHORIZATION. In the event of an injury to the above minor during the above-described activities, I give my permission to Chix Adventures, LLC dba Fishin’ Chix or to the employees, representatives or agents of Chix Adventures, LLC dba Fishin’ Chix to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on and will remain in effect until terminated in writing by the undersigned or when the above-described activities are completed. Chix Adventures, LLC dba Fishin’ Chix shall have the following powers:
The power to seek appropriate medical treatment or attention on behalf of my child as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;
The power to authorize medical treatment or medical procedures in an emergency situation; and The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.
APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Florida law.
NO DURESS. 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. I further agree and acknowledge that Chix Adventures, LLC dba Fishin’ Chix has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s 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 party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
ENFORCEABILITY. The invalidity or unenforceability of any provision of this 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 invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
EMERGENCY CONTACT. In case of an emergency, please call (Relationship: ) at (Day), or (Evening).
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
NOTICE TO THE MINOR CHILD’S NATURAL 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 RELEASEE 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 RELEASEE 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 RELEASEE HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
SECURITY POLICY: “Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.” (Etc.)
REFUND POLICY: “We offer 30 Money Back Guarantee on almost every product we offer. Please call customer service at 850-208-2950, in advance to obtain an RMA number (Return Merchandise Authorization) within 30 days of purchase date.” Note – It could be that all sales are final or No Refunds. “Please be assured that your items will ship out within two days of purchase. We determine the most efficient shipping carrier for your order.
The carriers that may be used are:
U.S. Postal Service (USPS), United Parcel Service (UPS) or FedEx.
We cannot ship to P.O. Boxes. If you’re trying to estimate when a package will be delivered, please note the following: Credit card authorization and verification must be received prior to processing. Federal Express and UPS deliveries occur Monday through Friday, excluding holidays.
If you require express or 2 day shipping, please call us at 850-208-2950 for charges.
SHIPPING AND HANDLING COSTS: 1 item (boots not included) $9 2 or more items, including boots $15 PLEASE NOTE: Out of state orders WILL NOT be charged sales tax. In state orders will be charged 7.8% sales tax
I grant permission to Chix Adventures LLC, DBA Fishin’ Chix its subsidiaries and its agents, to use any photographs, videos or other images taken of me during my participation in any Fishin’ Chix or Chix Adventures events, in any company publications such as, but not limited to, newsletters, news releases, magazines and brochures, and to use such photographs, videos or other images in electronic versions of the same publications or on company websites or other electronic form or media, without notifying me. I at this moment waive any right to inspect or approve the finished photographs or printed or electronic matter that may be used in conjunction with them now or in the future, whether that use is known or unknown to me. I also waive any right to royalties or other compensation arising from or related to the use of these photographs, images or videos.
I hereby agree to release, defend and hold harmless Chix Adventures LLC, DBA Fishin’ Chix and its agents or authorized photographers, including any firm publishing and/or distributing the finished product in whole or in part, whether on paper or via electronic media, from and against any claims, damages or liability arising from or related to the use of the photographs, including but not limited to any misuse, distortion, blurring, alteration, optical illusion or use in composite form, either intentionally or otherwise, that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution. I have read this release before signing below, and I fully understand the contents, meaning, and impact of this release. I understand that I am free to address any specific questions regarding this release by submitting those questions I agree that my failure to do so will be interpreted as a free.