Registration Waiver
Release and Waiver of Liability, Assumption of Risk, and Indemnity and Parental Consent Agreement ("Agreement")
IN CONSIDERATION of being permitted to participate in any way in the FLX Florida facility activities ("Activity") I, for myself, my personal representatives, assigns, heirs, and next of kin:
1. ACKNOWLEDGE, agree, and represent that I understand the nature of such activities and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
2. FULLY UNDERSTAND THAT: (a) FLX FLORIDA ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH ("RISKS"); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in the Activity.
3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE FLX FLORIDA, their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activity takes place (each considered one of the "RELEASEES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS, AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred as the result of such claim.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
Minor Release
AND I, THE MINOR'S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF FLX FLORIDA ACTIVITIES AND THE MINOR'S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR'S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATION, AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR'S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS, LIABILITY, DAMAGE, OR COST THEY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
Cancellation Policy
I also understand that FLX Florida does enforce a cancellation policy. You need to have at least 24 hours notification of cancellation to get a full refund on all your services. If you do not give 24 hour notice, fees will be collected for these services at full rate. You will be refunded completely if given over 24 hour notice.
Privacy Policy
FLX Florida, which uses eSoft Planner for scheduling and taking payments, is committed to protecting your privacy and ensuring you have a positive experience on our website. This policy outlines our handling practices of personal information both online and offline. If you give us personal information, we will treat it according to this policy. If you are not satisfied with our response to your privacy-related concerns, please contact us. This policy covers the eSoft Planner website and related software.
Collection of your personal information. When FLX Florida and eSoft Planner collect any personal information on our website, we will express our need for the personal data at the point of collection. Personal information is any information that can be used to identify an individual, and may include, but is not limited to, name, email address, postal or other physical address, title, occupation, and other information required to provide a service, deliver a product, or carry out a transaction you have requested. Some of the reasons we collect your personal information include:
- Submission of proposal for services
- Collaboration efforts
- Registration to membership programs or newsletter subscriptions
- To provide registered users a more personalized and meaningful experience
Uses of your personal information. We will only use your personal information in the way we specified when it was collected. We will not subsequently change the way your personal information is used without your consent. Some of the ways we may use your personal information include: to create personal profile areas and view protected content; to contact you and provide shipping and billing information; to provide customer feedback and support; to provide contests, sweepstakes, or other marketing or promotional activities; to conduct questionnaires and surveys (your completion of any questionnaire is voluntary); to support recruitment inquiries; to personalize newsletters and websites to your preferences; to allow you to forward information to another individual; and to meet contract obligations.
Accessing and updating your personal information. We need your help in keeping the personal information you have shared with us accurate and up to date. Please notify us of any changes. Our site allows you to make these updates yourself online via the user profile.
Unsubscribing. Subscriptions to some newsletters can be managed through the user profile. Each email newsletter includes instructions on how you can unsubscribe from that particular mailing.
Sharing your personal information. We do not sell or rent your personal information to third parties for marketing purposes unless you have granted us permission to do so. We may share your personal information with authorized third-party agents or contractors in order to provide a requested service or transaction, and only the minimum amount necessary. We may respond to subpoenas, court orders, or legal process by disclosing your personal information if necessary, and may act to investigate or prevent illegal activities, suspected fraud, or threats to physical safety, or as otherwise required by law.
Security of your personal information. FLX Florida and eSoft are committed to protecting the personal information you share with us. We utilize a combination of security technologies, procedures, and organizational measures to help protect your personal information from unauthorized access, use, or disclosure. When we transfer sensitive personal data (for example, credit card information) over the Internet, we protect it using Secure Sockets Layer (SSL) encryption technology. While we strive to protect your personal information, we cannot ensure the security of the information you transmit.
Cookies. The eSoftplanner.com website and software utilize cookies. Certain activities, such as e-commerce transactions, use session and persistent cookies and will not function if cookies are disabled. Third parties authorized by eSoft may use cookies, web log files, and web beacons to compile anonymous aggregate statistics.
Data retention. FLX Florida and eSoft will not retain your personal information longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.
Linked websites. Our websites may provide links to other third-party websites which are outside our control and not covered by this policy. We encourage you to review the privacy policies posted on these (and all) sites.
edit 05.01.2022
