WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF my desire to participate in in CALM KID SOLUTIONS LLC strategies (hereinafter the "Activity");and being given the right to participate in same;
1. I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I", “my”, or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
2. I HEREBY release and forever discharge CALM KID SOLUTIONS LLC, located in Palm Harbor, Florida their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
3. I certify that I am over the age of 18 and I am voluntarily participating in the aforementioned activity, and I am participating in the activity entirely at my own risk. I am aware of the risks associated with participating in this activity, which may include but are not limited to: physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others’ negligence. Nonetheless, I assume all related risks, both known and unknown to me, of my participation in this activity.
4. I FURTHER AGREE to indemnify, defend, and hold harmless the Releasees against any and all claims, suits, or actions of any kind brought by me or anyone on my behalf for liability, damages (including but limited to personal injury or property damage), compensation, or otherwise, and to cover any related attorney's fees and costs.
5. I FURTHER ACKNOWLEDGE that 911 will be called in the event of any emergency. The Releasees cannot be held responsible for any emergency intervention including but not limited to: contacting 911, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
6. I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE RELEASEES FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I MAY HAVE TO BRING A LEGAL ACTION AGAINST RELEASEES FOR LIABILITY, DAMAGES (INCLUDING BUT LIMITED TO PERSONAL INJURY OR PROPERTY DAMAGE), COMPENSATION, OR OTHERWISE.
7. To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Calm Kid Solutions LLC, Andrea F Schutz and Victoria L Stevenson, its agents, and employees.
8. This Release shall be governed for all purposes by Florida law, without regard to any conflict of law principles.
9. This Release supersedes any and all previous oral or written promises or other agreements.
10. In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's use of Calm Kid Solutions LLC’s strategies, I acknowledge and agree to be held liable for any and all costs associated with any such actions or events.
11. THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE CALM KID SOLUTIONS LLC’S STRATEGIES, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION, AND FOR ANY TIME THEREAFTER IN WHICH I CONTINUE TO USE CALM KID SOLUTIONS LLC’S STRATEGIES