- 1.I am above the age of eighteen (18) years, and I am the legal owner of the below named dog(s) (“Dog”). I and my Dog(s) are voluntarily participating in a special event entitled the “Pirate Pup Parade” being held on Water Street in Tampa, Florida, and which may include, without limitation, group dog-dog play and interaction, physical activity, walking in and around outdoor spaces, active sidewalks, retail and restaurant spaces, among other things (collectively, the “Activity”). In consideration of joining in the Activity and using the premises, facilities, and/or equipment, at the Water Street venue, I agree and acknowledge that:
- (a)I am fully aware that there are significant inherent risks and dangers involved with participating in physical activities, including the potential of death, injury, sickness, and/or property damage; I am voluntarily participating in the Activity during the time period of the spread of the infectious diseases otherwise known as COVID-19, and I am fully aware that the very nature of said Activity may place me at higher risk for contracting the disease; and,
- (b)I understand and agree that, even during normal dog-dog play like that contemplated in the Activity, my Dog(s) may sustain injuries in the form of scratches, punctures, torn ligaments and other injuries. I am solely responsible for any harm to my Dog resulting from my/my Dog(s)’ participation in the Activity. I further understand and agree that my Dog(s) are healthy, flea/tick free, and have current vaccinations for rabies, distemper and Bordetella. I am not enrolling any dog that has any condition that could potentially jeopardize the health of other dogs or people and my Dog(s) have not had any potentially communicable condition within 30 days prior to participating in the Activity. I further understand that even if my dog is vaccinated for Bordetella (Kennel Cough) there is a chance that the Dog(s) can still contract Kennel Cough. I will not hold any Released Party (as defined below) responsible if my Dog(s) contract Kennel Cough or other dog-dog transmitted ailments, including without limitation, Atypical Canine Infectious Respiratory Disease Complex (“CIRDC”). I understand and agree that my Dog(s) have not harmed, shown aggression, or exhibited any threatening behavior towards any person or other dogs. I further understand and agree that Activity management/staff may in its sole and absolute discretion, refuse participation to any dog demonstrating aggression or other behavior deemed unacceptable by Activity management/staff.
- (c)I accept all the risks of participating in the Activity, and I accept of risks of my Dog(s) participation in the Activity, even if the risks are created by the carelessness, negligence or gross negligence of a Released Party or anyoneelse.
- (d)I agree and acknowledge that my Dog(s) shall always remain leashed while at the Water Street venue. I understand and agree that Activity management/staff may in its sole and absolute discretion, refuse participation to any dog not leashed.
- 2.“Claims” includes but is not limited to any and all liabilities, claims, demands, legal actions, rights of actions for damages, costs, procedures, injury, personal injury, sickness, or death to myself or my Dog(s) in connection with participation in the Activity. “Released Party” means Water Street Tampa LLC, Southern Culinary & Creative, LLC, and Strategic Property Partners LLC, and all of their affiliates, direct and indirect subsidiaries, and their respective property managers, representatives, directors, officers, agents, employees and volunteerstaff.
- 3.I agree and acknowledge that: (a) I am in proper physical condition to participate in the Activity, and am aware that participation could, in some circumstances, result in physical injury, serious physical injury, sickness, or death; (b) I understand my physical limitations and am sufficiently self-aware to stop physical activity before I become ill or injured; and(c)IamawarethatiftheActivityoccursoutdoors,thestreetsadjourningtheareaof the Activity are open to regular vehicular traffic during the Activity and I will obey all traffic laws and regulations.
- 4.Ihereby,formyselfandformyheirs,nextofkin,executors,administratorsandassigns,fullyrelease, waive and forever discharge any and all rights or Claims I may have, now or in the future, against any Released Party, even if the Claims are based on the carelessness, negligence or gross negligence of a Released Party or anyone else. Without limiting the foregoing, I further release any recourses which I maynoworhereafterhaveresultingfromanydecisionofanyReleasedParty.
- 5.I agree not to sue any Released Party for Claims, even if the Claims arise from the carelessness, negligence or gross negligence of any Released Party or anyone else. I agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.
- 6.I am aware that it is advisable to consult a physician or veterinarian prior to participating in the Activity. I: (a) have no physical or medical condition which would prevent me from properly and safely participating in the Activity to include, without limitation, fever/chills, shortness of breath, loss of taste or smell, muscle pains, dry cough, sore throat, or diagnosis of COVID-19 or exposure to someone with COVID-19 within the 14 days immediately preceding the Activity; (b) have not been instructed by a physician to avoid physical activity and/or exercise; and (c) if I have consulted a physician or veterinarian, I have taken my physician’s or veterinarian’s advice.
- 7.I am aware that there is no obligation for any person to provide me with medical care during the Activity. I understand and acknowledge that: (a) there may be no aid stations available for the Activity; and(b)Ifmedicalcareisrenderedtome,IconsenttothatcareifIamunabletogivemyconsentforany reasonatthetimethecareisrendered.
- 8.I grant my permission to the Released Party and any transferee or licensee or any of them, to utilize any photographs, motion pictures, videotapes, recordings and other references or records of the Activity which may depict, record or refer to me or my Dog(s) for any purpose (“Images”), including commercial use by the released parties, their sponsors and their licensees. This permission is for use anywhere in the world and on the Internet and for an unlimited period of time. I understand and agree that I will not be compensated or receive additional consideration for consenting to the use of the Images and that I will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use the Images. I hereby release the Released Party including, without limitation, all persons who took or otherwise created, recorded or modified the Images, from any and all claims, actions, damages, interest, costs, expense and compensation of whatsoever kind and howsoever arising,whetherknownorunknown,andwhichInowhaveoratanytimehereaftercan,shallormayhave in connection with, or in any way resulting or arising from, the Images and the creation, use or disposition ofthem.
- 9.I acknowledge and agree that the Released Party shall own all right, title and interest, throughout the world, in and to the Images and any materials compromising all or any part of the Images, and that the ReleasedPartyhastheunrestrictedrighttouse,license,sell,transferorotherwisedisposeofanyorallof them, as well as the Released Party’s rights under this Release and Waiver, in any manner whatsoever and without any accountability to me. I hereby assign to the Released Party all right, title and interest, throughout the world, I may have in and to the Images and any materials comprising all or any part of the Images, including all intellectual property rights thereto. I hereby irrevocably waive any and all of my moral rights and any other irrevocable rights I may have, throughout the world, in or to the Images and anymaterialscomprisingallorpartoftheImages.
- 10.I understand that some of the information provided by me, including, but not limited to, my name, address, and date of birth (the “Information”) will be collected and used by the Released Party, and I consent to the transmission of the Information to the Released Party, its agents and/or service providers and authorize the Released Party, its agents and/or service providers to record, process and store such Information as necessary for purposes of providing and administering the Activity. Ifanyprovisionofthisagreementshallbeunlawful,voidorforanyreasonunenforceable,thenthat provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remainingprovisions.
- 11.Ihavefullyreadandunderstandthisagreement.Iamawarethatbysigningthisagreement,Iam waivingcertainlegalrightsIormyheirs,nextofkin,executors,administratorsandassignsmayhave against the ReleasedParty. This Event Release and waiver will be construed in accordance with the laws of the State of Florida. Each party irrevocably submits to the exclusive jurisdiction of the state and federal courts located in FloridawithrespecttoresolutionofdisputesarisingunderthisAgreement.
Signature:
PrintedName:
Dated://
Dog Name(s) and Breed(s): ________________________________________