RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
In consideration of the undersigned Participant (as defined below) being allowed to use the facilities of Trump National Doral Miami (the “Resort”), including the Trump Golf Academy, during participation in our golf programs—which activities include, but are not limited to: golf driving range, golf course, fitness center, and any other activity at the Resort (collectively, the “Activities”)—I, the undersigned parent or legal guardian (“Parent/Legal Guardian”), on behalf of my ward or minor child (“Participant”), hereby enter into this Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement with the Resort and expressly agree as follows:
1. Elective Participation
I acknowledge that the Participant's participation in the Activities is entirely voluntary and is not required by the Resort.
2. Informed Consent
I have been informed of, and fully understand, the various aspects and risks of the Activities, and I voluntarily assume all such risks. I understand that, as a Participant in the Activities, Participant may sustain serious personal injuries, illness, property damage, or even death as a result of not only the actions, inactions, or negligence of the Resort, but also the actions, inactions, or negligence of others; conditions of equipment used; and other risks not known to me or not reasonably foreseeable at this time. I further understand and agree that any injury, illness, property damage, disability, or death that Participant may sustain by any means is my sole responsibility.
3. Release and Waiver of Liability
I, on behalf of myself and the Participant, and our personal representatives, heirs, executors, administrators, agents, and assigns, HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Trump National Doral Miami, Trump Miami Resort Management LLC, Trump Endeavor 12 LLC, and any of their respective directors, officers, employees, owners, parents, trustees, subsidiaries, affiliates, related entities, and agents (collectively, “Releasees”), from any and all liability, including claims, demands, causes of action (known or unknown), suits, or judgments of any kind (including attorneys’ fees), arising from any injury, property damage, or death that Participant may suffer as a result of participation in the Activities, REGARDLESS OF WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
4. Assumption of Risk
I understand there are inherent dangers in the Activities, some of which may be dangerous and could expose Participant to the risk of serious personal injury, property damage, or death. I KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, both known and unknown, even if arising from the negligence of the Releasees, and accept full responsibility for Participant’s participation.
5. Indemnity
I, on behalf of myself and Participant, and our personal representatives, heirs, executors, administrators, agents, and assigns, agree to hold harmless, defend, and indemnify the Releasees from any and all liability, including claims, demands, causes of action (known or unknown), suits, or judgments of any kind (including attorneys’ fees), arising from any injury, property damage, or death that Participant may suffer as a result of participation in the Activities, REGARDLESS OF WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
6. Choice of Law / Severability
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and is intended to be as broad and inclusive as permitted by such law. If any portion of this Agreement is found to be invalid, the remaining provisions shall remain in full force and effect.
7. Health and Safety
I am aware of all applicable medical needs of the Participant and am unaware of any health-related reasons or problems that would preclude or restrict the Participant's participation in the Activities. I agree to disclose to the Resort any physical, emotional, or other conditions that could affect the Participant's ability to safely participate in the Activities without creating risk to themselves or others. I have arranged, through insurance or otherwise, to meet any and all needs for payment of medical costs while the Participant participates in the Activities. I understand that the Resort is not obligated to attend to the Participant's medical needs during the Activities and I assume all risks and responsibility for such needs. If medical treatment or hospital care is required, I agree that the Resort is not responsible for the cost or quality of such treatment or care. I further agree to pay all expenses related thereto and release the Resort from any liability for actions taken regarding Participant’s health and safety.
ACKNOWLEDGMENT AND AGREEMENT
I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I AM AWARE THAT IT INCLUDES A RELEASE AND WAIVER OF LIABILITY, AN ASSUMPTION OF RISK, AND AN AGREEMENT TO INDEMNIFY THE RELEASES. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
PARTICIPANT Name: ___________________________________Parent/Guardian Name: ________________________________Parent/Guardian Signature: ______________________________*