Agreement
Waiver, Release of Liability and Assumption of Risk for By Brothers and all other entities listed herein
By Brothers is a family owned and operated Cuban themed Restaurant and Water Park offering food and drink stands, kid-approved activities, Corn pit, Waterslides, Inflatables, Petting Zoo, Aviary, Pony Rides, Picnic Areas, Pedal Go-Karts, Train Rides and much more!
TERMS AND CONDITIONS OF PARTICIPATION – READ CAREFULLY BEFORE SIGNING – THIS IS A MULTIPAGE FORM
In consideration of being permitted to participate in the event(s) referenced above (“Event”) and activities referenced above, or other activities conducted in conjunction therewith (“Activity”) (collectively, the “Event/Activity”), wherever the Event/Activity may occur, I hereby attest that, after reading this Waiver completely and carefully, I acknowledge that my participation in the Event/Activity is entirely voluntary, and I further understand and agree as follows:
- I understand that there is a risk of injury and/or death from the use of any of the Event/Activity offered by the park. Although rules, regulations and personal discipline reduce the risk, the risk still exists. I agree to voluntarily assume any and all risks, including injury to my person and property, which may be a related to my participation in the Event/Activity.
- I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, including those arising from and not limited to the negligence of the persons released from liability below and I assume full responsibility for me and my family participation.
- I will comply with all the Rules and Regulations, as amended (“Rules and Regulations”), and to ensure that all minors under my custody comply with the Rules and Regulations, a copy of which is attached hereto as Exhibit A. Any violation of Rules and Regulations may result, in By Brothers’ sole discretion, may require me to immediately leave the premises.
- In consideration of being permitted to participate in the activities or Event/Activity being offered by By Brothers or the Park, the undersigned, being of lawful age, on behalf of his or herself, personal representatives, legal guardians, heirs, executors, and administrators release, waive, discharge and covenant not to sue By Brothers, or any of the entities listed herein, its Directors, officers, employees, servants, agents or assistants, or their representatives, successors, assigns, heirs, personal representatives, administrators and executors.
- Indemnity/Insurance: On my own behalf and on behalf of my heirs, executors, personal representatives, administrators and assigns, I hereby agree to indemnify and hold each of the Released Parties harmless from and against any and all Claims, including but not limited to claims based on negligence, made or incurred by anyone, including myself, arising out of or in any way connected to the representations I have made in this Waiver or my participation in the Event/Activity, wherever such activities may occur and whether suffered before, during or after such participation. My indemnification obligations shall include, without limitation, all attorneys’ fees and costs incurred by any of the Released Parties through and including any appeals. I understand and agree that I am not relying on the Released Parties to have arranged for, or carry, any insurance of any kind for my benefit relative to my participation in the Event/Activity, and that I am solely responsible for obtaining any mandatory or desired life, travel, accident, property, or other insurance related to my participation in the Event/Activity, at my own expense.
- Authorization for Medical Treatment: I hereby authorize medical treatment for myself, at my sole cost, if the need arises, however I acknowledge that the Released Parties shall have no duty, obligation or liability of any kind arising out of the provision of, or failure to provide or administer medical care or treatment.
- Right of Publicity: I grant the Released Parties the right to photograph, record and/or videotape me and further to display, edit, use and/or otherwise exploit my name, face, likeness, voice, and appearance, in all media, whether now known or hereafter devised, (including, without limitation, in computer or other device applications, online webcasts, television programming, motion pictures, films, newspapers, magazines, and social media) and in all forms including, without limitation, digitized images or video, throughout the universe in perpetuity, whether for advertising, publicity, or promotional purposes, or for any other commercial purposes, including, without limitation, publication of the Event/Activity, without compensation, residual obligations, reservation or limitation, or further approval, and I agree to indemnify and hold harmless the Released Parties for any claims associated with such grant and right to use. The Released Parties are, however, under no obligation to exercise any rights granted herein.
- The undersigned further agrees not to hold any of the named parties liable for any claim, including, but without limitation, any claim for bodily, personal, economic, emotional or mental injuries, known or unknown, product liability, death or property damage resulting or arising from an accident or event which may occur while participating in any way, using any equipment, ride or facility of By Brother’s or as a result of participation in activities or events conducted by By Brothers except due to By Brother’s gross negligence or willful misconduct. I expressly agree that this waiver, release, and assumption of risk is intended to be as broad and inclusive as permitted by applicable law.
Agreement
By Brothers Waiver Form
Write us
bybrotherspark@gmail.com
Call us
(305)-255-7462
Visit us
15515 sw 177th ave, Miami, FI 33187