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HomeMy WebLinkAboutLuccisano, Lynn - Parks and Recreation Instructor Independent Contractor Agreement - 2020 01 10 PARKS &RECREATION INSTRUCTOR INDEPENDENT CONTRACTOR AGREEMENT 1 THIS AGREEMENT is made this �� •' day of , 2020("Effective Date"),by and between the CITY OF WINTER SPRINGS,FLORIDA,a Florida municipal corporation,whose address is 1126 East State Road 434, Winter Springs, Florida 32708 ("City"), and LYNN LUCCISANO, an individual, whose principal address is 217 San Gabriel Street, Florida, 32708 ("Contractor"). RECITALS: WHEREAS,City has certain recreational facilities available for use by the public; and WHEREAS,Contractor desires to offer Line Dancing classes ("Services") for the benefit of the public using the recreational facilities available to City; and WHEREAS, City desires to allow Contractor to offer such Services to the public under the terms and conditions in this Agreement; IN CONSIDERATION of the mutual covenants and provisions, and other good, diverse, and valuable considerations, the receipt and sufficiency all or which is acknowledged, the parties desiring to be legally bound agree: ARTICLE 1 GENERAL PROVISIONS 1.1 Enaaaement. City engages Contractor and Contractor agrees to perform the Services outlined in EXHIBIT "A" for the stated fee arrangement. No prior or present agreements or representations shall bind upon any of the parties unless incorporated in this Agreement. 1.2 Due Diligence. Contractor acknowledges that she has investigated prior to execution of this Agreement and satisfied herself on the conditions affecting the Services,the availability of materials and labor,the cost,the requirements to obtain and maintain necessary insurance, and the steps necessary to complete the Services. The Contractor warrants unto City that she has the competence and abilities to carefully and faithfully complete the Services. The Contractor will perform the Services with due and reasonable diligence consistent with sound professional practices. 1.3 CCNA Services. Contractor warrants unto City that the Services being performed under this Agreement do not constitute professional services as defined by Section 287.055(2)(a), Florida Statutes. Contactor /City Parks&Recreation Instructor Agreement—Line Dancing City of Winter Springs Page 1 of 12 ARTICLE 2 REGISTRATION REQUIREMENTS AND FEES, COMPENSATION, & PAYMENT TERMS 2.1 Registration Fees. Contractor acknowledges that the City requires Contractors who are performing parks and recreation program services to charge fees that are reasonable in order to encourage participants to register and frequently participate in the park and recreational program services being offered by Contractor at City owned facilities. In furtherance of this objective, Contractor shall propose registration fees to the City in writing. Upon receipt of the proposed registration fees, the City will consult with the Contractor regarding the proposed fees. Registration fees shall be subject to the City's final approval and such approval shall be at the City's sole discretion. All participants shall be required to pay the registration fee approved by the City. 2.2 Registration Requirements. Contractor shall be responsible for registering program participants. All participants shall be required to register for Services with the Contractor using written forms provided by the Contractor. Registrations shall be between the Contractor and the participant registering for the Services. However,during the Contractor's registration process, Contractor shall require that all participants execute a City of Winter Springs' Waiver and Indemnification Form ("Waiver Form") as a condition of allowing participant to receive any Services offered by the Contractor at or upon any City facilities or properties. The Waiver Form is attached hereto as EXHIBIT `B" and is subject to amendment by the City at any time. If the City determines that a participant is receiving Services at or upon any City facilities or properties under this Agreement without having executed a Waiver Form, the City shall have the right to prohibit that participant from receiving Services until such time as the participant submits to the City a fully executed Waiver Form. 2.3 Compensation to Contractor. No compensation shall be paid by the City for Contractor's Services under this Agreement. Contractor's sole compensation for the Services provided hereunder shall be contingent upon the collection of registration fees for the Services provided hereunder. 2.4 Compensation to Cites+. For use of City facilities and property, Contractor agrees to pay the City a facility use fee in an amount equal to 20% of all registration fees collected by Contractor for the Services provided under this Agreement. In the event that the City determines that the Contractor failed to collect a registration fee from a participant,the City will also receive from the Contractor 20% of the registration fee that should have been collected from the participant that did not pay the registration fee. 2.5 Payment Terms. Contractor shall collect all registration fees and shall forward receipts for such fees to City's Parks and Recreation Program Coordinator within two(2)business days of collection. On or before the first business day of the each month, Contractor shall pay to City the facility use fee required by Section 2.4 based on 20% of the registration fees collected during the prior month. Contractor shall account for all fees collected, including the registrant's name, Services registered, and payment method, and shall provide a copy of such accounting records to the City simultaneously with such payment(s)to the City. Contractor agrees that if the contractor` /city Parks&Recreation Instructor Agreement—Line Dancing City of Winter Springs Page 2 of 12 required minimum number of participants for Services is not met,Contractor is not entitled to any compensation and any registration fees paid for such Services will be refunded. ARTICLE 3 GENERAL CONDITIONS OF SERVICES 3.1 Provision of Services is a Private Undertaking. Regarding all Services performed, it is specifically understood and agreed between the parties that the contractual relationship between City and Contractor is such that Contractor is an independent contractor and not an agent or employee of City. Nothing in this Agreement shall be interpreted to establish any relationship, other than that of an independent contractor, between City and Contractor, during or after performing the Services. Contractor shall be solely responsible for providing the Services authorized pursuant to this Agreement. If the Contractor fails to provide the Services and fully honor participant registrations,the City will not be responsible for providing the Services or hiring a third party to provide the Services. 3.2 Warranty of Services. Contractor warrants unto City that she has sufficient experience to properly complete the Services specified in this Agreement. Contractor shall comply with all laws,ordinances and rules in performing the Services. Contractor shall pay all taxes, fees, license fees required by law, including but not limited to occupational fees and withholding taxes and assume all costs incident to the Services, except as provided herein. 3.3 Citr's Responsibilities. The City shall cooperate with the Contractor by: (a) Allowing for the storage of a reasonable amount of equipment and materials related to the Services provided, if and when approved in advance by the Parks and Recreation Program Coordinator. City shall not be responsible for any loss or damage of equipment and materials stored by City. (b) Locking up the Winter Springs Senior Center or alternative location after each class. (c) Arranging for access to facilities as necessary to Contractor for provision of the Services. (b) Keeping the recreational facilities provided in good repair, and providing custodial services to the facilities. ARTICLE 4 SUBCONTRACTS, ASSIGNMENT 4.1 Asshunment and Subcontractinil. Unless otherwise specifically required by this Agreement, Contractor shall not assign, sublet, or transfer any rights or Services under or interest in (including, but without limitations, moneys that may become due) this Agreement without the written consent of City, except if any assignment, sublet, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written cons m consent to any assignment,no assignment will release or discharge the assignor from any Contractor�co� l//city "```""'''������ Parks&Recreation Instructor Agreement—Line Dancing City of Winter Springs Page 3 of 12 duty or responsibility under this Agreement. Further, Contractor shall subcontract no portion or all portions of the Services without the written consent of City. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than City and Contractor, and all duties and responsibilities under this Agreement will be for the sole and exclusive benefit of City and Contractor and not for the benefit of any other party. ARTICLE 5 MISCELLANEOUS PROVISIONS 5.1 Governing Law: Venue. This Contract shall be governed by the law of the State of Florida. Venue of all disputes shall be properly placed in Seminole County, Florida. The parties agree that the Agreement was consummated in Seminole County, and the site of the Services is Seminole County. If any dispute concerning this Contract arises under Federal law,the venue will be Orlando, Florida. 5.2 Notices. All projects, notices, demands, requests, instructions, approvals, and claims shall be in writing. All notices of any type shall be given by U.S. mail or by hand delivery to an individual authorized to receive mail for the below listed individuals, all to the following individuals at the following locations: TO THE CITY: Shawn Boyle City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708-2799 407-327-1800 (Phone) 407-327-4753 (Fax) TO THE CONTRACTOR: Lynn Luccisano 217 San Gabriel Street Winter Springs, Florida 32708 407-719-8744 (Phone) Notice shall be deemed to have been given and received on the date the notice is physically received if given by hand delivery, or if notice is given by first class U.S. mail, postage prepaid, then notice shall be deemed to have been given upon the date said notice was deposited in the U.S. Mail addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth may unilaterally change the name of the person to whom notice is to be given or the address at which notice is to be received. 5.3 Public Record. Pursuant to Section 119.0701, Florida Statutes and other applicable public records laws,Contractor agrees that any records,documents,transactions,writings,papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form,:r1 cteristics, or means of transmission, of Contractor related, directly or indirectly,to the City Parks&Recreation Instructor Agreement—Line Dancing City of Winter Springs Page 4 of 12 services provided to the City under this Agreement and made or received pursuant to law or ordinance or in connection with the transaction of official business by the City,may be deemed to be a public record,whether in the possession or control of the City or the Contractor. Said records, documents,transactions,writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s),regardless of the physical form,characteristics,or means of transmission of Contractor are subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's designated custodian of public records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (407) 327-5955, CITYCLERKDEPARTMENTLd?WINTERSPRINGSFL.ORG, 1126 EAST STATE ROAD 434, FLORIDA 32708. Contractor is required to and agrees to comply with public records laws. Contractor shall keep and maintain all public records required by the City to perform the services as agreed to herein. Contractor shall provide the City,upon request from the City Clerk,copies of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term. Upon completion of the Agreement, Contractor shall transfer to the City, at no cost, all public records in possession of the Contractor, provided the transfer is requested in writing by the City Clerk. Upon such transfer, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.However,if the City Clerk does not request that the public records be transferred, the Contractor shall continue to keep and maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City,upon request from the City Clerk, in a format that is compatible with the information technology systems of the City. Should the City not possess public records relating to this Agreement which are requested to be inspected or copied by the City or any other person, the City shall immediately notify Contractor of the request and the Contractor shall then provide such records to the City or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with a public records request, the City may enforce this Section to the extent permitted by law. Contractor acknowledges that if the Contractor does not provide the public records to the City within a reasonable time,the Contractor may be subject to penalties under Section 119.10,Florida Statutes. The Contractor acknowledges that if a civil action is filed against the Contractor to compel production of public records relating to this Agreement, the court may assess and award against Contractor the reasonable costs of enforcement, including reasonable attorney fees. All public records in connection with this Agreement shall, at any and all reasonable times during the normal business hours of the Contractor, be open and freely exhibited to the City for the purpose of examination, audit, or otherwise. Failure by Contractor to grant such public access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of Contra cto9�r City Parks&Recreation Instructor Agreement—Line Dancing City of Winter Springs Page 5 of 12 this Agreement by the City upon delivery of a written notice of cancellation. If the Contractor fails to comply with this Section, and the City must enforce this Section,or the City suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to Contractor's failure to comply with this Section, the City shall collect from Contractor prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against Contractor. And, if applicable, the City shall also be entitled to reimbursement of all attorneys' fees and damages which the City had to pay a third party because of the Contractor's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. 5.4 Amendment of Agreement. Modifications or changes in this Agreement must be in writing and executed by the parties bound to this Agreement. 5.5 Severability. If a word, sentence, or paragraph is declared illegal, unenforceable, or unconstitutional, the word, sentence, or paragraph will be severed from this Contract, and this Contract will be read as if the illegal, unenforceable, or unconstitutional word, sentence, or paragraph did not exist. 5.6 Attornev's Fees. Should any litigation arise concerning this Agreement between the parties,the parties agree to bear their own costs and attorney's fees. 5.7 Entire Agreement. This Agreement represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or Agreements, either oral or written, and all such matters shall be deemed merged into this Agreement. 5.8 Sovereign Immunity. The City intends to avail itself of the benefits of Section 768.28, Florida Statutes and any other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. Contractor agrees that City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further,City shall not be liable for any claim or judgment, or portion thereof,to any one person for over two hundred thousand dollars($200,000.00),or any claim or judgment,or portion thereof,which,when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence,exceeds three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement. ARTICLE 6 PROTECTION OF PERSONS AND PROPERTY: INSURANCE 6.1 Worker's Compensation. Upon the effective date of this Agreement, Contractor shall provide proof of worker's compensation insurance in the minimum amount required by law (if required). Contract-&City Parks&Recreation Instructor Agreement—Line Dancing City of Winter Springs Page 6 of 12 6.2 Professional Liability/Malpractice and General Liability. Upon the effective date of this Agreement, Contractor shall submit proof of professional liability/malpractice and general liability insurance to cover claims for professional liability/malpractice(if applicable)and general liability because of bodily injury or death of any person or property damage arising out of this Agreement or any Services provided. The insurance shall have minimum limits of coverage of $1,000,000.00 per occurrence. 6.3 This paragraph shall apply to Sections 6.1 and 6.2. The insurance required by this Article shall include the liability and coverage provided, or as required by law, whichever requirements afford greater coverage. All of the policies of insurance so required to be purchased and maintained for the certificates (or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty (30) days' prior written notice has been given to City and Contractor by certified mail, return receipt requested. All such insurance shall remain in effect until final payment. Unless agreed to by City to the contrary, City shall be named on the insurance policies as "additional insured," except for professional liability/malpractice coverage. Contractor shall cause its insurance carriers to furnish insurance certificates specifying the types and amounts of coverage in effect, the expiration dates of such policies, and a statement that no insurance under such policies will be canceled without thirty(30) days' prior written notice to City in compliance with other provisions of this Agreement. For all Services performed under this Agreement, Contractor shall continuously maintain such insurance in the amounts,type,and quality as required by Sections 6.1,6.2,and 6.3. If Contractor fails to maintain said insurance,City,at its option,may elect to terminate this Agreement by written notice to Contractor. 6.4 Indemnification and Hold Harmless. For all Services performed under this Agreement, Contractor agrees to the fullest extent permitted by law, to indemnify and hold harmless City and its employees, officers, and attorneys against all claims, losses, damages, personal injuries (including but not limited to death), or liability(including reasonable attorney's fees), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from Contractor's performance of any Services provided under this Agreement. The indemnification provided above shall obligate Contractor to defend at her own expense or to provide for such defense,at the option of City of all claims of liability and all suits and actions of every name and description that may be brought against City or its employees, officers, and attorneys which may result from the Services under this Agreement whether the Services are performed by the Contractor or anyone directly or indirectly employed by her. In all events City shall be permitted to choose legal counsel of its sole choice,the fees for which shall be reasonable and subject to and included with this indemnification. This paragraph 6.4 shall survive termination of this Agreement. 6.5 Standard of Care. In performing her Services,Contractor will use that degree of care and skill ordinarily exercised,under similar circumstances by reputable members of its profession practicing in the same or similar locality. Contract/City Parks&Recreation Instructor Agreement—Line Dancing City of Winter Springs Page 7 of 12 ARTICLE 7 TERNIINATION OF THE CONTRACT 7.1 Termination by City. City may terminate this Agreement,with or without cause, and without penalty,with five(5)days written notice to Contractor. Such termination shall be at City's sole discretion. 7.2 Termination bN- Contractor. With at least five (5) days written notice to City, Contractor may terminate this Agreement if City fails to comply with the terms and conditions of this Agreement. 7.3 Termination by Consent. This Agreement may be terminated by the mutual written consent of both parties, and without penalty. 7.4 Upon Termination. Upon termination of this Agreement, Contractor shall pay City all sums due and owing to City in accordance with Sections 2.4 of this Agreement through the termination date. Upon notice of termination, Contractor shall cease all Services being provided unless otherwise agreed to by the City in writing. 7.5 Waiver. Failure of City to insist upon performance within any time period or upon a proper level or quality of performance shall not act as a waiver of City's right to later claim a failure to perform by Contractor. ARTICLE 8 TERM OF AGREEMENT 8.1 Term. The term of this Agreement shall commence on January 1, 2020 and shall terminate on December 31, 2021 unless extended by mutual written agreement of the parties. The parties shall have the option to extend the term of this Agreement for two (2) one-year periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than thirty(30) days prior to the expiration of this Agreement's current term. ARTICLE 9 CONFLICTS 9.1 Conflicts. If a conflict arises as to the contents of Exhibit"A"and the Agreement, the Agreement shall govern. [Signature page follows] contractor lcity Parks&Recreation Instructor Agreement—Line Dancing City of Winter Springs Page 8 of 12 IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed as of the date first written above. CONTRACTOR: CITY: LYNN LUCCISANO CITY OF WINTER SPRINGS. FLORIDA By. - -- 1 �° t y. Lynn Luccisano Shawn B , e Manager Dated: Dated: Contractor city Parks&Recreation Instructor Agreement—Line Dancing City of Winter Springs Page 9 of 12 EXHIBIT "A" DESCRIPTION OF SERVICES TO BE PROVIDED Scope of Services. Contractor agrees to provide the following Services to City: (a) Contractor agrees to offer a "Line Dancing" fitness program to the public on an ongoing basis. (b) Contractor shall be responsible for registration of participants. A copy of each registration form shall be provided to the Program Supervisor. Each class must contain a minimum of four (4) participants. Contractor shall ensure that each participant shall execute an unaltered Waiver Form, or shall not be eligible for, and shall not participate in,the Services provided by the Contractor. Contractor shall provide such Waiver Form to the Program Supervisor within five(5) days of execution thereof. (c) The Services will take place at the Winter Springs Senior Center on Mondays between 6PM to 7PM, and, Wednesdays between 7PM to 9PM. The parties may mutually agree to change the time and days that the Services are to be performed. Any changes to the program must be submitted with seven (7) days advance notice. The Program Supervisor must approve any proposed changes to the schedule. (d) Contractor shall provide all equipment and materials needed to provide Services. Contractor shall prepare/set-up prior to each class. (e) The City shall not be responsible for any loss or damage of equipment and materials brought to the City facilities for use by Contractor or Participants. Contractor shall keep the recreation facility where Services are offered free of litter,trash,paper and waste at all times. Any litter, trash, paper, waste, equipment and materials resulting from Contractor or Participants shall be taken with the Contractor when the Contractor leaves. (f) Contractor shall keep an accurate record of the date, time and location of each class, the number of participants and their names. Such information shall be provided to the Program Supervisor promptly upon request. (g) Contractor shall be responsible for any sponsorship obtained. Contractor shall forward information as to proposed sponsors to City for approval prior to agreeing to sponsorship. (h) Contractor agrees to coordinate with the Program Supervisor to ensure program does not interfere with other City events. Contractor agrees that such events might affect the provision of Services. Contractors /City Parks&Recreation Instructor Agreement—Line Dancing City of Winter Springs Page 10 of 12 EXHIBIT "B"—CITY WAIVER FORM o��NTegsA CITY OF WINTER SPRINGS 1959 Release and Waiver Agreement Hcooweta�g` I, ,knowingly and voluntarily agree to participate in the Line Dancing program at the City of Winter Springs("Program"). I acknowledge and understand that this Program is a fitness program. I acknowledge that the Program is provided by an independent contractor under contract with the City to instruct and run the Program. The independent contractor is not an employee or agent of the City of Winter Springs and the City is not responsible for the manner in which the instructor runs the Program. NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE CITY OF WINTER SPRINGS (INCLUSIVE OF ITS OFFICERS, OFFICIALS, DIRECTORS, EMPLOYEES, AGENTS, PROGRAM INSTRUCTORS, ATTORNEYS, AFFILIATED ORGANIZATIONS AND SPONSORS) (HEREAFTER, COLLECTIVELY REFERRED TO AS THE "CITY") USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM THE CITY IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE CITY HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. Contractor/City Parks&Recreation Instructor Agreement—Line Dancing City of Winter Springs Page 11 of 12 I acknowledge and understand that this Program involves up to 120 minutes of various fitness activities, which will place stress on muscular and cardiovascular systems. I am aware that it is my responsibility to first consult with my physician or other health care professional to determine if this Program is right for my, or my child(ren)'s needs. I understand that I am solely responsible for my, and my minor child(ren)'s, safety and that there is a risk that my own minor child or another participant in the activity may act in a negligent or intentional manner and contribute to the injury or death of my minor child or other persons. The City assumes no responsibility for the actions and omissions of any participant in the Program. I (individually and on the behalf of any spouse, children, relative, beneficiary, estate, personal representative, successor, assign, and all persons or entities which may derive a claim through me), for and in consideration of the opportunity to participate in the Program, hereby enter into this Release with the City,and agree to the fullest extent permitted by law and without limitation,to indemnify and hold harmless the City, from and against all claims,losses,damages,personal injuries (including but not limited to death),or liability(including reasonable attorney's fees),which directly or indirectly arises out of,or results from,my participation in the Program. I hereby remise,release and forever discharge the City from any all claims, accidents, damages, demands,rights, actions and causes of action of any kind whatsoever, in law or in equity, resulting from my participation in the Program, which includes and extends to any and all claims I have or may have against the City with respect to the Program and the conditions, qualifications, instructions, rules or procedures thereof, and, from any other cause whatsoever relating to the Program or occurring during or after or as a result of the Program. I further agree to accept full responsibility, financial or otherwise, for any injury that I and/or my child(ren)may cause either to ourselves or to any other participants due to my/our acts or omissions while participating in the Program. It is my intention hereby,fully and finally and forever,to settle and to release any and all matters,disputes and differences, with respect to those matters described herein. I further agree that this Release is to be broadly construed, and that if any portion of same is held invalid, that the balance of the Release shall continue in full legal force and effect. It shall have no legal effect on interpretation of this Release that the City has prepared this Release. I have read,understand, and voluntarily sign this Release and further agree that no oral representations,statements or inducements apart from the contents of this Release have been made which in anyway alters, amends,or changes this Release. Florida law applies to this Release. I certify that I am eighteen years or older. I KNOWINGLY,WILLFULLY,FULLY, EXPRESSLY AND COMPLETELY ASSUME ANY AND ALL RISKS AND LIABILITY,KNOWN OR UNKNOWN,ASSOCIATED WITH MY OR MY CHILD'S PARTICIPATION IN THE PROGRAM WHETHER OR NOT SAID RISKS ARE EXPRESSLY OR IMPLIEDLY STATED HEREIN. THE CITY OF WINTER SPRINGS AND ITS EMPLOYEES,PROGRAM INSTRUCTORS AND AGENTS ARE NOT RESPONSIBLE FOR ANY INJURIES OR DEATH WHICH MAY OCCUR TO ME OR MY CHILD BEFORE, DURING, OR AFTER MY PARTICIPATION IN THE PROGRAM, WHETHER OR NOT SUCH DAMAGE RESULTS FROM PRODUCT LIABILITY OR NEGLIGENCE OR GROSS NEGLIGENCE(EXCEPT INTENTIONAL MISCONDUCT)ON THE PART OF THE CITY. I have fully read and fully understand the foregoing and in consideration of being allowed to participate in the Program,I fully agree to the foregoing terms and conditions set forth herein. Participant's Name(please print) Participant's Signature Date I am the natural guardian of ,a minor,and I am authorized to and hereby execute this agreement upon his or her behalf. Natural Guardian Name(please print) Natural guardian's Signature Date ContractoL—S—ICity Parks&Recreation Instructor Agreement—Line Dancing City of Winter Springs Page 12 of 12