HomeMy WebLinkAboutHeather Rose Fitness, LLC (Kettle Belles) Parks & Receation Instructor Independent Contractor Agreement - 2019 10 10 PARKS&RECREATION INSTRUCTOR
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is made this_LQL__day of m Qc, ,2019 ("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 HEATHER
ROSE FITNESS, LLC, a Florida Limited Liability Company, whose principal address is 1216
Andes Drive,Winter Springs,Florida 32708 ("Contractor").
RECITALS:
WHEREAS, City has both the City's Civic Center and certain outdoor park facilities
available for use by the public; and
WHEREAS, Contractor desires to offer "Kettle Belles Fitness" exercise classes
("Services") for the benefit of the public using the City's Civic Center and the outdoor park
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 Ena; ement. 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 Dili ence. Contractor acknowledges that Contractor 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 Contractor 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.
Contractor ity Parks&Recreation Instructor Agreement
City of winter Springs
Page 1 of 12
ARTICLE 2
REGISTRATION RE UIREMENTS AND FEES,
COMPENSATION &PAYMENT TERMS
2.1 Re Yistration .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 fin-therance 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 RMistration R uirements. 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 Com ensation 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 City. For use of City facilities and property, Contractor agrees
to pay the City a facility use fee in an amount equal to 15% of all registration fees collected by
Contractor for the Services provided under this Agreement.
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 15% 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
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.
Contractor; 7City Parks&Recreation Instructor Agreement
City of winter Springs
Page 2 of 12
ARTICLE 3
GENERAL CONDITIONS OF SERVICES
3.1 Provision of Services is a Private Undertaldn� . 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 Wgaantj of Services. Contractor warrants unto City that Contractor 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 Cit 's Res onsibilities. The City shall cooperate with the Contractor by:
(a) Arranging for access to outdoor park facilities as necessary to Contractor for
provision of the Services if Trotwood Park is not available. If Trotwood Park is
not available for any particular day for which Services are scheduled to occur,
whether due to scheduled City events, or as otherwise determined by the City, the
City shall utilize its best efforts to provide an alternative City outdoor park facilities
location for Contractor to provide Services.
(b) Arranging for access to indoor City facilities as necessary to Contractor for
provision of the Services if the Civic Center is not available. If the Civic Center is
not available for any particular day for which Services are scheduled to occur,
whether due to scheduled City events, or as otherwise determined by the City, the
City shall utilize its best efforts to provide an alternative City facility location for
Contractor to provide Services. The City shall utilize its best efforts to give
Contractor seven (7) days' advance notice of any such alternative location
arrangements.
(c) Keeping the outdoor park facilities provided in good repair,and providing custodial
services to the facilities in the park area.
(d) Keeping the Civic Center facility, or alternatively offered indoor facility,provided
in good repair, and providing custodial services to the Civic Center or alternatively
offered facility.
Contract 'ty Parks&Recreation Instructor Agreement
City of winter Springs
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ARTICLE 4
SUBCONTRACTS; ASSIGNMENT
4.1 Assi nment and Subcontractin 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 consent to any assignment,no assignment will release or discharge the assignor from any
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
AUSCELLANEOUS PROVISIONS
5.1 Governin a 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:
Heather Rose Fitness, LLC
c/o Heather Michelle Rosenberger
1216 Andes Drive
Winter Springs,Florida 32708
305-986-8868 (Phone)
Contracto /City Parks&Recreation Instructor Agreement
City of winter Springs
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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,characteristics,or means of transmission, of Contractor related, directly or indirectly, to the
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) 327-59559
C_ITYCLERKDEPARTMENTWIlVTERSPRINGSFL.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
contmt,19city Parks&Recreation Instructor Agreement
City of Winter Springs
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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
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 A reement. Modifications or changes in this Agreement must be in
writing and executed by the parties bound to this Agreement.
5.5 Severabilit; , 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 Attorne '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 A reement. 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 Imm . 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
Contractor/City Parks&Recreation Instructor Agreement
City of Winter Springs
Page 6 of 12
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 Com ensation. 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).
6.2 Professional Liabilit /Mal ractice and GeneralLiabilit . 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.
Cont=to IfIcity Parks&Recreation Instructor Agreement
City of Winter Springs
Page 7 of 12
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.
ARTICLE 7
TERMINATION OF THE CONTRACT
7.1 Termination b 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 b _ 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 C)c4 2019 and shall
terminate after one(1)year unless extended in one(1)year terms by mutual written agreement of
the parties.
Contractor&City Parks&Recreation Instructor Agreement
City of Winter Springs
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ARTICLE 9
CONFLICTS
9.1 Confficts. If a conflict apses as tot the contents o Exhibit"A"and the Agreement,
the Agreement shall govern.
IN SS WHEREOF, the parties hereto caused this Agreement to be executed as
of the date first written above.
CONTRACTOR: CITY:
HEATHER ROSE FITNESS,LLC CITY OF WINTER S' RII 'GSA FLORIDA
Heather Michelle Rosenberger,Mgr Shawn 10 ...
rge g ,City Manager
Dated:.- Dated ._ ..�
d f ,
Contractor /City Parks&Recreation Instructor Agreement
City of Winter Springs
Page 9 of 12
EXHIBIT"A"
DESCRIPTION OF SERVICES TO BE PERFORMED
Scope of Services. Contractor agrees to provide the following Services to City:
(a) Contractor agrees to offer a "Kettle Belles Fitness" exercise classes 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 Trotwood Park, located at 701 Northern Way,
Winter Springs,FL,32708,on Mondays, Wednesdays and Fridays between 9:30AM to 10:30AM
and on Saturdays between 9AM to LOAM. The Services will also take place at the City's Civic
center, located at 400 N Edgemon Ave, Winter Springs, FL 32708, on Mondays and Thursdays,
between 7:15PM to 8:15PM. 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 may provide resistance bands and/or resistance tubes to Participants as the
only equipment provided with payment of the registration fee. The resistance band and/or
resistance tubes become(s) the property of the Participant upon receipt thereof. Contractor may
provide to Participants, for use during the Services only and which remain the property of the
Contractor, equipment such as battle ropes, dumb bells, kettlebells, medicine balls and/or bosu
balls. Participants shall provide their own additional individual equipment and materials, if any.
The City shall not be responsible for any loss or damage of equipment and materials brought to
the City outdoor park facilities,the Civic Center,or,locations alternatively offered by the City for
use by Contractor or Participants. Contractor shall keep the grounds and facilities 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.
(e) 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.
(f) 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.
(g) 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.
(h) Contractor shall be responsible for hiring additional instructors, if necessary, in order
to provide the Services. All additional instructors shall either be covered by Contractor's required
insurance or must maintain the same insurance types and amounts as provided for in Article 6 of
the Agreement. Contractor must provide to the City proof of insurance for any additional
instructors prior to such additional instructors providing Services in accordance with this
Agreement.
C"fiwtorl&ity Parks&Recreation Instructor Agreement
City of Winter Springs
Page 10 of 12
E O�T — FORM o
RWINTER SP
RINGS
GSw
Release and Waiver Agreement
I, _....._....... ........... m.... W W...................IT.. knowingly and voluntarily agree to participate in the Kettle Belles Fitness exercise
classes at the City of Winter Springs("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. I
acknowledge and understand that this Program is based on a fitness program commonly called "Kettle Belles," with
information available at www,.kettlebellesfitness,cote, which generally provides kettlebells, weights, exercise balls, and
resistance bands or tubes with exercise activities which are strenuous, including but not limited to: cardiovascular
conditioning,training and drills; weight exercises; stretching;muscle strength and endurance training;running and, other
various fitness activities. I am aware that Kettle Belles Fitness will involve up to 60 minutes of physical activity which will
place stress on my muscular and cardiovascular systems. I am aware that before engaging in any strenuous exercise program
such as Kettle Belles Fitness, that it is my responsibility to consult with my physician or other health care professional to
determine if this Program is right for my needs, and, to address any exercises or otherwise which should be avoided, as is
relevant. I understand that I should not rely on the City of Winter Springs or any of its employees,Program instructors or
agents as a substitute or replacement for professional medical advice,diagnosis,or treatment.
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
cl-h etor ity Parks&Recreation Instructor Agreement
City of Winter Springs
Page 11 of 12
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.
I expressly agree to assume the entire risk of accidents,illness,personal injury,property damage or death which is suffered
by me or my child(ren)as a result of 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 understand that the City is not
providing any safety measures of any kind for the Program, and that I am solely responsible for my, and my minor
child(ren)'s, safety including, but not limited to, when I am participating in the Program. Further, 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,
known or unknown,suspected or unsuspected,that do now exist,may exist or heretofore have existed 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 AND COMPLETELY ASSUME ANY AND ALL RISKS AND
LIABILITY 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.
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.
_
Participants Name(please print) ...m..._
' Partrt
icipant's Signature Date
I am the natural guardian of -__m 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
Contractor lfftity Parks&Recreation Instructor Agreement
City of Winter Springs
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