HomeMy WebLinkAboutCinrotohero, LLC (Young Engineers) Independent Contractor Agreement - 2025 10 08CITY OF WINTER SPRINGS
INDEPENDENT CONTRACTOR AGREEMENT
(Young Engineers)
THIS AGREEMENT ("Agreement" or "Contract") is made this 8 day of
2025 ("Effective Date") by and between the CITY OF WINTER
SPRINGS, a Florida municipal corporation with its principal address at 1126 E. State Road 434,
Winter Springs, Florida 32708 ("City"), and CINROTOHERO LLC (d.b.a. Young Engineers
of South SemCO), a Florida Limited Liability Company with its principal address at 1962
Wrenfield Lane, Oviedo, Florida 32765 ("Contractor) (collectively, "Parties").
RECITALS:
WHEREAS, the City owns and operates the City of Winter Springs Civic Center and
Senior Center, located at 400 N. Edgemon Avenue, Winter Springs, Florida 32708 (the "Center")
for the benefit of the public and occasionally permits independent contractors to hold classes,
programs, or other activities at the Center; and
WHEREAS, Contractor desires to offer educational science and engineering classes for
children ages 6-17 (the "Services") at the Center, for the benefit of the public; and
WHEREAS, the City desires to permit contractor to offer such Services to the public
under the terms and conditions outlined in this Agreement.
Section 1. General Provisions.
I.I. Engagement. City engages Contractor and Contractor agrees to perform the
Services outlined in Exhibit "A," the Scope of Services. No prior or present agreements or
representations shall bind upon any of the parties unless incorporated in this Agreement.
Contractor shall not deviate from the Services set forth in this Agreement without the prior written
consent of the City.
1.2. Due Diligence. Contractor acknowledges that it has investigated prior to the
execution of this Agreement and has satisfied itself regarding 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 the City that the Services being
performed under this Agreement do not constitute professional services as defined by Section
287.055(2)(a), Florida Statutes.
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Section 2. Term of Agreement and Timing of Services.
2.1. Term of Agreement. This Agreement shall begin on the Effective Date and shall
expire on November 01, 2026. This Agreement may be extended for two (2) additional one (1)
year terms with the mutual written consent of both Parties.
2.2. Timing of Services. Contractor may utilize the Center to provide the Services
anticipated herein on Saturdays between the hours of 8:00 a.m. and 5:00 p.m., only. Contractor
shall utilize the Center on the exact dates and times provided in Exhibit "A," the Scope of
Services. If the Contractor desires to deviate from the dates and times provided in Exhibit "A,"
the Contractor must obtain the prior written approval from the City at least fifteen (15) days prior
to the date on which the Contractor desires to provide its Services. The Contractor will be permitted
to use the Center for a reasonable amount of time before and after the scheduled programming for
setup and breakdown of the space.
Section 3. Registration Requirements and Fees, Compensation, and Payment Terms.
3.1. 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 for and participate in the services being offered at City
owned facilities. Registration fees shall be subject to the City's final approval, which shall not be
unreasonably withheld.
The registration fee schedule is attached hereto in Exhibit "A" and is incorporated herein by this
reference. Any proposed change to the registration fee schedule by one Party shall require that
Party to provide thirty (30) days written notice to the other Party. Any change to the registration
fee schedule by one Party shall require the written approval of the other Party prior to that change
becoming effective.
3.2. 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.
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3.3. 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 those Services.
3.4. Compensation to City. For use of the City's facilities and property,
Contractor agrees to pay to the City a facility use fee in an amount equal to twenty percent (20%)
of all Net Registration Fees collected by the Contractor for the Services provided under this
Agreement. Net Registration Fees are the total amount of the registration fees collected by the
Contractor less: (i) sales, use, or other taxes; (ii) payment processing and/or merchant fees; (iii)
refunds, chargebacks, and returned payments, and (iv) scholarships, discounts, coupons, or City -
approved fee -waivers.
3.5. Payment Terms. 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 upon the City's request. Contractor shall, on or before the first
business day of the month, remit the facility use fee to the City, along with a monthly summary
statement outlining program enrollments, total registration fees, registration fee deductions, and
Net Registration Fees. Contractor shall pay to City the facility use fee required by Section 3.4
based on 20% of the Net Registration Fees collected during the prior month.
Section 4. Conditions of Services.
4.1. 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.
4.2. Warranty 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.
4.3. City's Responsibilities. The City shall cooperate with the Contractor by
arranging for access to the Center facilities as necessary for Contactor to provide the Services
anticipated herein. If the Center is not available for any particular day for which Services are
scheduled to occur, whether due to emergency, scheduled City events, or as otherwise determined
by the City, then the City shall utilize its best efforts to provide an alternative City indoor
recreational facility location for Contractor to provide its Services, or the Parties shall reschedule
the Services to take place at the Center to a later date as agreed upon by both Parties. Should the
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Center be unavailable on any particular day for which services are scheduled to occur due to
conflicting events scheduled at the Center, the City shall provide the Contractor fifteen (15) days'
advanced notice.
4.3. Contractor's Responsibilities. Contractor shall also provide any and all
additional services and equipment necessary for the Services including, but not limited to: (i)
providing administrative personnel to collect fees, forms, and answer telephone inquiries regarding
programs and provide a criminal background check for the Contractor's personnel; (ii) providing
all equipment necessary for the Services and participation in the Services; (iii) providing for the
set- up of the areas in the Center which will be used to provide the Services; and (iv) providing
for the clean-up and removal of all materials, trash, and debris brought to City facilities by the
Contractor and their guests, invitees, participants and personnel (cleanup shall be completed as
soon as possible after each class. Any background screenings conducted shall be Florida Level 2
(or equivalent), renewed annually, and the City shall accept Contractor's franchisor -standard
screenings where substantially equivalent.
Section 5. Subcontracts and Assignments.
5.1. Assignment and Subcontracting. 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.
With the City's prior written consent, Contractor may engage subcontractor instructors or
assistants to perform the Services, provided they satisfy background screening and are covered by
Contractor's insurance. City consent shall not be unreasonably withheld.
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.
Section 6. Miscellaneous.
6.1. Governing Law and 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.
6.2. 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
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to an individual authorized to receive mail for the below listed individuals, all to the following
individuals at the following locations:
To the City:
Attn: Kevin Sweet, City Manager
City of Winter Springs
1126 E. SR 434
Winter Springs, Florida 32708
407-327-1800 (Phone)
407-327-4753 (Fax)
To the Contractor:
Young Engineers South SemCo
Attn: Cindy Rodriguez
1962 Wrenfield Ave.
Oviedo, Florida 32765
southsemcoLcl ounengineers org
407-900-9087
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.
6.3. Public Records. 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.
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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,
_CITYCLERKDEPARTMENT@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
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
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failure to comply with this Section. The terms and conditions set forth in this Section shall survive
the termination of this Agreement.
Contractor's curricula, lesson plans, training materials, customer lists, pricing strategies, marketing
plans, may contain proprietary business or trade secret information. Notwithstanding the
foregoing, the Parties agree to maintain the confidentiality of any and all records or documents
from third party disclosure that are deemed confidential and/or exempt from public records
disclosure pursuant to federal or state law, including, but not limited to, proprietary or trade secret
information as defined by Chapter 688, Florida Statutes.
6.4. Amendments. Modifications or changes to this Agreement must be made in
writing and executed by both Parties to this Agreement.
6.5. 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.
6.6. Attorney's Fees. Should any litigation arise concerning this Agreement
between the Parties, each Party agrees to bear its own attorney's fees and costs.
6.7. 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.
6.8. 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's 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.
6.9. Trafficking. Asa condition of this contract, Contractor shall attest under penalty
of perjury, that Contractor does not use coercion for labor or services as defined in Section
787.06(2), Florida Statutes. Attestations shall be documented using a Human Trafficking Affidavit
as provided by the City.
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6.10. Data Minimization. The Parties shall collect and share only the
participant information necessary for enrollment and safety, and shall comply with
privacy laws. Payment card or bank data shall not be transmitted to the City unless
required by law.
minimum
applicable
explicitly
6.11. Non -Exclusivity. Nothing herein grants exclusivity with regards to the
Services being provided. Contractor may offer the Services being provided hereunder at other
venues, and the City may host other providers of similar services.
6.12. Force Majeure. Any delay or failure of either party in the performance of its
required obligations hereunder shall be excused if and to the extent caused by acts of God; fire;
flood; windstorm; explosion; riot; war; sabotage; strike (except involving the Contractor's labor
force); extraordinary breakdown of or damage to City's affiliates' facilities; court injunction or
order; federal and/or state law and/or regulation; or order by any other regulatory agency, provided
that prompt notice of such delay is given by such party to the other and each of the parties hereto
shall be diligent in attempting to remove such cause or causes. If any circumstance of Force
Majeure remains in effect for sixty (60) days, either party may terminate this Agreement. Monetary
damages will not be awarded in the event of Force Majeure.
Section 7. Protection of Persons and Property; Insurance.
7.1. 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).
7.2. Professional Liability/Malpractice and General Liability. Contractor
shall maintain: (a) Commercial General Liability: $1,000,000 per occurrence / $2,000,000
aggregate, including Products/Completed Operations and Sexual Abuse & Molestation coverage
or endorsement; (b) Professional Liability (if applicable): $1,000,000 per claim / $1,000,000
aggregate; (c) Hired/Non-Owned Auto Liability: $1,000,000; (d) Umbrella/Excess Liability:
$1,000,000. The City shall be named as Additional Insured on GL and Umbrella; coverage shall
be primary and non-contributory, with waiver of subrogation in favor of the City. Insurers shall
provide 30 days' notice of cancellation (10 days for non-payment). Certificates due prior to
Services and upon renewal.
7.3. If Contractor fails to maintain said insurance, City, at its option, may elect to
terminate this Agreement by written notice to Contractor.
7.4. 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 the 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 negligence or willful misconduct of Contractor in
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performing of any Services provided under this Agreement. This indemnification shall not apply
to the City's own negligence or willful misconduct.
The indemnification provided above shall obligate Contractor to defend, at its own expense, 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 the Contractor. Contractor shall have the right to select defense counsel
which is reasonably acceptable to the City, the fees for which shall be reasonable and subject to
and included with this indemnification. This paragraph shall survive termination of this
Agreement.
7.5. Standard of Care. In performing the Services, Contractor shall 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.
Section 8. Termination.
8.1. Termination by City. City may terminate this Agreement, with or
without cause, and without penalty, with thirty (30) days written notice to Contractor. Such
termination shall be at City's sole discretion.
8.2. Termination by Contractor. With at least thirty (30) days written notice to
City, Contractor may terminate this Agreement if City fails to comply with the terms and
conditions of this Agreement.
8.3. Termination by Consent. This Agreement may be terminated by the mutual
written consent of both Parties, and without penalty.
8.4. Upon Termination. Upon termination of this Agreement, Contractor shall pay to
City all sums due and owing to City in accordance with Section 3 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.
8.5. 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.
Section 9. Conflicts.
9.1. Conflicts. If a conflict arises between this Agreement and Exhibit "A,"
this Agreement shall govern.
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IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed on
the dates indicated below.
CONTRACTOR:
CINROTOHERO LLC
a Florida Limited Liability Company
By:
Print: Cindy Ro ez
Title: Owner
Date: 10/03/2025
CITY:
CITY OF WINTER SPRINGS
a Florida Municipal Corporation
By: DAZIq
Print: e vi*'i
t
Title:
Date: Ap
EXHIBIT A
SCOPE OF SERVICES and FEE SCHEDULE
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EXHIBIT B `NTEh, SM
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CITY OF WINTER SPRINGS '= z
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Release and Waiver Agreement � 1959S
9
tiG00 wsTavS
knowingly and voluntarily agree to participate in the Young
Engineers educational 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 science education programs commonly
called "Young Engineers," which generally provides educational science and engineering classes
for children`.I am aware that Young Engineers classes may involve potentially hazardous activities
or the use of potentially hazardous materials. I am aware that before engaging in any programming
it is my responsibility to consult with my physician or other health care professional to determine
if this Program is right for my needs or my child's needs, and, to address any activities, 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.
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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.
I expressly agree to assume the entire risk of accidents, illness (including but not limited to possible
exposure to illness from infectious communicable diseases including, but not limited to MRSA,
influenza, and the novel coronavirus (COVID-19)), 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
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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.
Participant's Name (please print) Participant's Signature Date
Independent Contractor Agreement
City of Winter Springs and cinrotohero LLC (d.b.a. Young Engineers South SemCO)
Page 13 of 14
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
Independent Contractor Agreement
City of Winter Springs and cinrotohero LLC (d.b.a. Young Engineers South SemCO)
Page 14 of 14