In consideration for Florida Coastal Prep LLC (hereafter “FCP”) accepting the enrollment of Participant in a program and/or permitting Participant access to or the use of the property, facilities, parking lot, buildings, fields, equipment, housing, dining areas, and/or services of FCP Participant and his/her Parent/Guardian, on behalf of Participant(hereinafter “Releasors”), hereby release FCP its affiliated companies and all of its, members, directors, officers, employees, volunteers, sponsors, independent contractors or agents, for any liability, claims, actions, damages, costs, expenses or lawsuit whatsoever, arising out of or in any way connected with Participant’s enrollment and participation in the program or the use of any FCP service or facility by Participant and/or his/her guests, relatives or family members. The scope of this Waiver and Release shall include, but is not limited to, any damages, losses or injuries in connection with transportation, food, lodging, medical concerns (physical and emotion), entertainment, photographs, athletic activities and physical injury of any kind that arise from Participant’s own acts, the acts of third persons/parties, the effect of the condition of any property, equipment, or premises, or any acts of FCP's own negligence, or the negligence of any FCP officer, employee, agent, or anyone else whose conduct may be attributed to FCP. The Releasors further agree that this Wavier and Release shall remain effective throughout Participant’s enrollment in any FCP program or participation on its property or using its facilities at any time.
Acknowledgment
The Releasors acknowledge that he/she/they received the opportunity to review this Waiver and Release. The Releasors further acknowledge to have carefully read and fully understand the contents of this Waiver and Release and have asked and received answers to all questions he/she/they may have and that the Releasors have duly executed this Waiver and Release freely and voluntarily, intending and agreeing to be fully bound by the terms. If any portion is held invalid, the remaining portion of the Waiver and Release will continue in full legal force and effect.
Dispute Resolution
All claims or disputes between the Participant and/or the Participant’s Parent(s)/Guardian(s) and FCP, its employees, agents, officers, members, or affiliates, including those arising out of or related to this Agreement or arising out of or related to the Participant’s activities with FCP such as, without limitation, any claim based on breach of contract, breach of duty, negligence, gross negligence, fraud, or misrepresentation (collectively the “Disputes”) will be resolved through a civil lawsuit filed in Okaloosa County, Florida. No claims may be brought in any forum on behalf of any putative class. The costs of any arbitration brought by FCP to enforce any provision of this Agreement, including but not limited to attorneys’ fees, shall be reimbursed by the Participant and/or the Participant’s Parent(s)/Guardian(s) to the extent that FCP is the prevailing party.