OUR GOAL IS TO PROVIDE EVERYONE A ONE OF A KIND EXPERIENCE IN DAYTONA BEACH AND SURROUNDING CITIES. WE WANT YOU TO FEEL OUR SENSE OF COMMUNITY, AND COMMITMENT TO ENSURE THAT THIS TOUR WILL GO DOWN IN HISTORY OF THE BEST ADVENTURE EVER!
DAYTONA INTERNATIONAL SPEEDWAY, DAYTONA WORLD'S MOST FAMOUS BEACH, DAYTONA LAGOON, ONE DAYTONA, WORLD'S MOST FAMOUS BREWERY, AND ROSEBAY WATERSPORTS TO NAME A FEW!
BEAUTIFUL SIGHTS! BY BOOKING WITH US YOU WILL HAVE THE BEST DEALS IN TOWN. FROM TRYING THE MOST PHENOMENAL FOOD IN THE AREA TO LEARNING ABOUT OUR HISTORY, AND MEETING NEW FRIENDS WE BRING THE FUN WHEREVER WE GO
WE OFFER VERY REASONABLE TOUR PACKAGES. HIT THE BOOK BUTTON NOW TO RESERVE YOUR SPOT TODAY
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Please read: IN CONSIDERATION OF the risk of injury that exists while participating in TOUR EXCURSION (hereinafter the "Activity"); and IN CONSIDERATION OF OUR desire to participate in said Activity and being given the right to participate in same; WE HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" "we" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and WE HEREBY release and forever discharge FUN BY THE SEA, located at , Ormond Beach, Florida 32176, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releases'"), from any physical or psychological injury that WE may suffer as a direct result of OUR participation in the aforementioned Activity. WE ARE VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND WE ARE PARTICIPATING IN THE ACTIVITY ENTIRELY AT OUR OWN RISK. WE ARE AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. WE UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM OUR OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, WE ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO US, OF OUR PARTICIPATION IN THIS ACTIVITY. WE FURTHER AGREE to indemnify, defend and hold harmless the Releases' against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs. WE FURTHER ACKNOWLEDGE that Releases' are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releases'. In the event that WE should require medical care or treatment, WE authorize Fun by the Sea to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. WE further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. WE am aware and understand that WE should carry OUR own health insurance. WE FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. WE agree not to participate in the Activity unless WE ARE medically able and properly trained, and WE agree to abide by the decision of the Fun by the Sea official or agent, regarding my approval to participate in the Activity. WE HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. WE EXPRESSLY AGREE TO RELEASE AND DISCHARGE Fun by the Sea AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND WE AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT WE OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Fun by the Sea FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Fun by the Sea, its agents, and employees. WE agree that this Release shall be governed for all purposes by Florida law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements. In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, WE acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness. THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF OUR PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION. THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, and Fun by the Sea agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. By booking with Fun by the Sea all parties are in AGREEMENT of waiver. ALL PARTIES CERTIFY THAT THEY HAVE READ THIS AGREEMENT, THAT THEY FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. WE ARE AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT WE ARE AGREEING TO THIS OF OUR OWN FREE WILL.