Florida Realtors Comprehensive Release for In-Person Events
Florida Realtors Women in Real Estate Conference
July 9, 2021
Tampa Marriott Water Street
READ CAREFULLY – By signing this form, you are agreeing to release and indemnify Florida Realtors® from liability, to follow safety protocols and assume all risks while attending Florida Realtors® events.
As a voluntary participant in an activity or event organized by Florida Association of Realtors® dba Florida Realtors® (hereinafter “Florida Realtors®”), a Florida Not-For-Profit corporation, located at 7025 Augusta National Drive, Orlando, Florida, 32822, and/or as an attendee or user of the property, facilities and services of Florida Realtors®,
As the “Participant”, I agree to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by the employees, representatives or agents of Florida Realtors®.
COVID-19 SAFETY INFORMATION:
While in attendance at an onsite or offsite event, I agree to strictly adhere to all current CDC guidelines for COVID-19 while participating in events held or sponsored by the Florida Realtors®, which could include “social distancing” and wearing a face covering at all times to reduce the risks of exposure to COVID-19. Florida Realtors®, and/or the host location, has put in place preventative measures to reduce the spread of COVID-19; however, Florida Realtors® cannot guarantee that you, or others in attendance will not become infected with COVID-19.
In light of the ongoing spread of COVID-19, if you fall within any of the categories below, you should not engage in Florida Realtors® events and/or other face to face activities. By attending a Florida Realtors® event, you certify that you do not fall into any of the following categories:
1. Individuals who currently or within the fourteen (14) days prior to event, have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others;
2. Individuals who have traveled at any point within fourteen (14) days either internationally or to a community in the U.S. that has experienced or is experiencing sustained community spread of COVID-19; or
3. Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment within fourteen (14) days of the event.
Individuals who fall within the Centers for Disease Control (CDC) definition of People at Increased Risk or People Who Need Extra Precautions for COVID-19, should seek medical clearance to attend the event or participate in the activity.
Participant agrees to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath). On each day of the activity or event, prior to the commencement of the activity or event, Participant agrees to perform the following self-assessment and to determine if:
- You have a temperature of 100.4°F (38°C) or higher?
- You have experienced any symptoms of COVID-19 recently or you are currently experiencing symptoms?
- You have come into contact with any person who has tested positive for COVID-19 or shown any of the symptoms of COVID-19, to the best of your knowledge?
- You have reason to believe that you or any member of your household currently has a COVID-19 infection or you or they have been exposed to someone with a COVID-19 infection?
By subsequently attending the activity or event each day, Participant warrants that self-assessment has been performed and Participant is experiencing no symptoms of COVID-19. A list of symptoms commonly associated with COVID-19 can be found by clicking here.
Participant agrees to contact Florida Realtors® if he/she experiences symptoms of COVID-19 within 14 days after participating in a Florida Realtors® event or activity.
3. INDEMNIFICATION. I agree to indemnify and defend Florida Association of Realtors® dba Florida Realtors® against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Florida Association of Realtors® dba Florida Realtors®.
4. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Florida law.
5. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Florida Realtors® has offered to refund any registration fees I have paid if I choose not to sign this Agreement.
6. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length agreement. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
7. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
8. DISPUTE RESOLUTION. This Agreement shall be construed and controlled by the laws of the State of Florida. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
9. RELEASE AND WAIVER.
I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST FLORIDA REALTORS® AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE EVENT OR ACTIVITY.
10. ASSUMPTION OF THE RISK. I acknowledge and understand the following:
Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While following rules and personal discipline may reduce this risk, the risk of serious illness and death is not completely eliminated. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault associated with the event or activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of The Released Parties.