This Spectator Full Release, Hold Harmless and Waiver of Rights is as of the date of ticket purchase and agreed to by the individual ticket purchaser, ticket holder, guest, invitee, spectator, or other attendee (collectively, the “Attendee”).
1. Release
Attendee agrees to release, waive, indemnify, hold harmless, and forever discharge Space Florida and the National Aeronautics and Space Administration (“NASA”), and their respective officers, directors, members, owners, employees, agents, subsidiaries, vendors, independent contractors, rescue personnel, medical and paramedic personnel, parents, insurers, attorneys, servants, and representatives (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, causes of action, suits in equity of whatever kind or nature, damages, costs, attorneys’ fees, and expenses that Attendee, or Attendee’s personal representatives, assigns, heirs, survivors, or next of kin, may have against the Released Parties on account of any event, accident, occurrence, or incident involving the Event or the SLF that results in bodily injury, illness, death, or property damage, including claims alleged to have been caused in whole or in part by any negligence, breach of duty, breach of contract, act, conduct, omission, failure to warn, action, inaction, or otherwise of the Released Parties, to the fullest extent permitted by Florida law.
2. Express Assumption of Risk
Attendee understands, appreciates, and assumes the inherent dangers and risks associated with attending the Event and entering the SLF, including risks arising not only from Attendee’s own actions, inactions, negligence, or otherwise, but also from the actions, inactions, negligence, or otherwise of Space Florida, NASA, the Released Parties, other attendees, exhibitors, vendors, contractors, volunteers, performers, or other persons present at the Event.
Attendee further understands that such risks include, but are not limited to:
As a result of understanding and appreciating these risks, Attendee agrees to assume and bear full responsibility and sole liability for any bodily injury, illness, death, or property damage arising from attendance at the Event or presence on the SLF, even if caused in whole or in part by the acts, omissions, errors, or NEGLIGENCE of Space Florida, NASA, or the Released Parties.
Attendee expressly waives any right to sue the Released Parties for injuries or damages of any kind arising from attendance at the Event, including claims based upon the negligence of the Released Parties, to the fullest extent permitted by law.
3. Physical Condition
Attendee warrants that he or she is in overall good physical health or otherwise voluntarily assumes all risks associated with attending the Event.
4. Voluntary Attendance
Attendee understands the risks and dangers inherent in attending the Event, assumes full responsibility and risk of bodily injury, illness, death, or property damage, and voluntarily decides to attend the Event, even though such attendance may result in injury, death, damage, or loss because of the negligence of the Released Parties, the negligence of others, or otherwise.
5. Broad Construction
Attendee agrees that this Release and Waiver of Rights is intended to be as broad and inclusive as permitted under the laws of the State of Florida.
6. Understanding
Attendee acknowledges that he or she has read this Release and Waiver of Rights, has had the opportunity to review its contents, ask questions, and seek independent legal advice if desired, understands its terms, and voluntarily agrees to be bound by them.
7. Waiver of Rights
Attendee understands and agrees that he or she is waiving and releasing substantial rights and potential future claims, including the right to bring legal or equitable actions against the Released Parties arising from attendance at the Event, to the fullest extent permitted by law.
8. Governing Law and Venue
Attendee agrees that the laws of the State of Florida shall govern the construction, interpretation, and validity of this Agreement.
Attendee further agrees that any controversy arising under this Agreement or relating to attendance at the Event shall be litigated exclusively in the courts of Brevard County, Florida, and hereby knowingly and voluntarily waives any right to trial by jury with respect to such litigation.
9. Consideration
Attendee acknowledges that this Release and Waiver of Rights has been voluntarily accepted in exchange for being permitted admission to the Event and entry onto the Space Shuttle Landing Facility.
10. Responsibility
It is the intent of the parties that Attendee shall be solely responsible for his or her own bodily injury, illness, death, economic and noneconomic losses, and damage to personal property arising from attendance at the Event or presence on the SLF, regardless of the cause, fault, or any NEGLIGENCE of the Released Parties, to the fullest extent permitted by Florida law.
Electronic Acceptance
For attendees purchasing tickets online, checking the acceptance box during the ticket purchase process, purchasing a ticket, accepting a ticket, possessing a ticket, or using a ticket to enter the Event shall constitute acceptance of this Spectator Full Release, Hold Harmless and Waiver of Rights and shall have the same force and effect as a handwritten signature.
