This Release and Wavier of Liability for Participation by Resident of Independent Living Facility in Travel Offsite for Weekly Shopping Trips allows a resident of an independent living facility to release the facility from liability for damages or injuries (except for those caused by the sole negligence or intentional conduct of the facility) which may be incurred by a resident while being transported off the premises by the facility for weekly shopping trips. Courts vary in their approach to enforcing releases depending on the particular facts of each case, the effect of the release on other statutes and laws, and the view of the court of the benefits of releases as a matter of public policy.
Miami-Dade Florida Release and Waiver of Liability for Participation by Resident of Independent Living Facility in Travel Offsite for Weekly Shopping Trips 1. Introduction to Miami-Dade County: Located in the southeastern part of Florida, Miami-Dade County is the most populous county in the state. It encompasses a vibrant and cosmopolitan urban area known for its beautiful beaches, diverse culture, and thriving tourism industry. With its tropical climate and lively atmosphere, Miami-Dade County offers residents and visitors alike a rich array of recreational, cultural, and entertainment opportunities. 2. Independent Living Facilities in Miami-Dade County: Miami-Dade County is home to numerous independent living facilities that cater to older adults who desire an active and independent lifestyle. These facilities provide secure accommodation, amenities, and social activities while promoting an autonomous living experience for their residents. 3. Weekly Shopping Trips for Independent Living Facility Residents: In order to enhance the residents' quality of life and facilitate their access to essential goods and services, many independent living facilities in Miami-Dade County organize weekly shopping trips. These offsite outings offer residents the opportunity to visit local grocery stores, shopping centers, and other retail establishments. 4. The Need for a Release and Waiver of Liability: Recognizing the inherent risks associated with offsite travel, independent living facilities in Miami-Dade County generally require their residents to sign a Release and Waiver of Liability before participating in weekly shopping trips. This legal document ensures that residents are aware of the potential risks involved and absolves the facility from any liability in case of accidents, injuries, or unforeseen incidents during the trip. 5. Key Contents of the Release and Waiver of Liability: a. Participant Information: This section collects relevant personal details such as the resident's name, address, contact information, and identification. b. Acknowledgment of Risks and Responsibilities: The document outlines the risks and hazards associated with offsite travel, including but not limited to traffic accidents, slips and falls, illness, and theft. The resident must acknowledge their understanding of these risks and their commitment to act responsibly during the trip. c. Voluntary Participation: The resident confirms their voluntary decision to participate in the weekly shopping trip, demonstrating their understanding that they are under no obligation to join and that their participation is entirely at their own risk. d. Waiver of Liability: By signing the document, the resident agrees to release the independent living facility, its employees, agents, and affiliates from any liability for injuries, damages, losses, or expenses incurred as a result of participating in the offsite shopping trips. e. Assumption of Risk and Hold Harmless Clause: The resident acknowledges that they assume all risks related to the shopping trips and agrees to hold the independent living facility harmless in the event of any injury or loss. f. Governing Law and Severability: This section specifies that the release and waiver of liability shall be governed by the laws of Miami-Dade County and that if any part of the document is deemed unenforceable, the remainder shall remain in full effect. Types of Miami-Dade Florida Releases and Waivers of Liability for Participation by Resident of Independent Living Facility in Travel Offsite for Weekly Shopping Trips: — Standard Release and Waiver of Liability Form — Release and Waiver of Liability for Limited Mobility Residents — Release and Waiver of Liability for Residents with Dementia or Cognitive Impairments.Miami-Dade Florida Release and Waiver of Liability for Participation by Resident of Independent Living Facility in Travel Offsite for Weekly Shopping Trips 1. Introduction to Miami-Dade County: Located in the southeastern part of Florida, Miami-Dade County is the most populous county in the state. It encompasses a vibrant and cosmopolitan urban area known for its beautiful beaches, diverse culture, and thriving tourism industry. With its tropical climate and lively atmosphere, Miami-Dade County offers residents and visitors alike a rich array of recreational, cultural, and entertainment opportunities. 2. Independent Living Facilities in Miami-Dade County: Miami-Dade County is home to numerous independent living facilities that cater to older adults who desire an active and independent lifestyle. These facilities provide secure accommodation, amenities, and social activities while promoting an autonomous living experience for their residents. 3. Weekly Shopping Trips for Independent Living Facility Residents: In order to enhance the residents' quality of life and facilitate their access to essential goods and services, many independent living facilities in Miami-Dade County organize weekly shopping trips. These offsite outings offer residents the opportunity to visit local grocery stores, shopping centers, and other retail establishments. 4. The Need for a Release and Waiver of Liability: Recognizing the inherent risks associated with offsite travel, independent living facilities in Miami-Dade County generally require their residents to sign a Release and Waiver of Liability before participating in weekly shopping trips. This legal document ensures that residents are aware of the potential risks involved and absolves the facility from any liability in case of accidents, injuries, or unforeseen incidents during the trip. 5. Key Contents of the Release and Waiver of Liability: a. Participant Information: This section collects relevant personal details such as the resident's name, address, contact information, and identification. b. Acknowledgment of Risks and Responsibilities: The document outlines the risks and hazards associated with offsite travel, including but not limited to traffic accidents, slips and falls, illness, and theft. The resident must acknowledge their understanding of these risks and their commitment to act responsibly during the trip. c. Voluntary Participation: The resident confirms their voluntary decision to participate in the weekly shopping trip, demonstrating their understanding that they are under no obligation to join and that their participation is entirely at their own risk. d. Waiver of Liability: By signing the document, the resident agrees to release the independent living facility, its employees, agents, and affiliates from any liability for injuries, damages, losses, or expenses incurred as a result of participating in the offsite shopping trips. e. Assumption of Risk and Hold Harmless Clause: The resident acknowledges that they assume all risks related to the shopping trips and agrees to hold the independent living facility harmless in the event of any injury or loss. f. Governing Law and Severability: This section specifies that the release and waiver of liability shall be governed by the laws of Miami-Dade County and that if any part of the document is deemed unenforceable, the remainder shall remain in full effect. Types of Miami-Dade Florida Releases and Waivers of Liability for Participation by Resident of Independent Living Facility in Travel Offsite for Weekly Shopping Trips: — Standard Release and Waiver of Liability Form — Release and Waiver of Liability for Limited Mobility Residents — Release and Waiver of Liability for Residents with Dementia or Cognitive Impairments.
