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RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS & INDEMNIFICATION AGREEMENT
Notice – By signing this document you may be waiving certain legal rights, including the right to sue.
In consideration of being allowed to use the Savannah Civic Center located at 301 W Oglethorpe Ave, Savannah, Georgia 31401, and participate in ____________________________ and other activities (collectively the “Activities”) provided by Ghost Pirates Igloo, LLC (the “Host”), the Participant (and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor) does hereby agree, to the fullest extent permitted by law, as follows:
2) TO ASSUME ALL RISKS and responsibility of participating in the Activities and all events and travel in connection therewith and using the Equipment (including, without limitation, any such risk as may arise from the lack of skill of any participant or the improper conduct of any participant), even those caused by the negligent acts or conduct of a Releasee. The Participant understands that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death and damage to property;
3) TO RELEASE, covenant not to sue, and forever discharge the Releasees from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Releasees to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; and
4) TO INDEMNIFY and hold harmless the Releasees from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.
The Participant hereby acknowledges that photographs and/or video may be taken of the Activities by Releasees and/or their agents and other third parties (Releasees and/or their agents and other third parties are hereinafter collectively referred to as “Photographers”), which photographs and/or video may include the name, image, voice or likeness of Participant. The Participant grants to Photographers the right to take and use such photographs and/or video for promotional, commercial and other purposes, and the right to distribute such photographs and/or video to others for further use and distribution. The Participant shall not receive any compensation whatsoever for such taking, use, and/or distribution of the photographs and/or video.
The Participant and his/her parent(s) or legal guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice. The Participant and his/her parent(s) or legal guardian(s) understand that Participant’s participation in the Activities is voluntary. The Participant and his/her parent(s) or legal guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings. If, while participating in the Activities, the Participant or his/her parent(s) or legal guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or his/her parent(s) or legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host.
This Release of Liability, Assumption of Risk, Waiver of Claims & Indemnification Agreement is intended to be as broad and inclusive as permitted by applicable law. To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. I AM SIGNING THIS AGREEMENT VOLUNTARILY.
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