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Terms of Service
Georgia Ovarian Cancer Alliance - 2017 Teal Trot
EVENT LIABILITY RELEASE
TO THE RELEASEES:
I ACKNOWLEDGE THAT BY ACCEPTING THIS DOCUMENT, I AM RELEASING CHASTAIN PARK, CITY OF ATLANTA, RACEROSTER, AND GEORGIA OVARIAN CANCER ALLIANCE, INC. AND THEIR RESPECTIVE AGENTS, EMPLOYEES, MEMBERS, SPONSORS, PROMOTERS AND AFFILIATES (COLLECTIVELY “RELEASEES”) FROM LIABILITY. THIS RELEASE IS A CONTRACT WITH LEGAL CONSEQUENCES. I HAVE BEEN ADVISED TO READ IT CAREFULLY BEFORE PROCEDING.
In consideration of the Releasees issuance of a license to me or the acceptance of my application for entry in the above event or other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby freely agree to and make the following contractual representations and agreements.
I acknowledge that physical activities may be inherently dangerous and fully realize the dangers of participating in such and FULLY ASSUME THE RISKS ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, by way of example, and not limitation, the following: inadequate safety equipment, THE RELEASEES’ OWN NEGLIGENCE, and weather conditions; and the possibility of serious physical and/or mental trauma or injury associated with such events.
For myself, my heirs, executors, administrators, legal representatives, assignees, and successors in interest (collectively “Successors”) I HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND PROMISE TO INDEMNIFY AND NOT TO SUE the Releasees and the sponsors of this event, the organizer and any promoting organizations, property owners, law enforcement agencies, all public entities, special districts and properties, and their respective agents, officials, and employees through or by which the events will be held, (the foregoing are also collectively deemed to be Releasees), FROM ANY and all rights and CLAIMS INCLUDING CLAIMS ARISING FROM THE RELEASEES’ OWN NEGLIGENCE, which I have or which may hereafter accrue to me, my family members and friends, and from any and all damages which may be sustained by me, my family and friends, directly or indirectly, in connection with, or arising out of, my participation in or association with the event, including the use of or entering of any buildings, picnic areas, parking areas, sports fields or other facilities located at Piedmont Park or travel to or return from the event.
I agree it is my sole responsibility to be familiar with the event location, the Releasee’s rules, and any special regulations for the event. I understand and agree that situations may arise during the event which may be beyond the immediate control of the event officials or organizers, and I must continually participate so as to neither endanger myself nor others. I accept responsibility for the condition and adequacy of my equipment. I have no physical or medical condition which to my knowledge, would endanger myself or others if I participate in this event, or would interfere with my ability to participate in this event.
I agree, for myself and my successors, that the above representations are contractually binding, and are not mere recitals, and that should I or my successors assert my claim in contravention of this agreement, the asserting party shall be liable for the expenses (including legal fees) incurred by the other party or parties in defending, unless the other party or parties are finally adjudged liable on such claim for willful and wanton negligence. This agreement may not be modified orally, and a waiver of any provision shall not be construed as a modification of any other provision herein or as consent to any subsequent waiver of modification.
Every term and provision of this agreement is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable.
CONSENT AND RELEASE OF PARENT OR GUARDIAN
I am the parent or guardian of (Child). My Child is fit and I consent to my Child’s participation. I HAVE READ AND I UNDERSTAND THE RELEASE AGREEMENT. In consideration of allowing my Child to participate, I consent to it and agree that ITS TERMS SHALL LIKEWISE BIND ME, MY CHILD, my heirs, legal representatives, and assignees. I HEREBY RELEASE AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROM EVERY CLAIM AND ANY LIABILITY that I or my Child may allege against the Releasees (including reasonable attorney’s fees or costs) as a direct or indirect result of injury to me or my Child because of my Child’s participation in the event, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or others. I PROMISE NOT TO SUE RELEASEES on my behalf or on behalf of my Child regarding any claim arising from my Child’s participation in the event.