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Terms of Service
PLEASE READ CAREFULLY—THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS!
THIS RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK (the “Release”) is executed on this day by the “Participant”, in favor of FIVE STAR NTP with an address of 59 Hwy. 9 South, Dawsonville, GA 30534, its members, managers, officers, employees, contractors, volunteers, and agents (collectively, the “Releasees”).
I, the Participant, wish to participate in or assist the Releasees in conducting the event or activity named above (the “Event”). I understand that the Event (or future Events if this Release covers more than a single Event) may include, without limitation, running and walking races; competitions, which may be strenuous and physical in nature; fairs; displays; booths; educational presentations; and other events in which I may come into contact with many members of the general public, adults and children. My participation in the Event may include, without limitation, traveling to and from the Event; consuming food or drink available or provided at the Event; erecting or dismantling display materials and booths; interacting with adults and children who may be unknown to me or the Releasees; and competing in physically strenuous activities. If I wish to participate regularly in Events, this Release may remain valid for a period up to and including one (1) year, and its validity shall be determined by the dates written above.
I, THE UNDERSIGNED PARTICIPANT, FREELY, VOLUNTARILY AND WITHOUT DURESS EXECUTE THIS RELEASE TO ATTEST TO MY UNDERSTANDING AND AGREEMENT TO THE FOLLOWING TERMS:
• I, the undersigned Participant, knowingly assume the risk of injury, harm and loss associated with my involvement as a Participant at the Event.
• I, the undersigned Participant, understand that there is an inherent risk in connection with the Event in that my participation may include activity that is physically demanding and/or competitive, and I expressly and specifically assume the risk of injury or harm related to such activities and release, indemnify, and hold harmless the Releasees, to the fullest extent permitted by law, from any and all liability for loss, cost, expense, injury, illness, death or property damage resulting directly or indirectly from my involvement in the Event as a Participant. I acknowledge that such risk is increased if I am overweight or unaccustomed to strenuous exercise and assume all known and unknown risks, whether or not they may be increased by the condition of my physical or mental health.
• I, the undersigned Participant, understand and acknowledge that the Releasees do not assume any responsibility for or obligation to provide financial or other assistance, including but not limited to medical, health or disability insurance in the event of injury, illness, death or property damage. I understand that the Releasees are under no obligation to provide, carry or maintain health, medical, travel, accident, disability or other insurance coverage for any Participant, and I agree that I am solely responsible for any such costs or expenses.
• I, the undersigned Participant, hereby release and forever discharge, hold harmless and indemnify the Releasees and their successors and assigns from any and all liability, claims and demands which I or my heirs, assigns, next of kin or legal representatives may have or which may hereinafter accrue with respect to any bodily injury, personal injury, illness, death or property damage which may now or hereafter arise from or is in any way related to my participation in an Event, whether caused wholly or in part by the negligence, fault or other misconduct of the Releasees or of other Participants.
• I, the undersigned Participant, agree that, in the case of injury or medical emergency, the Releasees may seek on my behalf, or administer to me, such first aid or emergency medical care is deemed necessary for my welfare, but that the Releasees are under no special obligation to do so. Any cost or liability associated with such services received during my participation in an Event shall be solely my responsibility and not that of the Releasees.
• I, the undersigned Participant, expressly agree that this Release shall be governed by Georgia law, and, to the extent Georgia law may not apply, is intended to be as broad and inclusive as permitted by the laws of the state where the Event takes place. I further agree that in the event any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining clauses or provisions of this Release, which shall continue in full force and effect.
• I, the undersigned Participant, hereby grant and convey unto FIVE STAR NTP all right, title and interest in any and all photographs and video or audio recordings of or including my image or voice, made by any of the Releasees in connection with an Event, including, without limitation, the right to use and publish such photographs or recordings for any purpose, without notice to me, and to any royalties, proceeds or other benefits derived from them.
I, the undersigned Participant, understand that the event is designed to be family orientated and a positive experience. If I, or anyone in attendance with me displays unsportsmanlike conduct towards any other participant, spectator, volunteer, sponsor, or staff; I will be removed from premises and removed from any and all results with no refunds.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
If the Volunteer/Participant is under 18 years of age, I, a parent having legal custody or the legal guardian of the Volunteer/Participant also hereby release and forever discharge the Releasees, for myself and on behalf of such minor Volunteer/Participant, from any claim whatsoever in connection with the Event, including, without limitation, a claim which arises or may hereafter arise on account of the decision by any representative or agent of the Releasees to exercise the power to consent to medical or dental treatment on behalf of the Volunteer/Participant.