WAIVER AND- RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
Iron Mountain Park, LLC, Iron Mountain Resort, LLC, Iron Mountain Management, LLC and each of its related, constituent, or affiliated entities
WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A WAIVER OF LEGAL RIGHTS AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT AND DEPRIVES YOU OF THE RIGHT TO SUE IRON MOUNTAIN PARK, LLC, IRON MOUNTAIN RESORT, LLC, IRON
MOUNTAIN MANAGEMENT, LLC AND EACH OF ITS RELATED, CONSTITUENT, OR AFFILIATED ENTITIES AND OTHER PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS CONSEQUENCE.
IN CONSIDERATION of Iron Mountain Park, LLC, Iron Mountain Resort, LLC, Iron Mountain Management, LLC and each of its related, constituent, or affiliated entities hereinafter referred to as "Park", allowing me to participate in any activity which includes without limitation, riding all-terrain vehicles, motorcycles or other forms of motorized and non-motorized equipment, camping, hiking, fishing, picnicking, nature study, sightseeing, equine, or spectator activity, I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representative, executors, administrators, successors, and assigns, do hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement, hereinafter referred to as "Agreement";
1. I hereby represent that (i) I am in good health and in proper physical condition to participate in the activities in which the Park provides; and (ii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in activities; (iii) I have not been advised against activities by a health professional. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in activities.
2. I understand and acknowledge the physical and mental rigors associated with the activities in which the Park provides and realize that such activities are inherently dangerous and represent an extreme test of a person's physical and mental limits. I understand that participation involves risks and dangers which include, without limitation the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; accidents, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect ground conditions; water, road and surface hazards; equipment failure, inadequate safety measures ; participants of varying skill levels; situation beyond the immediate control of the Park; and other undefined risks and dangers which may not be readily foreseeable or are presently unknown . 1 understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of other participating in activities, or the acts, inaction or negligence of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damage , liabilities, losses or expenses which I incur as a result of my participation in activities.
3. I agree to be familiar with and to abide by the Rules, Regulations, and laws established for the activities, which include without limitation the rules of operation and warning guidelines of equipment used in said activities, park rules and warnings, and local, state, and federal laws. I also accept sole responsibility for my own conduct and actions while participating in the activities, and the condition and adequacy of my equipment.
4. I hereby grant full permission to the Park and/or any and all agents authorized by them to use any photographs, videotapes, motion pictures, recording and any other record of activity or events for any legitimate purpose.
5. I hereby Release, Waive, and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: Iron Mountain Park, LLC, Iron Mountain Resort, LLC, Iron Mountain Management, LLC and each of its related, constituent, or affiliated entities, including their Insurers,
Promoters, Race Directors, Sponsors, Advertisers, Law Enforcement Agencies and other Public Entities providing support for the activities, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees, representatives, and volunteer s (Individually and Collectively, the "Released Parties"), with respect to any liability, claim(s), demand(s) , cause(s) of action, damage(s), loss or expense (including court costs and attorneys’ fees) of any kind or nature ("Liability") which may rise out of, or relate to my participation in the activities, including claims for Liability caused in whole or in part by the negligence of the Release Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which any may be incurred as a result of such claim.
6. I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. My signature is relied on by the Released Parties for the engagement in activities at the Park. If any provision of this Agreement is held to be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is intended to be as broad as Georgia laws allow.
This Waiver of Legal Rights and Release of Liability, Assumption of Risk, and Indemnity Agreement is in effect from the date of signing and is continuing in nature.
Name of Participant (Print): Age: Date of Birth / / Name of Participant (Signature): Date: _ _Contact Information: __
Parental Consent (required if the participant is less than 19 years of age) As the Parent and/or Legal Guardian to the minor identified above, I hereby accept and agree to all of the terms and conditions of this Agreement on behalf of the minor in connection with the minor's participation in the Activities. If, despite this Agreement, I, or anyone on the minor's behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim. I further certify, covenant and warrant that the signature below as Parent and/or Legal Guardian certifies that I am the Parent and/or Legal guardian of the minor and/or have the legal authority to act on behalf and enter into this Agreement for the minor and bind the minor to its terms. I acknowledge that I am signing this Agreement individually and on behalf of the minor and the Parent and/or Legal Guardian and the minor both agree to the terms hereof.
TOTAL ARCHERY CHALLENGE WAIVER
ALL PARTICIPANTS/SPECTATORS MUST READ AND SIGN.
PLEASE READ CAREFULLY BEFORE SIGNING THE ACKNOWLEDGMENT, WAIVER AND RELEASE FROM LIABILITY.
I acknowledge that TOTAL ARCHERY CHALLENGE is a test of a person's physical and mental limits and it carries with it potential for death, serious injury and property loss. I HEREBY ASSUME THE RISKS OF PARTICIPATING IN TOTAL ARCHERY CHALLENGE AND IT'S EVENTS. I certify that I am physically fit, have sufficiently trained for participation in this event, and have not been told by anyone that I shouldn't participate. I hereby take the following action for myself, heirs, next of kin, successors and assigns, or anyone else who might claim or sue on my behalf, and I expressly acknowledge that it is my intent to take these actions: (a) I AGREE to abide by the competitive rules adopted by TOTAL ARCHERY CHALLENGE (b) I AGREE that prior to participation in an event, I will inspect the course, facilities, equipment, and areas to be used and if I believe any to be unsafe I will advise the person supervising the event, activity, facility, or area; (c) WAIVE, RELEASE, AND DISCHARGE FROM ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES FOR DEATH, PERSONALLY INJURY, PARTIAL OR PERMANENT DISABILITY, PROPERTY DAMAGE, MEDICAL OR HOSPITAL BILLS, THEFT OR DAMAGES OF ANY KIND, INCLUDING ECONOMIC LOSSES AND LOSS AND/OR STOLEN ITEMS, WHICH ARISE OUT OF OR RELATE TO MY PARTICIPATION IN, OR MY TRAVELING TO AND FROM THE EVENT, THE FOLLOWING PERSONS OR ENTITIES: TOTAL ARCHERY CHALLENGE sponsors, employees, event owners, volunteers, all states, cities, counties, or localities in which events or segments of events are held, and the officers, directors, employees, representatives, volunteers, and agents of any of the above even if such claims, losses, or liabilities are caused by the negligent acts of any other person or entity; I ASSUME THE RISKS OF PARTICIPATING IN THIS EVENT. I ALSO ASSUME ANY AND ALL OTHER RISKS associated with participating in this event all such risks being known and appreciated by me, and I further acknowledge that these risks include risks that may be the negligence of the persons or entities mentioned above in paragraph (c) or other persons or entities; (d) I AGREE NOT TO SUE ANY OF THE PERSONS OR ENTITIES MENTIONED ABOVE IN PARAGRAPH (c) for any of the claims, looses, or liabilities that I have waived, released or discharged herein; (e) I INDEMNIFY AND HOLD HARMLESS THE PERSONS AND ENTITIES MENTIONED IN PARAGRAPH (c) for any and all claims made or liabilities assessed against them as a result of (i) my actions or inaction's, (ii) the actions, inactions of negligence of others including those parties hereby indemnified; (iii) the conditions of the facilities, equipment, or areas where the event is being conducted; (iv) the Competitive Rules; or (v) any other harm caused by an occurrence related to this event, TOTAL ARCHERY CHALLENGE event, and (f) I GRANT PERMISSION for the use of my name and/or likeness relating to my participation in TOTAL ARCHERY CHALLENGE event, and I waive all right to any future compensation to which I may otherwise be entitled as a result of the use of my likeness; (g) I UNDERSTAND and accept that my entry fee is non-refundable under any circumstance. I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER. I HAVE READ THIS DOCUMENT AND UNDERSTAND ITS CONTENTS.
FOR PERSONS UNDER EIGHTEEN (18) YEARS OF AGE A PARENT OR LEGAL GUARDIAN MUST SIGN THE ABOVE RELEASE AND COMPLETE THE FOLLOWING SECTION.
1. I agree that I am personally responsible for my safety and actions while participating at Total Archery Challenge LLC (TAC). I agree to comply with all TAC policies and rules, including but not limited to all TAC policies, guidelines, signage, and instructions. Because TAC is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Total Archery Challenge LLC members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties, any third-party attending TAC, or otherwise, while participating in any activity while in, on, or around TAC and/or while using any venue facilities, tools, equipment, or materials. 2. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of the TAC and Venue facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.
3. By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in participating in TAC, to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with State law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. This waiver remains in effect until the State lists all COVID-19 related mandates.