CAMP SOUTHERN GROUND PARTICIPANT RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
I, ___________________________, on behalf of myself and my heirs, estate, representatives, successors, guardians and assigns hereby execute this Voluntary Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (“Agreement”) and agree as follows:
1. I acknowledge that I have voluntarily registered myself to visit and participate in activities on the property of Camp Southern Ground, Inc. (“CSG”) located at 100 Southern Ground Parkway, Fayetteville, GA 30215 or other locations hosting our events. CSG, Spotty Merle, LLC, Zachry Brown, each member of the Zac Brown Band and their respective affiliates and each of their respective officers, employees, directors, members, shareholders, contractors, agents, representatives, licensees and assigns are collectively referred to herein as the “Released Party(ies).” I am fully aware and acknowledge that there are known as well as unknown risks and harmful consequences to myself and others that are inherent to and associated with my visit to the CSG property and participation in the Program, including, without limitation, injury (including death), disease or other ailments or conditions that may lead to a serious disability.
2. a) BY CHOOSING TO VOLUNTARILY VISIT THE CSG PROPERTY AND PARTICIPATE IN AN EVENT, AND BY SIGNING THIS AGREEMENT, I FULLY ASSUME ALL RISKS AND HARMFUL CONSEQUENCES INHERENT TO AND ASSOCIATED WITH MY VISIT AND PARTICIPATION, INCLUDING, WITHOUT LIMITATION, THE RISK OF INJURY, DISEASE OR OTHER AILMENTS OR CONDITIONS THAT MAY LEAD TO A SERIOUS DISABILITY, WHETHER OR NOT CAUSED BY OR DUE TO THE ACTIONS, OMISSIONS, NEGLIGENCE OR GROSS NEGLIGENCE OF ANY RELEASED PARTY. I HEREBY FOREVER RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE RELEASED PARTIES, OR ANY OF THEM, FOR ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, CAUSES OF ACTION, SUITS, DEMANDS, INJURIES (INCLUDING DEATH), PROPERTY DAMAGE, DISABILITIES OR DAMAGES, INCLUDING COURT COSTS AND ATTORNEY’S FEES AND EXPENSES, OF EVERY KIND AND NATURE, RESULTING FROM MY VISIT TO THE CSG PROPERTY OR PARTICIPATION IN AN EVENT, INCLUDING WITHOUT LIMITATION, ANY CLAIMS FOR ANY INJURIES (INCLUDING DEATH) OR DAMAGES SUSTAINED AS A RESULT OF THE NEGLIGENCE OR GROSS NEGLIGENCE OF RELEASED PARTIES OR ANY OF THEM.
2. b) I acknowledge that this Agreement and the term “disease” used herein includes coronavirus, known as COVID-19. I represent that I am not experiencing symptoms of COVID-19 such as fever, cough, or shortness of breath, and have not been diagnosed with or knowingly exposed to COVID-19. I understand that by voluntarily choosing to visit the CSG property, I may be exposing myself to COVID-19 and/or increasing my risk of contracting or spreading COVID-19. I recognize that I have no right to make a claim or file a lawsuit against any of the Released Parties based on a COVID-19 exposure or injury.
3. I agree to indemnify and hold harmless any of the Released Parties from and against any and all claims, liabilities, demands, injuries (including death), property damage, disabilities or damages, including court costs and attorney’s fees and expenses, arising from my actions or omissions relating to my visit to the CSG property or my participation in the Program (whether or not caused in part by any action, omission, negligence or gross negligence of any Released Party).
4. I acknowledge and agree that (a) I do not have an injury or disease, (b) I am in sufficient mental and physical health to be fit and capable of visiting the CSG property, and (c) I am not under the influence of alcohol or any illegal or prescription drugs. I agree to comply with and follow all safety or other procedures, precautions and instructions given to me in connection with this visit. I acknowledge that any Released Party will have the right to prevent me from vesting the CSG property at any time and may request and remove myself from the CSG locations. I will promptly comply with any such request.
5. I agree that the Released Parties will have the right to photograph and record me in connection with my visit to the CSG property and to use my name, voice, likeness, photographs and recordings featuring me (collectively, “Materials”) in any manner whatsoever. Released Parties will be the owner of all Materials and will have the right (but not the obligation) to reproduce, exhibit, advertise, exploit and use, and to license others to reproduce, exhibit, advertise, exploit and use all such Materials in any and all media now or hereafter known or devised, throughout the universe, in perpetuity, without any additional compensation to me including, without limitation, the right to alter or edit such Materials. I hereby release CSG and its designees and assigns from all claims, liabilities, damages and/or costs arising out of CSG’s use of the Materials or other likeness of me.
6. a) I agree that this Agreement is intended to be as broad and inclusive as permitted by law, and that in the event any portion of this Agreement is determined to be invalid or unenforceable for any reason, the remaining provisions of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect; b) This Agreement shall be governed by and interpreted in accordance with the laws of the State of Georgia applicable to agreements entered into and wholly performed in such state, without any regard to any conflicts of laws principals. I hereby agree that the exclusive jurisdiction and venue for any action, suit or proceeding based upon any matter, claim or controversy arising between the parties hereto out of this Agreement shall be in the state of federal courts located in Fulton County, Georgia.
7. By signing this Agreement, I acknowledge and represent that I have read it, understand it and sign it voluntarily as my own free act and deed and that Released Parties have not made and I have not relied on any oral representations, statements or inducements apart from the terms contained in this Agreement. I understand I can choose not to sign this Agreement and free myself from its terms and the associated risks of visiting the grounds of CSG by simply not visiting the CSG location.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING. PLEASE NOTE THAT BY SIGNING THIS AGREEMENT YOU ARE WAIVING YOUR VALUABLE LEGAL RIGHTS AND YOU SHOULD CONSULT YOUR ATTORNEY BEFORE SIGNING THIS AGREEMENT.
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