Release of Liability, Assumption of Risk,
Indemnification and Participation Agreement
I am at least 18 years of age and otherwise legally competent to sign this agreement.
Or
I am the parent and/or legal guardian of, a minor child, and legally competent to sign this agreement on his or her behalf.
I, the undersigned individual, on behalf of myself and/or my minor child and desire to be allowed to use Floreline Partners, LLC d/b/a Oodazu (“Floreline Partners”) facilities located at 800 Miami Circle, #130, Atlanta, Georgia 30324 and/or to participate in activities that are sponsored by Floreline Partners. In consideration of Floreline Partners permitting me and/or my minor child (collectively, the “Participant”) to use such facilities and/or to participate in or observe activities, I have agreed to execute this Release of Liability, Assumption of Risk, Indemnification and Participation Agreement (the “Release”) on behalf of the Participant.
I AGREE TO ASSUME ALL RISK OF INJURY AND/OR DEATH THAT MAY OCCUR AS A RESULT OF THE PARTICIPANT USING ANY AND ALL OF THE FACILITIES OF FLORELINE PARTNERS.
I HEREBY ACKNOWLEDGE AND AGREE to the following:
ASSUMPTION AND ACKNOWLEDGEMENT OF RISK:
I hereby acknowledge, accept and agree that the sports activities and the use of Floreline Partners facilities, participation in Floreline Partners activities and/or observation of such activities involves inherent risks. I have received full information regarding Floreline Partners facilities and have had the opportunity to ask questions that I wished. I understand that no amount of care, caution, instruction or expertise can eliminate the inherent dangers associated with these and other activities. I have examined the Floreline Partners facilities and have full knowledge of the nature and extent that the use of facilities, including, but not limited to:
a. all manner of injury resulting from falling, hitting the floor, people or projections, whether permanently or temporarily in place;
b. rope abrasion, entanglement and other injuries resulting from activities such as, but not limited to, climbing, lowering on ropes, rescue systems and any other use of ropes;
c. injuries resulting from the actions or omissions of others, including but not limited to falling or being hit by other participants or equipment or personal effects;
d. cuts and abrasions resulting from contact with any surface within or immediately outside the Floreline Partners facilities;
e. failure or misuse of any and all Floreline Partners equipment and facilities;
f. failure to follow Floreline Partners employee instruction or failure to ask for information or assistance.
I further acknowledge that the above list is not inclusive of all possible risks associated with the use of Floreline Partners facilities and equipment and in no way limits the extent or reach of this assumption of risk, release of liability and indemnification.
I confirm that the Participant is physically and mentally capable of participating in the use of Floreline Partners facilities. I understand that if there is a change to said mental or physical condition after the execution of this Release such that the Participant is not capable of participating in the activity or using the equipment, I am obligated to cease participation by the Participant immediately.
I acknowledge that there are certain dangers associated with the use or participation in activities at Floreline Partners facilities other than the use of Floreline Partners facilities, equipment or activities, including, but not limited to participation in birthday parties, camps or yoga classes.
2. RELEASE AND INDEMNIFICATION
I agree to accept and assume all of the risks existing in the activities available at Floreline Partners facilities, both known and unknown, either caused or alleged to be caused by the negligent acts or omissions of Floreline Partners, its owners and employees. My participation is purely voluntary and I elect to participate in spite of the risks. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Floreline Partners, its officers, owners, affiliates, agents and employees; the landlord of Floreline Partners, the designers and engineers, manufacturers, installers or distributors of Floreline Partners equipment, and any of their respective members, officers, directors, employees, agents, representatives, as well as any other persons, corporations or other entities that might have any liability to the Participant (collectively, the “Released Parties”), from and against any and all damages, actions, claims, suits, demand actions and liabilities, whether known or unknown, anticipated, suspected or unsuspected, now or any time in the future, in any way relating to or arising from any activity, occurrence or event, whether supervised or not, including, without limitations all claims for property damage, personal injuries or wrongful death involving Floreline Partners or any of the Released Parties, including claims that allege negligent acts or omissions with the exception of gross negligence or intentional, willful or wanton misconduct.
Floreline Partners facilities may contain cameras, photographic and video, and web-cams and I consent to use of such devices. I understand that during the use of the facilities, web-cams and cameras may record my activities. Floreline Partners reserves the right to use the Participant’s likeness or image as well as any video or photographs recorded by the cameras, web-cams or other devices. I hereby grant Floreline Partners right to use my likeness or image and any and all video recorded by the cameras and web-cams for any purpose.
I understand and agree that Floreline Partners and its personnel reserve the right to deny access to its facilities to any individual, permanently or for any specified period of time, for any breach of Floreline Partners’ policies, rules and regulations, or for any conduct that is viewed as unsafe or inappropriate.
I further understand and agree that I am solely responsible for my minor child’s or my own personal property while it is at Floreline Partners; Floreline Partners and its personnel assume no responsibility for any lost or stolen personal property. I also understand and agree that it is my responsibility to keep all personal property under observation or secured. If I or my minor child become the victim of a theft, I will report it immediately to Floreline Partners personnel.
I further understand and agree that a parent or legal guardian must remain at Floreline Partners with any minor child under the age of 3, and that Floreline Partners personnel will not monitor any minor child age 3 and under who is dropped off. Floreline Partners will assume no responsibility if said minor child age 3 and under should leave the facilities without the parent or guardian’s consent.
Should Floreline Partners or anyone acting on its behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
3. GOVERNING LAW, JURISDICTION, WAIVER OF JURY TRIAL, ARBITRATION AND SEVERABILITY;
This Release shall be governed by Georgia law, without regard to its conflict of law rules, including its validity and enforceability, and construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING ANY RELEASED PARTY. I agree that if any portion of this Release is held to be invalid, void or unenforceable, the remaining portions shall nonetheless remain in full force and effect.
FURTHERMORE, I agree that any controversy, dispute or claim I have arising out of or in connection with any Released Party or this Release shall be submitted for resolution through final and binding arbitration. Any Court of competent jurisdiction may enforce these arbitration provisions, and judgment on the award may be entered in any court having jurisdiction. In the award, the arbitrator may allocate all or part of the costs of the arbitration, including the arbitrator’s fees, and the reasonable attorneys fees of the prevailing party.
This agreement shall be effective and binding upon the heirs, next of kin, executors administrators and assigns of the Participant, in the event of the death of the Participant. By signing this agreement, I waive the right to bring a court action to recover compensation or obtain any other remedy for any injury to the property or person of the Participant or for the death of the Participant, however caused, arising out of the use of Floreline Partners facilities, now or at any time in the future, whether caused by Floreline Partners’ negligence or that of its officers, agents or employees. I agree to pay for all legal fees accumulated by Floreline Partners, incurred by any claims made by me or on behalf of the Participant.
TO BE SIGNED BY THE PARTICIPANT OR PARENT OR LEGAL GUARDIAN OF A MINOR CHILD:
This Release of Liability, Assumption of Risk, Indemnification and Participation Agreement shall be effective and binding upon me and upon my assigns, heirs, representatives, executors and administrators. Participation in activities at Floreline Partners is purely voluntary, and participation is elected in spite of the risks. I certify that I have adequate insurance to cover any injury or damage the Participant may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that there is no medical or physical condition that could interfere with the Participant's safe participation in the activities at Floreline Partners. I have had sufficient opportunity to read this entire document and to ask any questions that I might have about it. By signing this document, I acknowledge that if anyone is hurt or property is damaged during the Participant’s participation in activities at Floreline Partners, I may be found by a court of law to have waived my right to maintain lawsuit against Floreline Partners or any of the other Released Parties on the basis of any claim from which they have been released herein. I further agree to indemnify, hold harmless and defend the Released Parties from and against any loss, damage, liability, expense, costs and/or attorneys’ fees arising from participation in activities at Floreline Partners by the Participant.
4. Camp Days Accident Waiver and Release of Liability Form In the event of illness, injury, and/or accident, I authorize the camp instructor or any Oodazu employee to act on my behalf. They may approve any and all non-emergency or emergency treatment and are authorized to sign any and all medical release or required form(s) on my behalf. In the event of an emergency, I understand that I will be notified of the situation as soon as practicable. I agree to pay any necessary expenses incurred in the medical treatment of my child, including, but not limited to all transportation costs to and from a medical facility, and, if necessary, transportation to my home or medical facility of choice. I understand that Oodazu may, in its sole discretion, dismiss any camp participant for inappropriate, disrespectful, or dangerous behavior at any time. In this event, I understand that I will not receive a refund of camp fees for unattended days. If my child breaks or damages any property as a result of their direct or indirect behavior, I hereby agree to pay for its repair or replacement. I understand that the risks associated with camp activities could result in injury and/or death to my child. I hereby assume these risks and, knowing them, hereby give my child permission to participate. I understand that Oodazu is not liable for any injuries or other occurrences due to indoor camp activities or related risks, and/or the actions or omissions of Oodazu camp counselors, volunteers, employees, trustees, directors, officers, or any other entities being released. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS AND IMPLICATIONS.
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