BY SIGNING THIS AGREEMENT YOU WAIVE CERTAIN LEGAL RIGHTS, INCLUDING WITHOUT LIMITATION THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
I the Participant am of sound mind. I am executing this agreement because I wish to participate in certain activities offered by the Ossabaw Island Foundation and/or its staff, employees, volunteers, contractors, or other agents (collectively “TOIF”), which involve inherent risks and hazards, or because I am the parent or legal guardian of the minor(s) or ward(s) (named below) who wishes and whom I wish to participate in such activities. For the purposes of this agreement “Activities” means all activities in any way related to boat travel to and from Ossabaw Island, travel by motor vehicle or by foot on Ossabaw Island, use of the TOIF facilities, camping, and other activities on Ossabaw Island. The Activities involve risks and hazards, known and unknown, which may result in property damage and personal injury, including death, including without limitation: accidents which may occur during orientation sessions, accidents which may occur during boat travel to and from the island (including boarding and deboarding) or during travel by vehicle on the island, equipment failure, dangerous tidal conditions and currents, weather conditions, encounters with domestic or wild animals and aquatic life, organisms in the water, objects (fixed, floating, or submerged) on the beach or in the water, sandbars, sudden changes in weather, water conditions, surfaces and currents, sun exposure, wind exposure, hypothermia, heat stroke, and the negligence of TOIF or others.
In consideration of TOIF’s allowing me and/or the named minor(s) or ward(s) to participate in the Activities and permitting my use of its equipment and facilities, which have been conditioned on my execution of this agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, I hereby acknowledge and agree as follows:
1. I certify that I, and/or the named minor(s) or ward(s), am physically and mentally fit to safely participate in the Activities. I covenant and agree that I, and/or the named minor(s) or ward(s), will abide by all rules, policies, procedures, and instructions of TOIF, whether provided verbally or in writing, relating to my participation in the Activities, and that I, and/or the named minor(s) or ward(s), am not and will not be under the influence of drugs or alcohol while participating in the Activities.
2. I acknowledge that (a) participation in the Activities is voluntary; (b) participation in the Activities involves risks and hazards, known and unknown, including without limitation those expressly set forth above; (c) TOIF is not legally responsible for my personal safety of me and/or of the named minor(s) or ward(s) or the safety of my property during or as a result of participation in the Activities; (d) in the event of an accident or medical emergency, rescue and medical treatment may not be available; (e) in the event rescue operations or medical treatment are performed, my injuries may be made worse by negligent medical or rescue operations or procedures; and I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, KNOWN AND UNKNOWN, INCLUDING WITHOUT LIMITATION RISKS OF PROPERTY DAMAGE AND PERSONAL INJURY, INCLUDING DEATH, WHICH ARISE FROM OR RELATE TO, IN ANY WAY, DIRECTLY OR INDIRECTLY, MY PARTICIPATION IN THE ACTIVITIES BY ME AND/OR THE NAMED MINOR(S) OR WARD(S), INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF TOIF OR OTHERS.
3. I release, waive and forever discharge TOIF and its board members, managers, officers, directors, employees, volunteers, contractors or agents (collectively, the “Released Parties”) from any and all liability, loss, damage, expense, or injury, including death, that I or the named minor(s) or ward(s) may suffer, or that my the next of kin or legal beneficiary may suffer as a result of my participation in the Activities, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, including any duty of care owed under any applicable law, and including without limitation the failure on the part of any Released Party to safeguard or protect me or the named minor(s) or ward(s) from risks or hazards inherent in the Activities.
4. I waive any and all claims that I or the named minor(s) or ward(s) have or may in the future have against the Released Parties which arise from or relate to, in any way, directly or indirectly, my participation in the Activities, including without limitation the negligence of TOIF or others.
5. I covenant and agree to and shall indemnify, defend, save, and hold harmless the Released Parties from and against any and all liability, loss, damage, or expense, including attorneys' fees, which arise from or relate to, in any way, directly or indirectly, my participation in the Activities, including without limitation the negligence of TOIF or others.
6. I covenant and agree that I shall not commence or maintain any suit or action against any of the Released Parties in any way, directly or indirectly, related to my participation in the Activities, including without limitation any suit or action brought on account of the negligence of TOIF or others.
7. I agree that this agreement shall be governed by the laws of the State of Georgia without giving effect to conflict of laws. If any provision of this agreement is held invalid the remaining provisions shall continue in full force and effect.
This agreement supersedes all prior and contemporaneous discussions, understandings, agreements, representations and warranties, both written and oral, between TOIF and me or the named minor(s) or ward(s) with respect to the Activities.
I confirm that I have read and understood this agreement prior to signing it, and I am aware by signing this agreement I am waiving certain legal rights which I or my executors, personal representatives, heirs, or next of kin may have against the Released Parties on behalf of me and/or the named minor(s) or ward(s). I have signed it freely and voluntarily without any inducement, assurance, or guaranty being made to me. I intend my signature to constitute a complete and unconditional assumption of risk, waiver of claims, release of liability, indemnity, and covenant not to sue, to the greatest extent allowed by law. If I am a minor or ward, my parent or legal guardian has consented to my execution of this agreement and has also independently joined in the execution of this agreement as my parent or legal guardian.
Date: May 26, 2022