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ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS, INDEMNITY, AND COVENANT NOT TO SUE

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. 

Signature:


Date: October 3, 2022

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information

Age
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information

Age
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information

Age
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information

Age
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information

Age
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information

Age
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information

Age
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information

Age
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information

Age
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information

Age
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Event Information

DATE(S) OF EVENT:
PARENT OR GUARDIAN: I hereby certify that I am of sound mind; I am the parent or legal guardian of the minor or ward who has executed this agreement; I understand the nature of the Activities and their inherent risks and activities; the minor or ward is physically and mentally fit to safely participate in the Activities; and the minor or ward has the knowledge, skill, and ability to safely participate in the Activities. I consent to the minor or ward’s execution of this agreement and I hereby assume all risk, waive claims, release liability, indemnify, and covenant not to sue, the Released Parties. By signing this agreement I adopt and ratify the provisions of this agreement as his or her parent or legal guardian, on behalf of the minor or ward, to be legally binding on the minor or ward, and me. In addition, as additional consideration for TOIF’s allowing the minor or ward to participate in the Activities and permitting his or her use of its equipment and facilities, which have been further conditioned on my execution of this agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, I 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, the minor or ward’s participation in the Activities, including without limitation the negligence of TOIF or others, and further agree that if, despite this agreement, I, the minor or ward, or anyone on his or her behalf makes a claim against any of the Released Parties, I will indemnify, defend, save, and hold harmless each of the Released Parties from any and all liability, loss, damage, or expense, including attorneys' fees, any may incur as a result of such claim.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information

Age
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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