ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS,
INDEMNITY, AND COVENANT NOT TO SUE
(18 years and older)
BY SIGNING THIS DOCUMENT ON THE REVERSE SIDE, YOU WAIVE AND RELEASE CERTAIN LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO SUE OR
CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
UNDER GEORGIA LAW, AN EQUINE ACTIVITY SPONSOR OR EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES, PURSUANT TO CHAPTER 12 OF TITLE 4 OF THE OFFICIAL
CODE OF GEORGIA ANNOTATED.
My name is and I am years old and of sound mind. I am executing this Assumption of Risk, Release of Liability, Waiver of Claims, Indemnity and Covenant Not to Sue (herein, “Release and Waiver”) because I wish to participate in certain activities offered by Allie Zorn Equestrian, Inc. (“AZE”) and arranged either by Sea Island Company, LLC or its affiliates (collectively “SIC”) or directly byAZE on property owned by SIC and/or Frederica Estates, LLC (“FE”), which involve inherent risks and hazards. For the purposes of this Release and Waiver, “Activities” means all activities in any way related to observing, touching, and/or riding a horse, pony, mule, donkey or hinny and the use of all equipment, tack and facilities associated with or related to the Activities. 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 and instruction sessions; accidents which may occur during travel to drop off and pick up locations; equipment failure; sudden and unexpected movement of the equine or the equipment; uneven or dangerous land conditions; dangerous tidal conditions and currents; underwater, buried or hidden hazards; encounters with domestic or wild animals and aquatic life; organisms in the water or the sand; objects (buried, fixed, floating, or submerged) on the beach or in the water; sandbars; sudden changes in water depth, weather, water conditions, surfaces and currents; sun and wind exposure; hypothermia; heat stroke; and the negligence of representatives of AZE, SIC or FE. In consideration of my participation in the Activities offered by AZE which have been conditioned on my execution of this Release and Waiver, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, I hereby acknowledge and agree as follows: 1. I acknowledge and agree that the physical exertion required by the Activities and the forces exerted on my body during my participation in the Activities may aggravate pre-existing injuries, conditions, symptoms, or congenital defects, and that I have been advised to seek medical advice if I know or suspect that my physical condition may be incompatible with the Activities. With this acknowledgement, I certify that I am physically and mentally fit to safely participate in the Activities and that I have the knowledge, skill, and ability to safely participate in the Activities. I covenant and agree that I will abide by all rules, policies, procedures, and instructions of AZE, SIC and FE, whether provided verbally or in writing, relating to my participation in the Activities, and that I 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, is inherently dangerous and involves risks and hazards, known and unknown, including without limitation those expressly set forth above; (b) neither SIC nor FE is legally responsible for my personal safety or the safety of my property during or as a result of my participation in the Activities; (c) in the event of an accident, rescue and medical treatment may not be available; and (d) in the event rescue operations or medical treatment are performed, my injuries may be made worse by negligent rescue operations or procedures. 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, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF AZE, SIC OR FE. I ACKNOWLEDGE THE FOREGOING LIMITATION ON LIABILITY ESTABLISHED BY GEORGIA LAW. 3. I release, waive and forever discharge each of SIC and FE, their affiliates, successors and assigns, and its and their members, managers, officers, directors, shareholders, employees, and agents (collectively, the “Released Parties”) from any and all liability, loss, damage, expense, or injury, including death, that I may suffer, or that my 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 from risks or hazards inherent in the Activities. 4. I waive any and all claims that I have or may in the future have against any of 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 any of the Released Parties. 5. I covenant and agree to and shall indemnify, defend, save, and hold harmless each Released Party from and against any and all liability, loss, damage, cost 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 any of the Released Parties. 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 any of the Released Parties. 7. I agree that this Release and Waiver shall be governed by the laws of the State of Georgia without giving effect to conflict of laws. If any provision of this Release and Waiver is held invalid, the remaining provisions shall continue in full force and effect. This Release and Waiver supersedes all prior and contemporaneous discussions, understandings, agreements, representations and warranties, both written and oral, between AZE, SIC and/or FE and me with respect to the Activities. I confirm that I have read and understood this Release and Waiver prior to signing it, and I am aware that by signing this Release and Waiver I am waiving certain legal rights which I or my executors, personal representatives, heirs, or next of kin may have against the Released Parties. 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, release of liability, waiver of claims, indemnity and covenant not to sue, to the greatest extent allowed by law.
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