WAIVER & RELEASE OF LIABILITY FORM PARTICIPANT AND FAMILY USER AGREEMENT This waiver is a legal document - PLEASE READ CAREFULLY
RELEASE FORM FOR EVER WILDER, STORYBROOK ACRES, 574 POSTELL RD MINERAL BLUFF GA,THIER OWNERS, AGENTS, ASSIOCIATES, AND ALL OTHER PERSONS ACTING IN ANY CAPACITY ON THEIR BEHALF.
HERINAFTER COLLECTIVELY REFERRED TO AS EVER WILDER & ASSOCIATES In consideration of Ever Wilder and associates furnishing services and/or equipment to enable my family to participate in activities associated with or enter upon the lands of Ever Wilder and associates, their agents, owners, associates, and all other persons or entities acting in any capacity on their behalf . We hereby voluntarily agree to release, indemnify, discharge, hold harmless, and covenant not to sue Ever Wilder and associates, on behalf of myself, my children, my parents, my heirs, assigns, personal representative, and/or estate for any and all claims of liability arising out of their negligence, recklessness, strict liability, breach of contract, intentional acts, or any other act or omission which causes the undersigned illness, injury, death, and damages of any nature in any way connected with our family members participating in this activity or for being upon the lands of Ever Wilder and associates. I agree as follows: We fully understand and acknowledge that: (A) outdoor recreational activities such as hiking, foraging, using tools or knives, building fires and exploring have inherent risks, dangers, and hazards and such may exist in my use of Ever Wilder and associates' property and equipment and our participation in the above mentioned activities; (B) our family member's participation in such activities and/or use of such equipment may result in injury or illness including, but not limited to bodily injury, strains, fracture, partial and/or total paralysis, death or other ailments that could cause serious disability; exposure to insect and snake bites, exposure to extreme temperatures and inclement weather, slips and falls, encounters with animals such as dogs and bears, collisions with other participants or objects, our physical conditions, and injuries and illnesses in remote areas without means of rapid evacuation or adequate medical care; (C) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of Ever Wilder and associates, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes. If our family chooses to participate in Ever Wilder and associates' activities, risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, guide decision making, misjudgment of a guide, weather, trail or course conditions, my family's ability to participate in the activity, and such other risks and/or hazards and dangers that are integral to recreational activities that take place in a wilderness, outdoor or recreational environment; and; (D) by my family's participation in these activities and/or use of equipment, we hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of Ever Wilder and associates or by any other person, and that they may arise from foreseeable or unforeseeable causes. In addition, we hereby grant permission to Ever Wilder and associates to make and use for promotion or other purposes, photographic records without recourse or compensation to me or anyone else otherwise. I, on behalf of my family, my personal representatives and my heirs or as parent or legal guardian of the undersigned participant hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Ever Wilder and associates and their owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which arise out of my use of any equipment or my participation in Ever Wilder and associates' activities or on Ever Wilder and associates' property, we specifically understand that our family is releasing, discharging and waiving any claims or actions that we may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of Ever Wilder and associates. The venue of any dispute that may arise out of this agreement or otherwise between the parties to which Ever Wilder and associates or its agents is a party shall be the District Court in Union County, Georgia. I HAVE READ THE ABOVE WAIVER AND RELEASE OF LIABILITY AND BY SIGNING IT, AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE EVER WILDER AND ASSOCIATES FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE. I FULLY RECOGNIZE AND UNDERSTAND THAT IF I (OR ANY MINOR ON WHOSE BEHALF I AM SIGNING THIS RELEASE), AM HURT, DIE, OR MY PROPERTY IS DAMAGED, I AM GIVING UP MY RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST EVER WILDER AND ASSOCIATES, EVEN IF THEY NEGLIGENTLY OR BY SOME OTHER ACT OR OMISSION CAUSE THE INJURY, DAMAGE OR DEATH. I EXPRESSLY ASSUME ALL RISK. I VOLUNTARILY SIGN MY NAME AS EVIDENCE OF MY ACCEPTANCE OF THE ABOVE PROVISIONS. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in Ever Wilder and associates activities or on Ever Wilder and associates property, or else I agree to bear the costs of such injury or damage myself. As parent or legal guardian of a participant under 18 years of age, I have read and voluntarily agreed that said minor may participate in Ever Wilder and associates activities, and I sign this release on their behalf. In addition, I give Ever Wilder and associates permission to treat said minor in case of illness, injury, emergency, or accident. Should emergency medical services become necessary for the undersigned participant or minor, the expenses are the sole responsibility of the participant. Ever Wilder and associates reserves the right to accept or deny service to any person. I hereby agree to follow all rules, regulations, and instructions of STORYBROOK ACRES, 574 POSTELL RD MINERAL BLUFF GA while upon their lands or participation in their activities. I also certify that I and any participating minors on whose behalf I am signing, are physically and mentally capable of participating in these activities.
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