Loading...

AGREEMENT TO ASSUME ALL RISKS; RELEASE OF LIABILITY
AGREEMENT NOT TO SUE & TO INDEMNIFY

Please read this contract carefully.

It releases GEORGIA MOUNTAIN COASTER INC from liability and waives certain rights.

In consideration of being permitted to participate in activities, including but not limited to the mountain coaster activity with GEORGIA MOUNTAIN COASTER INC d/b/a Georgia Mountain Coaster (“Georgia Mountain Coaster”), I, the Participant, (or if the Participant is under the age of 18, I, on the Participant’s behalf) understand, acknowledge, and contractually agree as set forth below (the Agreement):

1.Acknowledgement of Dangers and Risks: I understand, acknowledge, and agree that participating in activities and amenities, including the mountain coaster activity by or with Georgia Mountain Coaster (hereinafter the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand, acknowledge, and agree that participating in the Activity involves certaininherent dangers and risks that cannot be eliminated or controlled by Georgia Mountain Coaster, the presence of which are integral to the adventurous nature of the Activity.I understand and agree that the following list of inherent dangers and risks that could cause physical or emotional injury or death is not exhaustive – there are many other dangers or risks associated with the Activity not listed below: Risks associated with mountain coaster activities, including: exposure to heights; exposure to falls, including from great height; dizziness and/or vertigo; striking or otherwise coming into injurious contact with manmade or natural objects or obstacles; collisions with a coaster car or other participants; manmade structure malfunction or failure; equipment malfunction or failure including failure of braking devices and/or restraint system or equipment loss of power; manmade or natural objects; unsafe speed of travel for conditions or experience; pinching or tearing of limbs and digits; injury to hands and fingers; rashes and abrasions from safety restraints; lack of or inadequate shelter; errors in staff or operator judgment and/or lapse in staff or operator skill; risks associated with evacuation; slipping, tripping, or falling; track obstructions and other unmarked or obscured hazards in the outdoor environment; variations in terrain; exposure to steep terrain; wet or slippery walkways, platforms, and other surfaces; injury caused by inadequate footwear, or hair below shoulders; injuries caused by aiding other participants; exposure to various dangerous or diseased wildlife or insects, including bee, wasp, or scorpion stings, tick bites, bat bites, snake bites and venomous reptile bites; exposure to potentially poisonous plants; falling trees or limbs; temperature fluctuations; extreme or partial darkness; wind; fog; rain; sleet; hail; storms and lightning; tornados; landslides; earthquakes; wildfire; exposure to allergens, including food allergens; mental or physical shock; burns or burning associated with hot surfaces and sun exposure; the discharge of weapons in the area of Activity; mentally or physically unstable or criminal participants or others; intoxicated participants; negligence by other participants; all manner of injuries including brain injury, spinal injury, broken bones, burns, whiplash and jarring; internal injury, sickness or disease; fatigue; exposure to food-borne, water-borne, vector-borne, or airborne bacteria, virus, or pathogens; exacerbation of Participant’s own health condition(s); sunburn, heatstroke, fainting; dehydration, hyponatremia; lack of access to immediate medical care due to remote location; inadequate or incorrect medical care; poorly executed or failed rescue attempts; dangerous contact with rescue vehicles; failure or lack of communication equipment; inadequate or malfunctioning equipment; and mental, physical, or emotional injury or distress from exposure to any of the above. I understand that Georgia Mountain Coaster has done its best to list the known risks of participating in the Activity, but agree that I have the right, obligation, and opportunity to research and verify the risks of participating in the Activity.

2. Assumption of Risk: I acknowledge and agree that I am choosing to take part in the Activity despite the dangers and risks of doing so, and freely choose to accept the risks of participating in the Activity. I recognize that property loss, physical or emotional injury, and death are all possible while participating in the Activity. I expressly acknowledge and assume all inherent risks, dangers, and consequences of the Activity, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, that may result in physical or emotional injury, property damage, or death. 

3. Participant’s Responsibilities and Representations: I represent that I am physically and mentally capable of participating in the Activity. I understand the importance of all safety instructions given to me, whether in writing or verbally, and agree to follow staff and operator instructions at all times while engaging in the Activity. Further, I represent that I have had the opportunity to assess the risks of participating in the Activity and my assumption of those risks. I understand that I must stay within designated areas at all times, and that staff or operator will retrieve any personal items lost while engaging it the Activity. I represent that I am not under the influence of drugs or alcohol. I further acknowledge that, if I consume drugs or alcohol, I will bear sole responsibility for myself and for any damages I may cause to Georgia Mountain Coaster, its property, or to other guests, and I may be removed from participation in an Activity. I understand that I am responsible for truthfully disclosing and notifying Georgia Mountain Coaster of any risk to me or other participants associated with my own mental or physical conditions, including allergies that could result in anaphylaxis. I specifically and expressly agree that I have full responsibility for managing and treating any such conditions to prevent injury to myself or others. I am not relying on any prior oral, written, or visual representations made by Georgia Mountain Coaster, including in any website or promotional materials, to induce me to participate in the Activity.



4. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for Georgia Mountain Coaster’ agreement to allow the Participant to participate in the Activity, I HEREBY AGREE NOT TO SUEGEORGIA MOUNTAIN COASTER INC; its affiliated companiesand subsidiaries, or any respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, managers, or shareholders (each hereinafter a “Released Party”) for any property damage or loss (including but not limited to equipment damageor loss), injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activity. By signing this Agreement Not to Sue, I am releasing any right to make a claim or file a lawsuit against any Released Party. I agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage or lossto property arising from Participant’s participation in the Activity, INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty (but not gross negligence or intentional conduct).

5. Agreement to Indemnify: I agree to INDEMNIFY(REIMBURSE) each Released Party from and for any and all claims of the undersigned Participant and/or a third party arising in whole or in part from Participant’s participation in the Activity. In other words, if Participant and/or anyone on Participant’s behalf files any lawsuit or brings any claim for injury or damage against any Released Party, undersigned Participantwill be required to pay back to the Released Party or Parties all sums of money incurred by or paid by or on behalf of any of the Released Parties on account of the bringing of such suit or claim, including all attorneys’ fees and costs.

6. Medical Authorization: I hereby: 1) authorize the Released Party to undertake any emergency medical care for me; 2) authorize the Released Party and/or their authorized personnel to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agree that, following my transport to any such medical facility or hospital, the Released Party shall not have any further responsibility for me; 4) agree to pay all costs associated with the medical care, rescue, or any related transportation provided for me; and 5) shall hold the Released Party harmless from any claims associated with such medical care and/or related transportation.

7. Application of Agreement to Minor Participants: In the case of a minor Participant, I, as parent or legal guardian, acknowledge that I am not only signing this Agreement on my behalf, but that I am also signing on behalf of the minor and that the minor shall be bound by all of the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Participant, I understand that I am also waiving certain rights on behalf of the minor that the minor otherwise may have. I agree that but for the foregoing, the minor Participant would not be permitted to participate in the Activities and sign this document out of a desire to have the Participant be allowed to participate in the Activities. I represent that I am a legal parent or guardian of the minor Participant.

8. Representation of Capacity to Contract, and Acknowledgement That Agreement is a Binding Contract: I represent that I am at least 18 years of age, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives, and those of the Participant.

9. Agreement to Binding Arbitration: I agree that I shall promptly attempt in good faith to resolve any dispute arising out of or relating to this Agreement, and in the normal course of business, by negotiation, verbally or in writing. Either party may give the other party written notice within ten (10) days of the issuance of a notice of dispute that any such dispute has not been resolved in the normal course of business.Any and all disputes, claims or controversies arising out of or relating to this Agreement which shall not be resolved by negotiation as set forth above shall be submitted to arbitration by an experienced arbitrator mutually selected by the parties. The prevailing party shall be entitled to reasonable and necessary attorney’s fees and all reasonable and necessary costs including travel, expert fees, demonstratives, media consultants, or the like, subject to the sole discretion of the arbitrator. Fees shall bear a reasonable relationship to the amount in controversy. THIS AGREEMENT IS ACKNOWLEDGING AND HEREBY WAIVING ANY RIGHT TO A TRIAL BY JURY AND/OR ANY OTHER APPELLATE SYSTEM OF REVIEW.

10. Agreement to Application of Georgia Law and Selection of Forum: To the extent that paragraph 9, above, is not enforceable, as a matter of law, and only in such event, I agree that any and all claims directly or indirectly arising from or related to this Agreement, including any and all tort or contract claims arising from my participation in the Activity under this Agreement, shall be governed by Georgia law, and that the exclusive jurisdiction for any claim shall be in the Superior Court of White County, Georgia without regard to where the incident giving rise to any lawsuit occurs, and without regard to any jurisdiction’s conflicts of laws analysis.

11. Miscellaneous Provisions: I agree that Georgia Mountain Coaster may utilize my photograph, or video of me participating in the Activity for any purpose, and that any such image is the property of Georgia Mountain Coaster.



If any sentence, clause, paragraph or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement can be modified only in writing. An electronic signature or acknowledgment of agreement upon this contract is fully binding and enforceable, and a copy of this executed Agreement may be used as if it is the original. I agree that Georgia Mountain Coaster is not a common carrier.

I HAVE CAREFULLY READ THE FOREGOING TWO PAGE AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OR MY MINOR CHILD OTHERWISE MAY HAVE. I AGREE TO BE FULLY BOUND BY THE TERMS OF THIS AGREEMENT.

Today's Date: July 18, 2025

First Participant's Name
First Name*
Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email
Check to receive information, news, and discounts by e-mail.
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


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 Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
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.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!