J19 Adventure Park, LLC 

34°30′27.4′′N 84°30'01.1′′W 

770-894-2343 

WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT 

PLEASE READ THIS WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT CAREFULLY. THIS AGREEMENT INCLUDES A WAIVER OF LEGAL RIGHTS AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT AND DEPRIVES YOU OF THE RIGHT TO FILE A LAWSUIT AGAINST J19 ADVENTURE PARK, LLC AND EACH OF ITS RELATED, CONSTITUENT, OR AFFILIATED ENTITIES AND OTHER PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS CONSEQUENCE. 

PLEASE READ EACH PAGE OF THIS AGREEMENT AND INITIAL. 

IN CONSIDERATION of J19 Adventure Park, LLC and each of its related, constituent, or affiliated entities (hereinafter referred to as "Adventure Park"), allowing me to participate in any activity which includes without limitation, riding jeeps, riding all-terrain vehicles, motorcycles or any other type of motorized and/or non-motorized vehicle or equipment on the property of the Adventure Park, camping, hiking, fishing, swimming, trail riding, picnicking, nature study, sightseeing, equine, spectator activity, or any other activity offered at the Adventure Park, I, for myself, and on behalf of my spouse, children, parents, guardians, heirs, next of kin, any legal and personal representative, executors, administrators, successors, and assigns, do hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement: 

1. I hereby represent that (i) I am in good health and in proper physical condition to participate in the activities in which the Park provides; (ii) All minors/wards under my care are in good health and in proper physical condition to participate in the activities in which the Park provides; (iii) I am not now under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in activities; (iv) I have not been advised against activities by a health professional; (v) I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the activities the Adventure Park provides; and (vi) I further certify that I am willing to assume the risk of injury or death caused or aggravated by any medical or physical condition that I may have. 

2. I understand and acknowledge the physical and mental rigors associated with the activities in which the Adventure Park provides and realize that such activities are inherently dangerous and represent an extreme test of a person's physical and mental limits. I understand that participation involves risks and dangers which include, without limitation the potential for serious bodily injury, sickness and disease, broken bones, sprained or torn muscles, tendons or ligaments, internal injuries, brain injuries, paralysis, permanent disability, death, or other bodily injury, loss of or damage to equipment/property, exposure to extreme conditions and circumstances, accidents, contact or collision with other participants, spectators, vehicles or other natural or manmade objects, dangers arising from adverse weather conditions, imperfect ground conditions, water, road and surface hazards, equipment failure, inadequate safety measures, participants of varying skill levels, situations beyond the immediate control of the Adventure Park, and other undefined risks and dangers which may not be readily foreseeable or are presently unknown. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities of the Adventure Park. I understand that these risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of other participating in activities, or the acts, inaction, or negligence of the Released Parties defined below. Despite all known and unknown risks, I hereby expressly assume all risks associated with participation in the activities offered by J19 Adventure Park, LLC and voluntarily remise, release, acquit, satisfy and forever discharge J19 Adventure Park, LLC, its equipment suppliers, course designers, builders, and all Released Parties, and agree to hold them harmless of and indemnify them from any and all manner of action and actions or omission(s), causes of action, suits, debts, dues, sums of money, accounts, bills, controversies, agreements, promises, damages, judgments, executions, expenses, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by J19 Adventure Park, LLC and/or the Released Parties, whether the action arises out of any damage, loss, personal injury, or death to me or my child(ren)/ward(s), while participating in or as a result of participating in any of the activities of the Adventure Park. This Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement is effective and valid regardless of whether the damages, loss or death is a result of any act or omission on the part of J19 Adventure Park, LLC and/or the Released Parties, and I hereby expressly assume all such risks and responsibility for any damage, liabilities, losses or expenses which I incur as a result of my participation in the activities provided by the Adventure Park. 

3. In consideration of being allowed, along with my spouse, and/or my minor child(ren)/ward(s) to participate in the activities of the Adventure Park, I hereby assume all risk of damage, loss, personal injury, or death to myself, my spouse, partner and/or my minor child(ren)/ward(s) as a result of the participation in activities of the Adventure Park in or about the facility, including any such loss due to any negligence of J19 Adventure Park, LLC and all Released Parties, and hereby agree to indemnify and hold harmless J19 Adventure Park, LLC and all Released Parties from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever paid, incurred and/or suffered by J19 Adventure Park, LLC and all Released Parties, including, but not limited to, any and all attorneys' fees, costs, damages and/or judgments J19 Adventure Park, LLC and all Released Parties incur in the event that I, my spouse, partner or my minor child(ren)/ward(s) cause any injury, damage, and/or harm to J19 Adventure Park, LLC and all Released Parties, and/or any and all other persons and entities acting in any capacity on behalf of J19 Adventure Park, LLC and all Released Parties. 

4. I agree to read, be familiar with, and to abide by all Rules, Regulations, and laws established for the activities provided by the Adventure Park, which include without limitation the rules of operation and warning guidelines of equipment used in said activities, park rules and warnings, and local, state, and federal laws. I also accept sole responsibility for my own conduct and actions while participating in the activities, and the condition and adequacy of my equipment. I certify that I have explained, or will explain, the Adventure Park rules to all children/minors/ward and other individuals under my control as listed in this agreement. I acknowledge that the Adventure Park rules have been implemented for the safety of all guests, including myself and/or my child(ren)/ward(s). I acknowledge that failure to follow the rules could result in serious injury or death to, as well as the expulsion of, myself and/or my child(ren)/ward(s) from the Adventure Park. 

5. I hereby grant full permission to the Adventure Park and/or any and all agents authorized by them to use any photographs, videotapes, motion pictures, recording and any other record of activity or events for any legitimate purpose. 

6. I hereby Release, Waive, and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: J19 Adventure Park, LLC, Land Frat, LLC, each of its related, constituent, or affiliated entities, including their Insurers, Promoters, Directors, Sponsors, Advertisers, Law Enforcement Agencies and other Public Entities providing support for the activities, and each of their respective parent, subsidiary and affiliated companies, owners, principals, officers, directors, partners, shareholders, members, agents, employees, representatives, participants, clients, customers, invitees, employees, independent contractors, facility operators, landlords and/or premises owners, volunteers, and any and all other persons and entities acting in any capacity on behalf of those herein named (Individually and Collectively, the "Released Parties"), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and attorneys' fees) of any kind or nature ("Liability") which may rise out of, or relate to my participation in the Adventure Park activities, including claims for Liability caused in whole or in part by the negligence of the Release Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which any may be incurred as a result of such claim. 

7. I hereby warrant that I have read this Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement carefully. I understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. My signature is relied on by the Released Parties for the engagement in activities at the Adventure Park. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is intended to be as broad as Georgia laws allow and to be controlled by Georgia law. 

8. Participant, by participant's execution of this agreement, acknowledges and agrees that participant shall at all times wear all safety restraints as available at the time of the participation of the Adventure park activities, and will at all times take all protective measures necessary, without prompting or reminding by the Adventure Park. This shall include the use of seat belts and helmets when applicable. If participant is the operator of any equipment, participant shall not allow, authorize, or otherwise acquiesce in the use of any safety measures available by any riders or other passengers of any such equipment operated by participant. Participant acknowledges, represents, warrants, and states that participant has reviewed, or will review, all on-product warnings, labels, and instructional material concerning all helmets worn or otherwise used by the participant. Participant further acknowledges and agrees that a helmet and/or seat belt is in no way a guarantee of safety and that no helmet or seat belt can protect the wearer of all foreseeable impacts to the head or body, and that any use, riding, or operation of any equipment and other related activities can expose participant to forces that exceed the limits of protection provided by a helmet or seat belt. 

9. I understand and agree that J19 Adventure Park, LLC and the Released Parties named above will not pay for, nor be responsible for, any cost or expenses incurred by me, my spouse, and/or my child(ren)/ward(s) if said individuals are injured at the Adventure Park and that I am expressly waiving all rights that I, my spouse or my child(ren)/ward(s) may have to pursue a claim for any such costs or expenses. I promise to indemnify J19 Adventure Park, LLC and the Released Parties named above for any and all costs incurred by J19 Adventure Park, LLC and the Released Parties based on injury incurred by me or a ward/minor in my care, I also agree to indemnify J19 Adventure Park, LLC and the Released Parties named above for any and all attorneys' fees and/or costs incurred by J19 Adventure Park, LLC and the Released Parties named above to enforce this Agreement, including all costs associated with the defense of any claims or suits and the costs of any collection efforts. 

10. This Waiver of Legal Rights and Release of Liability, Assumption of Risk, and Indemnity Agreement is in effect from the date of signing and is continuing in nature. This Waiver of Legal Rights and Release of Liability, Assumption of Risk, and Indemnity Agreement will have full force and legal effect each and every time I or my child(ren)/ward(s) visit the J19 Adventure Park, LLC. 

11. ARBITRATION/VENUE: Any controversy between the parties hereto involving any claim arising out of or relating to any injury, death or other damages occurring at J19 Adventure Park, LLC or arising out of any breach of agreement, shall be submitted to and be settled by final and binding arbitration in Pickens County, Georgia, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. In the event an arbitration award is made, I agree that the sole and exclusive venue for the enforcement of any award shall be in the courts of Pickens County, Georgia. I further agree that this agreement shall be governed by and construed in accordance with the laws of the State of Georgia which shall apply without regard to any conflict of laws rules. The parties agree that the situs and venue of any suit commenced under this Agreement shall be Pickens County, Georgia. Parties further agree that this agreement shall be deemed to have been entered into in Pickens County, Georgia. I also agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. 

Initial Here- By initialing here, you acknowledge that you have read and agree to the arbitration provision recited above. 

12. By signing this document, I understand that I may be found by an arbitrator or court of law to have forever waived my and my spouse's, partner's and/or child(ren)/ward(s)'s rights to maintain any action against J19 Adventure Park, LLC and the Released Parties, and that I have assumed all risk of damage, loss, personal injury, or death to myself, my spouse, partner and/or my minor child(ren)/ward(s) and agreed to indemnify and hold harmless J19 Adventure Park, LLC and the Released Parties named herein, as a result of the participation in the activities in or about the Adventure Park by myself, my spouse, partner and/or child(ren)/ward(s) and/or claims asserted by myself, my spouse, partner and/or child(ren)/ward(s) against J19 Adventure Park, LLC and the Released Parties related in any way to participation in the Adventure Park activities. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, and/ or have voluntarily waived my right to do so. I understand this Agreement and knowingly and voluntarily agree to be bound by all terms and conditions set forth herein. 

BY SIGNING THIS AGREEMENT I AM KNOWINGLY AND VOLUNTARILY GIVING UP MY RIGHTS AND THE RIGHTS OF MY SPOUSE, PARTNER AND/OR CHILD(REN)/WARD(S) TO SUE J19 ADVENTURE PARK, LLC, FOR ANY INJURY, INCLUDING PARALYSIS OR DEATH, CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR FAULT OF J19 ADVENTURE PARK, LLC INCLUDING ANY OF ITS OWNERS, AGENTS, EMPLOYEES, EQUIPMENT SUPPLIERS AND THE RELEASED PARTIES NAMED HEREIN.