PARTICIPANT WAIVER, LIABILITY RELEASE, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT INCLUDES A WAIVER OF LEGAL RIGHTS AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT WHICH DEPRIVES YOU OF THE RIGHT TO FILE A LAWSUIT AGAINST BEARGRASS, LLC, 1893, LLC AND ANY OF ITS RELATED, CONSTITUENT, OR AFFILIATED ENTITIES AND ANY OTHER PARTIES HOSTING ACTIVITIES OR PROVIDING SERVICES ON THE PROPERTY. BY AFFIXING YOUR SIGNATURE BELOW, YOU ATTEST THAT YOU AGREE TO ABIDE BY ALL TERMS AND CONDITIONS AND WAIVE YOUR LEGAL RIGHTS AND FURTHER RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFY ALL PARTIES AS DESCRIBED HEREIN.
In consideration of property owned and/or operated by Beargrass, LLC, 1893, LLC and any of its related constituent or affiliated entities (hereinafter referred to as the “Property”), allowing participation in any activities on the Property which may include without limitation, operating or riding or participating on motorized or non-motorized vehicles or watercraft of any type, equine riding, camping, fire pits, fire rings, bonfires, hiking, rock climbing, tree climbing, repelling, zip lines, fishing, wading, swimming, tubing, kayaking, picnicking, nature study, sightseeing, spectator activity, using firearms, axes, knives, saws, or other tools of any type, and any other activity not specifically listed (hereinafter referred to as “Activities”). I acknowledge that as the responsible party in my group that my signature for myself, and all persons hosted in my group for whom I am responsible to include: my spouse or partner, children, or parents, passengers or associates (hereinafter referred to as “My Group”); to inure to my and/or their guardians, heirs, next of kin, any legal entity or legal representatives, executor, administrator, successor, or assigns; do herby agree to and make the following contractual representations pursuant to this Waiver and Liability Release, Assumption of Risk, and Indemnity Agreement:
I acknowledge that my participation in any, and all activities on the Property are completely voluntary, unguided, and entail anticipated and unanticipated risks that could include without limitation the potential for serious bodily injury, emotional injury, sickness, disease, broken bones, sprained or torn muscles, tendons, or ligaments, internal injuries, brain injury, paralysis, disability, or even death, due to circumstances beyond the control of the Property. I understand that such risks simply cannot be entirely eliminated without jeopardizing the unique qualities of the Activities offered. I will evaluate each Activity for suitability to my equipment, my own skill level, and the ability of My Group, for which I am responsible, to safely complete the Activity. In exchange for my participation in any, and all Activities offered, I assume my own risk and the risk of My Group and fully release and indemnify the Property of any liability for participation in these Activities.
2. I hereby attest that (I) I, and all parties within My Group are in adequate health, mental clarity, and physical condition to participate in the activities offered at the Property; (II) I, nor any within My Group are currently, nor will become under the influence of alcohol or any illicit or prescription drugs which could in any way impair our ability to safely participate in activities on the Property; (III) I further attest that I am willing to assume the risk of injury or death for myself or any parties within My Group caused by a medical, mental, or physical condition, use of alcohol or substances.
3. As the responsible person for My Group, I assume all risk and fully release and Indemnify the Property of any liability for any equipment, tools, equine, vessels, or vehicles (hereinafter referred to as “Possessions”) brought onto the Property by myself or My Group. I further attest that My Group has been fully trained, understands how to properly use, and are competent to correctly operate any of these Possessions. At all times, myself and My Group shall wear any safety gear and restraints or floatation devices as necessary while using these Possessions. I attest that any Possessions brought onto the Property comply with all legal and statutory requirements as required by law. I understand that participation in and spectating of Activities on the Property may also lead to damage to these Possessions through situations beyond the control of the Property. I, for myself and My Group, assume all risk and will insure or self-insure these Possessions.
4. I hereby grant full permission to the Property and/or its agents to use any photographs, video clips, or recordings of any type for legitimate purposes.
5. I understand that risks may be caused in whole or in part by my or My Group’s actions or inactions, or actions or inactions of 3rd parties, acts of God or nature, or the acts, inaction, or negligence of the Property. Despite all known and unknown risks, I hereby expressly assume all risks associated with participation in or spectating of the Activities offered by the Property and further voluntarily remise, release, acquit, satisfy and forever discharge the Property and any of its related, constituent, or affiliated entities, and any parties hosting Activities or providing services on the Property and agree to hold them harmless of and indemnify them from any and all manner of action(s) or omission(s), causes of action, suits, claims or demands whatsoever, in law or in equity, to include and not be limited to any and all claims which allege negligent acts or omissions committed by the Property and / or released parties (see below), whether the action arises out of any damage, loss, injury, or death to me or my child(ren), ward(s), spouse, partner, or any other person in My Group while engaged in or spectating of any Activity on the Property.
6.I hereby Release, Waive and Covenant not to Sue and further agree to Indemnify, Defend and Hold Harmless the following parties: BEARGRASS, LLC, 1893, LLC AND ANY OF ITS RELATED, CONSTITUENT, OR AFFILIATED ENTITIES AND ANY OTHER PARTIES HOSTING ACTIVITIES OR PROVIDING SERVICES ON THE PROPERTY (released parties), with respect to any liability claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court cost and attorneys’ fees) of any type or nature of liability which could be related to participation in or spectating of Activities on the Property, including claims for liability caused in whole or part by negligence of the aforementioned parties. I further agree that if despite this agreement, I, or anyone on my behalf or in My Group 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.
7.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 the Property or arising out of any breach of Agreement, shall be submitted to and 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, the sole and exclusive venue for the enforcement of any award shall be in the courts of Pickens County, Georgia. All parties agree that the situs and venue of any suit commenced under the Agreement shall be in Pickens County, Georgia. All parties further agree that this Agreement shall be deemed to have been entered into in Pickens County, Georgia.
8.I warrant that I have read this Waiver and Liability Release, 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 my spouse or partner, passengers or associates, children, or parent guardians, heirs, next of kin, any legal entity or legal representatives, executor, administrator, successor, or 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 unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement is the complete understanding between the parties and no other verbal representations, statements, or inducements have been made. My signature is relied upon by the released parties for the engagement in Activities at the Property. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision is severed from the Agreement and shall not affect the validity and enforceability of the remaining provisions of the Agreement. This Agreement is intended to be as broad as Georgia laws allow and to be controlled under Georgia law.
9.As governed by Georgia laws:
“An owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on the premises to persons entering for recreational purposes OCGA 51-3-22”. "Recreational Purposes includes, but is not limited to, any of the following or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports, and viewing or enjoying historical, archeological, scenic, or scientific sites OCGA 51-3-21”. “Under Georgia law, an owner or operator of a fishing location is not liable for an injury to or the death of a participant from the inherent risks of fishing, including but not limited to drowning OCGA 27-4-283”. "Warning Under Georgia law, there is no liability for an injury or death of a hunting or fishing participant at least 18 years of age conducted at this location if such injury or death results from the inherent risks of such hunting or fishing activity. Inherent risks of hunting or fishing activities include, but shall not be limited to, the potential of you to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this hunting or fishing activity OCGA 27-3-1". "Warning Under Georgia law, there is no liability for an injury or death of a participant at least 18 years of age in a registered agritourism activity conducted at this registered agritourism location if such injury or death results from the inherent risks of such agritourism activity. Inherent risks of agritourism activities include, but shall not be limited to, the potential of you to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this registered agritourism activity OCGA 51-3-31”. "Under Georgia law, an owner or operator of a pick-your-own farm location is not liable for an injury to or the death of a participant from the inherent risks of harvesting agricultural products OCGA 2-14-153". WARNING 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 OCGA 4-12-4”.
10. All sales are final. No refunds will be issued for any reason, including but not limited to cancellations, no-shows, early departures, weather conditions, changes in personal plans, or dissatisfaction after services have been rendered. By completing your purchase or reservation, you acknowledge and agree to this No Refunds Policy.
Responsible Person: By my signature below, I attest that I have fully read and understand this participant waiver, liability release, assumption of risk, and indemnity agreement. Furthermore, being the responsible person of my group and by my signature below, I ensure that myself and all persons within my group shall abide by and be bound by all terms of this agreement as listed above.