Atlanta Cask Ale Tasting - January 29, 2011
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
DISCLAIMER AND INDEMNIFICATION
In
return for Brewtopia Events LLC, 5 Seasons Brewing and Tappan Street
Restaurants Inc. & Prado Mac LLC allowing me to voluntarily
participate in The Atlanta Cask Ale Tasting (ACAT), I agree:
1.
TO ASSUME AND ACCEPT ALL RISKS arising out of, associated with or
related to my participating in ACAT, even though such risks may have
been caused by the negligence of Brewtopia Events LLC, 5 Seasons
Brewing and/or Tappan Street Restaurants Inc. & Prado Mac LLC;
2.
TO BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which I
might sustain participating in ACAT, even though such injury, loss or
damage may have been caused by the negligence of Brewtopia Events LLC,
5 Seasons Brewing and/or Tappan Street Restaurants Inc. & Prado Mac
LLC;
3.
TO HOLD HARMLESS AND INDEMNIFY BREWTOPIA EVENTS LLC, 5 Seasons
Brewing and Tappan Street Restaurants Inc. & Prado Mac LLC from any
and all liability for any damage to the personal property of, or
personal injury to, any third party resulting from my participation in
ACAT; and
4.
TO INDEMNIFY AND HOLD HARMLESS Brewtopia Events LLC, its
organizers, associates, directors, officers, employees, volunteers,
members, charity and representatives from any and all claims, demands,
actions and costs which might arise out of my participating in ACAT,
even though such claims, demands, actions and costs may have been
caused by the negligence of Brewtopia Events LLC, 5 Seasons Brewing
and/or Tappan Street Restaurants Inc. & Prado Mac LLC.
DESCRIPTION OF RISKS
In
consideration of my voluntary participation in ACAT and all activities
related to the event, I acknowledge that I am aware of the possible
RISKS, DANGERS AND HAZARDS associated with ACAT, including the possible
risk of severe or fatal injury to myself or others. These risks
include but are not limited to the following:
a) intoxication and/or alcohol poisoning from the alcohol I consume whether voluntarily or through coercion;
b)
the possibility of any type of bodily injury (broken bones, soft
tissue damage, dental damages) from falling down, being knocked down or
being involved in a physical confrontation whether caused by myself or
someone else;
c)
the risks associated with returning to my residence or traveling
to any destination after ACAT, especially the risks of operating a
motor vehicle after consuming alcohol.
In
the event a court of competent jurisdiction shall hold any provision of
this Agreement to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby. This Agreement is the
product of negotiations between Brewtopia Events LLC, 5 Seasons Brewing
and Tappan Street Restaurants Inc. & Prado Mac LLC and the
voluntary participants (hereby “The Parties”). The Parties hereto
acknowledge that they have participated in the negotiation of this
Agreement. Furthermore, this Agreement shall not be construed
against either Party by reason of such Party having been or having been
deemed to have structured, dictated, or drafted this Agreement. The
Parties to this Agreement acknowledge that each of the Parties have
been given an opportunity to review this Agreement with counsel and
that their signatures below represent their voluntary act and evidences
their agreement to the terms described herein, each intending to be
bound by same.
ACKNOWLEGEMENT
I
acknowledge that by signing below I have fully read this agreement,
that I have executed this agreement voluntarily, and that this
agreement is to be binding upon myself, my heirs, executors,
administrators and representatives.
SIGNED THIS 29th day of January 2011 in Atlanta / Sandy Springs, Georgia.