[Brewtopia Events LLC], [5 Seasons Brewing Co.], [Atlanta Cask Ale Tasting], [January 30, 2010]
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
DISCLAIMER AND INDEMNIFICATION
In
return for Brewtopia Events LLC and 5 Seasons Brewing 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 and/or 5 Seasons
Brewing;
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 and/or 5 Seasons
Brewing;
3. TO HOLD HARMLESS
AND INDEMNIFY BREWTOPIA EVENTS LLC AND 5 SEASONS BREWING 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,
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 and/or 5 Seasons Brewing.
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 the voluntary participant (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 30th day of January 2010, in Atlanta, Georgia.