Classic City Brew Fest - April 11, 2010
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
DISCLAIMER AND INDEMNIFICATION
In
return for Brewtopia Events LLC, Athens Area Humane Society, and
Foundry Enterprises, LLC d/b/a Foundry Park Inn and Spa, Foundry
Partners, LLC and Foundry Entertainment, LLC allowing me to voluntarily
participate in The Classic City Brew Fest (CCBF), I agree:
1.
TO ASSUME AND ACCEPT ALL RISKS arising out of, associated with or
related to my participating in CCBF, even though such risks may have
been caused by the negligence of Brewtopia Events LLC, Athens Area
Humane Society, and Foundry Enterprises, LLC d/b/a Foundry Park Inn and
Spa, Foundry Partners, LLC and Foundry Entertainment, LLC;
2.
TO BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which I might
sustain participating in CCBF, even though such injury, loss or damage
may have been caused by the negligence of Brewtopia Events LLC, Athens
Area Humane Society, and Foundry Enterprises, LLC d/b/a Foundry Park
Inn and Spa, Foundry Partners, LLC and Foundry Entertainment, LLC;
3.
TO HOLD HARMLESS AND INDEMNIFY BREWTOPIA EVENTS LLC, ATHENS AREA HUMANE
SOCIETY, AND FOUNDRY ENTERPRISES, LLC D/B/A FOUNDRY PARK INN AND SPA,
FOUNDRY PARTNERS, LLC AND FOUNDRY ENTERTAINMENT, 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 CCBF; and
4.
TO INDEMNIFY AND HOLD HARMLESS Brewtopia Events LLC, Athens Area Humane
Society, and Foundry Enterprises, LLC d/b/a Foundry Park Inn and Spa,
Foundry Partners, LLC and Foundry Entertainment, LLC, and the owners,
organizers, directors, officers, volunteers, members and
representatives of Brewtopia Events LLC, Athens Area Humane Society,
and Foundry Enterprises, LLC d/b/a Foundry Park Inn and Spa, Foundry
Partners, LLC and Foundry Entertainment, LLC from any and all claims,
demands, actions and costs which might arise out of my participating in
CCBF, even though such claims, demands, actions and costs may have been
caused by the negligence of Brewtopia Events LLC, Athens Area Humane
Society, and Foundry Enterprises, LLC d/b/a Foundry Park Inn and Spa,
Foundry Partners, LLC and Foundry Entertainment, LLC.
DESCRIPTION OF RISKS
In
consideration of my participation in CCBF and all activities related to
the event, I acknowledge that I am aware of the possible RISKS, DANGERS
AND HAZARDS associated with CCBF, 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 bodily injury (broken bones and soft tissue damage)
including 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 CCBF, especially the risks involved in operating a
motorized 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 the Parties, and 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 I have 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 11th day of April, 2010 in Athens, Georgia.