Summer Mini Brew Fest - June 13, 2010
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
DISCLAIMER AND INDEMNIFICATION
In
return for Brewtopia Events LLC, Owen Ogletree, and 5 Seasons Brewing
allowing me to voluntarily participate in this Summer Mini Brew Fest
beer tasting (SMBF), I agree:
1. TO ASSUME AND ACCEPT ALL RISKS
arising out of, associated with or related to my participating in SMBF,
even though such risks may have been caused by the negligence of
Brewtopia Events LLC, Owen Ogletree, and 5 Seasons Brewing;
2. TO BE
SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which I might sustain
participating in SMBF, even though such injury, loss or damage may have
been caused by the negligence of Brewtopia Events LLC, Owen Ogletree,
and 5 Seasons Brewing;
3. TO HOLD HARMLESS AND INDEMNIFY BREWTOPIA
EVENTS LLC, OWEN OGLETREE, 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 SMBF; and
4.
TO INDEMNIFY AND HOLD HARMLESS Brewtopia Events LLC, Owen Ogletree, and
5 Seasons Brewing, and the owners, organizers, directors, officers,
volunteers, members and representatives of Brewtopia Events LLC, Owen
Ogletree, and 5 Seasons Brewing from any and all claims, demands,
actions and costs which might arise out of my participating in SMBF,
even though such claims, demands, actions and costs may have been
caused by the negligence of Brewtopia Events LLC, Owen Ogletree, and 5
Seasons Brewing.
DESCRIPTION OF RISKS
In consideration of
my participation in SMBF and all activities related to the event, I
acknowledge that I am aware of the possible RISKS, DANGERS AND HAZARDS
associated with SMBF, including the possible risk of severe or fatal
injury to others or myself. 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 SMBF.
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 13th day of June 2010 in Atlanta, Georgia.