| Shocco Springs Waiver Important-Please Read
Acknowledgement/Assumption of the Risk/Release of Liability: Hereby acknowledge as follows: Activity and Associated Risks. Any activity I choose to participate in at Shocco Springs may be inherently dangerous, and I may be exposed to dangers and hazards. As a consequence of these risks, I may be seriously hurt or disabled or may die from resulting injuries, and my property may also be damaged. In consideration of my being granted permission to participate in the Activity, I agree to the terms contained in this document and make the following representations as they relate to that Activity stated above: Assumption of Risk. I hereby acknowledge, confirm and agree that, at all times while at Shocco Springs, I am participating at my own risk. I hereby freely and voluntarily assume any and all inherent risks that are a part of the visit, and any harm, injury or loss that may occur to me or my property as a result of participation in the visit. Release of Liability. I hereby forever release, discharge, and hold harmless the trustees, officers, employees, agents, insurers, contractors, affiliates and parent of Shocco Springs BCC, Inc., and Wings Across Alabama (collectively, the “Released Parties”) from and against any and all claims or demands for personal injury, sickness, medical expenses and death, as well as property damage and expenses of any nature whatsoever, suffered by me, while engaging in the Activity and visit and/or using the facilities thereof. This release includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This release does not extend to claims for gross negligence, intentional or reckless misconduct. Further, I agree to assume full personal responsibility for and to indemnify the Released Parties and hold them harmless from and against any and all claims and demands for personal injury, sickness, medical expenses and death, as well as property damage and expenses of any nature whatsoever, caused by me. Indemnification, Hold Harmless, and Defense. I hereby indemnify, hold harmless, and defend the Released Parties against any and all claims to which this agreement applies, including claims for their own negligence. I also indemnify, hold harmless, and defend the Released Parties against any and all claims for mine own negligence, and any other claim arising from my conduct during the Activity. I agree that in the event of my death or disability, the terms of this agreement, Shocco Springs including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator, or guardian will be obligated to respect and enforce them. Severability. I agree that the purpose of this agreement is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by Alabama. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement. Applicable Law, Forum, and Attorney’s Fees. This agreement, including the interpretation and enforcement hereof, shall be governed by and construed in accordance with the laws of the State of Alabama, excluding its laws regarding conflicts of laws. The parties also agree that the venue for this agreement shall be in the federal or state courts Talladega, Alabama. The parties expressly waive any claim to jurisdiction in any federal or other state forum or venue in any other county or place. In the event of any controversy, claim or dispute between the parties hereto, including, but not limited to, any action at law or in equity, including any action for declaratory or injunctive relief, arising out of or relating to this agreement or the breach thereof, the prevailing party shall be entitled to recover from the losing party all of his or her actual attorney’s fees and costs in bringing, prosecuting, or defending said action. Photograph/Video Acknowledgement and Permission: Acknowledge that there may be photographs taken or videotaping during normal event activities, and I hereby grant my permission for such photographs/videos to be taken and to be used in promotional materials. Release and Indemnity: Acknowledge and agree that I release and forever hold harmless Shocco Springs Baptist Conference Center (“Shocco”),Wings Across Alabama, the venue, project and event sponsors and state conventions as well as their members, trustees, directors, officers, employees, agents, contractors and affiliates (collectively, the “Released Parties”) from any and all claims or demands for personal injury, sickness, and death, as well as property damage and expenses, of any nature whatsoever, incurred by me while participating in or employed by this project or the events and/or while on property leased or owned by the Release Parties. I further assume full personal responsibility for any loss of or damage to property to the extent caused by me. I also assume full personal responsibility for all medical bills for me. I agree to indemnify the Released Parties from any and all claims and demands for personal injury or death as well as property damage and expenses of any nature whatsoever arising out of the willful or negligent actions or omissions of me. I further hereby assume responsibility for all transportation costs related to my dismissal from the project and/or event, as applicable. Understanding. Represent and acknowledge that (1) I have completely read and understand this document and all its terms and all matters referred to herein, and my signature below is my voluntary, free act and deed, (2) I have had ample opportunity to obtain the advice of counsel, (3) by signing this document, I understand that I am relinquishing legal rights and remedies that may have otherwise been available to me, (4) I understand that the above Releases shall be construed as broadly and inclusively as is permitted by applicable law and agree that if any portion of this document is held invalid, the remaining shall continue in full force and effect, (5) to the extent any restriction on filing lawsuits is deemed unlawful, I agree to submit any claims to Christian conciliation/mediation organization for binding resolution, and (6) a copy of this form as signed shall be treated as authentic and binding as the original, and a copy of same may be provided to venue. |
