SOUTHERN SELECT SAND 2019-20
Waiver, Release & Permission Agreement
I agree to the terms of this Waiver, Release and Permission Agreement (hereinafter the “Agreement”) in favor of Southern Select Sand, LLC, Badger Creek Park, and RallyVB at LakePoint, LLC, a Georgia limited liability company (hereinafter referred to as “S3” and “RallyVB”) and the other Released Parties.
The undersigned Participant acknowledges that Participant and/or Participant’s minor child or ward (hereinafter “Participant’s Child”) will engage in recreational activities taking place on the property of Badger Creek Park located in the City of Canton, Cherokee County and LakePoint Land, llc (“LakePoint”) located in the City of Emerson, Bartow County, Georgia (hereinafter the “Premises”) conducted by Released Parties as of today’s date or a date hereafter (the “Activities”), recognizes the inherent dangers associated therewith, and acknowledges that the use of the Premises is subject to the limitation of liability of Released Parties as set forth in O.C.G.A. § 51-3-20 et seq. In consideration for the use of the Premises by Participant and/or Participant’s Child, the undersigned Participant for himself (or herself) and Participant’s Child, hereby releases, indemnifies and forever discharges the Released Parties of and from any and every claim, demand, action or right of action, of whatever kind or nature, either in law or in equity arising from or by reason of death, bodily injury or personal injuries known or unknown, loss, or property damage resulting or to result from entering on the Premises and/or participating in the recreational activities on the Premises, whether or not such claim, death, loss, injury or damage is caused by, or arises out of, in whole or in part, the negligent act or omission of any of the Released Parties.
Participant, the undersigned below, in consideration of the participation of Participant and Participant’s Child in the Activities at the Premises, acknowledge that I am aware that my or my child’s or ward’s participation in the Activities at the Premises may result in risks, which among other things, include but are not limited to scrapes, bruises, twisted ankles and various injuries to the body, including death and heat and stress related issues, and Participant freely assumes on Participant’s own and/or Participant’s Child’s behalf all risks incidental to such participation. In consideration of the participation of Participant and Participant’s Child in the Activities at the Premises and on Participant’s and/or Participant’s Child’s behalf, and on behalf of Participant’s and/or Participant’s Child’s heirs, executors, administrators and next of kin, Participant hereby releases, covenant not to sue, and forever discharges the Released Parties of and from all liabilities, claims, actions, damages, costs and expenses of any nature arising out of, related to, or in any way connected with the participation of Participant and Participant’s Child in the Activities and/or any such related and associated activities, and further agree to indemnify and hold each of the Released Parties harmless from and against any and all such liabilities, claims, actions, damages, costs and expenses including by way of example, but not limited to, all attorneys’ fees, costs of court, and the costs and expenses of other professionals and disbursements up through and including any appeal. Participant, for Participant and/or Participant’s Child, understands that this Release and indemnity includes any claims based on the negligence (in whole or in part), action or inaction of any of the Released Parties and covers bodily injury (including, without limitation, death), any medical or injury treatment whatsoever provided to Participant and/or Participant’s Child by or at the direction of any Released Party, property damage, and loss by theft or otherwise, whether suffered by Participant and/or Participant’s Child either before, during or after such participation. Participant declares that Participant and (if participating) Participant’s Child are physically fit and have the skill level required to participate in the Event and/or any such related and associated activities. Participant further authorizes medical treatment for Participant and/or Participant’s Child, at Participant’s cost, if the need arises.
For the purposes hereof, the following definitions apply: “Released Parties” are: S3, Badger Creek Park, RallyVB, LakePoint and its affiliates, parent companies, venturers, subsidiaries, successors, assigns, agents, servants, officers, members, officers, principals and employees, all independent contractors, all sponsors, and each of their employees, officers, directors, principals, agents, representatives, volunteers, contractors, successors, and assigns.
AUTHORIZATION AND RELEASE TO USE:
Participant further grants the Released Parties the right to photograph and/or videotape Participant and/or Participant’s Child
and further to display, use and/or otherwise exploit the name, face, likeness, voice, and appearance of Participant and/or Participant’s Child forever and throughout the world, in all media, whether now known or hereafter devised (including, without limitation, in online web casts, television, motion pictures, films, newspapers, and magazines) and in all forms including, without limitation, digitized images, whether for advertising, publicity, or promotional purposes, including, without limitation, publication of Event results and standings, without compensation, reservation or limitation. RallyVB and LakePoint have developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information and email addresses. A copy of the Privacy Statement, which is incorporated herein by reference into this Agreement, is available upon request.
This Agreement shall be governed by the laws of the State of Georgia. Venue for any litigation which relates to or arises out of the Activities, this Agreement or its breach will be exclusively in the United States District Court for the Northern District of Georgia, Rome Division or a court of competent jurisdiction for Bartow County, Georgia, with Participant expressly consenting to venue and personal jurisdiction in Bartow County, Georgia and waiving any rights to begin, defend, or remove any such litigation in any other forum or venue. Participant certifies that Participant is eighteen (18) years of age or older and, if Participant is executing this Agreement on behalf of Participant’s Child, the information set forth above pertaining to Participant’s Child is true and complete and that Participant has all due legal authority to sign this Agreement on behalf of Participant’s Child.
If any provision of this Form shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Form and shall not affect the validity and enforceability of any remaining provisions. BY SIGNING, PARTICIPANT REPRESENTS AND WARRANTS THAT PARTICIPANT HAS READ, UNDERSTOOD AND ACCEPT ALL THE CONDITIONS CONTAINED IN THIS AGREEMENT.
SOUTHERN SELECT SAND 2019-20
Consent for Picture, Print,Video,TV and Radio Release
By participating in this season, I agree that I or my child may be photographed, videotaped, or broadcast and my or my child’s image, likeness and voice may be used by Southern Select Sand, LLC, Badger Creek Park, RallyVB at LakePoint, LLC, and LakePoint Land, LLC or its affiliates (“LakePoint”) and/or media and broadcast outlets and used by us for any purpose, at any time, without any fee or other form of compensation. My and my child’s image, likeness and voice may be included in newspaper articles,TV presentations, brochures, marketing materials, video presentations, displayed on Southern Select Sand, Badger Creek Park, RallyVB, and LakePoint’s website and other uses approved by Southern Select Sand, Badger Creek Park, RallyVB, and LakePoint, at any time, without any fee or other form of compensation.
I hereby grant permission to the rights of my and my child’s image, likeness and sound of my and my child’s voice as recorded on audio or videotape without payment or any other consideration from Southern Select Sand, Badger Creek Park, RallyVB, and LakePoint. I understand that my and my child’s image may be edited, copied, exhibited, published or distributed by Southern Select Sand, Badger Creek Park, RallyVB, and LakePoint and waive the right to inspect or approve the finished product wherein my and my child’s likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my or my child’s image or recording. I understand this permission signifies that photographic or video recordings of my child or me may be electronically displayed via the Internet. I also understand that this material may be used in diverse settings within an unrestricted geographic area.
There is no time limit on the validity of this authorization nor is there any geographic limitation on where these materials may be distributed. By participating in this event, I acknowledge that I have completely read and fully understand the above release and agree to be bound thereby. I hereby release any and all claims against any person or organization utilizing this material for the purposes stated herein.