The individual named below (referred to as "I"; or & "me") desires to
participate in the ScotDance Highland Dancing Southeast Regional
events at the Savannah Scottish Games (the "Activity:) provided by Savannah Scottish
Games, Inc., a Georgia corporation (“SSG”), on the premises of Bethesda-Union Society
of Savannah, Inc., a Georgia corporation and Bethesda Academy (“B-USS”). In consideration of being permitted
by the SSG to use the premises and facilities and to participate in the Activity and in
recognition of the SSG’s reliance hereon, I agree to all the terms and conditions set forth
in this instrument (this "Release").
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A
POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF PERSONAL
OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT
DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY
INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE
ACTIONS, OMISSIONS, OR NEGLIGENCE OF SSG AND/OR B-USS, INCLUDING
NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF SSG AND/OR
B-USS. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM
KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY
WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND
HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL OR
EMOTIONAL INJURY, DISABILITY, DEATH, AND/OR PROPERTY
DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY or use of
the premises, WHETHER CAUSED BY THE NEGLIGENCE OF SSG AND/OR
B-USS OR OTHERWISE.
I hereby expressly waive and release any and all claims, now
known or hereafter known, against SSG, B-USS and Bethesda Academy and their respective
officers, directors, managers, employees, agents, affiliates, shareholders,
successors, and assigns (collectively, "Releasees"), on account of injury,
disability, death, or property damage arising out of or attributable to my
participation in the Activity, whether arising out of the ordinary negligence
of SSG, B-USS and Bethesda Academy or any Releasees or otherwise. I covenant not to make or bring
any such claim against SSG, B-USS, or any other Releasee, and forever release and
discharge SSG, B-USS and Bethesda Academy, and all other Releasees from liability under such claims. This
waiver and release does not extend to claims for gross negligence, willful misconduct, or
any other liabilities that Georgia law does not permit to be released by agreement.
I shall defend, indemnify, and hold harmless SSG, B-USS and Bethesda Academy, and all other
Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions,
judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever
kind, including attorney fees, fees, the costs of enforcing any right to indemnification
under this Release, and the cost of pursuing any insurance providers, awarded against
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SSG, B-USS and Bethesda Academy, or any other Releasees in a final judgment, arising out or resulting from
any claim of a third party related to my participation in the Activity or use of the
premises, including any claim related to my own negligence or the ordinary negligence
of SSG and/or B-USS and Bethesda Academy.
I hereby consent to receive medical treatment deemed necessary if I am
injured or require medical attention during my participation in the Activity. I agree that
I am solely responsible for all costs related to such medical treatment and any related
transportation and/or evacuation. I hereby release, forever discharge, and hold
harmless SSG and/or B-USS from any claim based on such treatment or other medical
services.
I understand and agree that during the Activity, I may be photographed
and/or videotaped by SSG for internal and/or promotional use. I hereby grant and
convey to SSG all right, title, and interest in any and all such photographs or recordings,
and consent to SSG's use of my name, image, likeness, and voice in perpetuity, in any
medium, for any publicity without further compensation or permission.
I acknowledge there is no paved area at Bynuh’s Field, it and the
surrounding areas consist of dirt and grass, presenting uneven surfaces to those
navigating, using, or otherwise participating in Activities on the premises.
This Release constitutes the sole and entire agreement of SSG, B-USS and
me with respect to the subject matter contained herein and supersedes all prior and
contemporaneous understandings, agreements, and warranties with respect to such
subject matter. If any term or provision of this Release is unenforceable in any
jurisdiction, such unenforceability shall not affect any other term or provision of this
Release or render unenforceable such term or provision in any other jurisdiction.
All matters relating to this Release shall be governed by and construed in
accordance with the laws of the State of Georgia without giving effect to any choice or
conflict of law provision or rule. Any claim arising under this Release may be brought
only in the federal and state courts located in Chatham County, Georgia and I hereby
consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF
THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP
SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE SSG AND B-
USS.