IN CONSIDERATION for me and/or for my children listed above being permitted to enter upon the premises of Treefort Properties, LLC, explore and engage in activities, and utilize the services and programs of Waybird, LLC (collectively WAYBIRD) for any purpose, including, but not limited to, construction and clean-up activities, hiking, running, swimming, boating, exploring, camping, farming, participation in environmental and nature activities and observation, and other recreational use of WAYBIRD's premises, facilities or equipment, or participation in any on-site program affiliated with WAYBIRD (collectively the Activities) the undersigned, on behalf of himself or herself and such participating children and any personal representatives, heirs, and next of kin (hereinafter referred to as "the undersigned") hereby acknowledges, agrees and represents that he or she has inspected and carefully considered WAYBIRD’s Activities, premises, equipment and facilities and/or affiliated programs and that the undersigned finds and accepts same as being safe and reasonably suited for the use or participation by the undersigned and such participating children.
The undersigned agrees and acknowledges that use of WAYBIRD’s premises, facilities and services, and participation in WAYBIRD’s Activities, may involve inherent danger and risk, including, without limitation, the risk of physical illness or injury, death or property damage. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY, DEATH OR PROPERTY DAMAGE to the undersigned or such participating children while in, about or upon WAYBIRD’s premises, and/or while using any facilities or equipment thereon or participating in the Activities and/or any program affiliated with WAYBIRD.
The undersigned WARRANTS TO WAYBIRD THAT:
I am familiar with the risk of serious injury and death to which any participant in the Activities will be exposed, and
I believe that I and the children listed above are physically, emotionally and mentally able to participate in the Activities, and that any equipment I may bring onto WAYBIRD is safe and mechanically fit for my use in the Activities, and
I understand that all applicable rules for participation must be followed and that at all times the sole responsibility for personal safety for me and my children remains with me, and
I will immediately remove myself and/or my children from participation, and notify a representative of WAYBIRD, if at any time I sense or observe any unusual, hazardous or unsafe condition or if I feel that I or my children have experienced any deterioration in our physical, emotional or mental fitness for continued participation in the Activities.
WAYBIRD: COVID ACKNOWLEDGEMENT
In addition, the undersigned acknowledges that coronavirus (''COVID-19") infections have been confirmed throughout the United States, including cases in the metropolitan Atlanta, Georgia area and around Arabia Mountain where WAYBIRD is located. In accordance with guidance and protocols issued by the State of Georgia and Public Health Agencies such as the Centers for Disease Control and Prevention (CDC) and the Georgia Department of Public Health (GDPH) for slowing the transmission of COVID-19, the undersigned hereby agrees, represents, and warrants that neither the undersigned nor such participating children shall participate in the Activities, visit or utilize WAYBIRD’S premises, facilities, services, and programs (other than any exclusively online services and programs) within 10 days after (i) returning from areas subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, or (iii) exposure to any person who has a suspected or confirmed case of COVID-19. The CDC Travel Health Network is continuously updating this list and the undersigned agrees that they are aware of this list and the areas and countries listed.
The undersigned hereby agrees, represents, and warrants that neither the undersigned nor such participating children shall visit or utilize WAYBIRD’S Activities, premises, facilities, services, and programs if he or she (i) experiences symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, or (ii) has a suspected or diagnosed/confirmed case of COVID-19. The undersigned agrees to notify WAYBIRD immediately if he or she believes that any of the foregoing access/use restrictions may apply.
The undersigned further acknowledges and agrees that, due to the nature of the facilities, services, and programs offered by WAYBIRD, social distancing of 6 feet per person in a nature and farm setting is not always possible. The undersigned fully understands and appreciates both the known and potential dangers of utilizing WAYBIRD’S Activities, property, facilities, services, and programs and acknowledges that use thereof by the undersigned and/or such participating children may, despite WAYBIRD’S reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine and/or self-isolation requirements, serious illness, injury, disability, and/or death.
HAVING CAREFULLY READ AND UNDERSTOOD THE ABOVE, IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER WAYBIRD FOR ANY PURPOSE AND ENGAGE IN THE ACTVITIES THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:
THE UNDERSIGNED, ON HIS OR HER BEHALF AND ON BEHALF OF SUCH PARTICIPATING CHILDREN, HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE WAYBIRD LLC, TREEFORT PROPERTIES, LLC their members, managers, staff, independent contractors, officers, employees, volunteers and agents (Released Parties) from all liability to the undersigned or such participating children and all personal representatives, assigns, heirs, and next of kin of the undersigned or such participating children from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by the undersigned or such participating children related to the Activities, whether caused by the negligence of the Released Parties, any third-party being at WAYBIRD, or otherwise, while participating in any activity while in, on, or around WAYBIRD and/or while using any of WAYBIRD’s Activities, premises, facilities, tools, equipment, or materials (Claims) except any such Claims resulting from the gross negligence or intentional misconduct of the Released Parties.
The undersigned acknowledges that any illness or injuries that the undersigned or such participating children contract or sustain may be compounded by the remoteness of the location, and/or negligent first aid or emergency response of the Released Parties and waive any Claim in respect thereof except any such Claims resulting from the gross negligence or intentional misconduct of the Released Parties.
The undersigned understands and agrees that WAYBIRD is not required to provide insurance to cover the undersigned or such participating children in the event they suffer illness, injury, death, property loss, theft or damage of any sort upon, or about WAYBIRD’s premises or any facilities or equipment therein or participating in any program affiliated with WAYBIRD.
The undersigned further expressly agrees that the foregoing ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of the State of Georgia and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I UNDERSTAND THAT THE RELEASERS ARE RELYING UPON MY WARRANTIES, ASSUMPTIONS, WAIVER AND RELEASE, UNDERTAKINGS AND AGREEMENTS WHEN ACCEPTING MY PARTICIPATION IN THE ACTIVITIES. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM WAYBIRD IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. IF SIGNING ON BEHALF OF MINOR: I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT TO WAYBIRD THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S).
I have read and understand the terms of this Assumption of Risk, Release and Waiver of Liability, and Indemnity Agreement and agree to its terms.
