This Release and Waiver of Liability ("Release") is executed on this day of event registration, by me ("Participant”), intending to legally bind Participant and his or her heirs, administrators, executors, legal representatives, successors and assigns, in favor of Refuge Coffee, Inc., a Georgia nonprofit corporation, (“Nonprofit"), Clarkston International Bible Church, Inc., a Georgia nonprofit corporation, GoGo Racing LLC, a Georgia limited liability company, and their respective shareholders, members, managers, parent and affiliated companies, directors, trustees, officers, employees, staff, members, sponsors, volunteers, agents, successors and assigns (individually a “Released Party” and collectively the “Released Parties”). Participant desires to participate in Nonprofit’s Refuge Coffee Run, which include walks, runs, fun runs, food, drinks and other activities to be held on September 28, 2024 (collectively the "Refuge Coffee Run”). Nonprofit is willing for Participant to participate in the Refuge Coffee Run on the condition that Participant sign this Release. In consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by Participant, Participant does hereby freely, voluntarily and without duress execute this Release under the following terms: 1. Waiver and Release. Participant covenants not to sue and does hereby release, forever discharge, defend and hold harmless the Released Parties from any and all liability, claims, demands and causes of action of whatever kind or nature, either in law or in equity, arising out of or relating to Participant's participation in the Activities. Participant understands and acknowledges that this Release discharges the Released Parties from any liability or claim that the Participant may have against the Released Parties with respect to any bodily injury, personal injury, illness, death or property damage that may arise out of, occur during or result from Participant's participation in the Refuge Coffee Run, regardless of whether caused in whole or in part by an act or omission of a Released Party. Participant also understands that, except as otherwise agreed to by a Released Party in writing, no Released Party assumes any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, disability or liability insurance coverage for injury, illness, death, disability or property damage suffered by Participant, a Released Party or by third parties. 2. Medical Treatment. Participant hereby authorizes each employee and staff member of Nonprofit: (1) to act on Participant’s behalf in providing first aid and securing medical treatment for Participant in the event of injury or illness to Participant; and (2) to act on Participant’s behalf in accepting financial responsibility (which shall be borne solely by Participant) for all first aid and medical treatment secured for Participant. Participant covenants not to use and hereby releases, discharges, defends and holds harmless the Released Parties from any claim, demand or cause of action whatsoever arising out of or relating to any first aid or medical treatment rendered in connection with the Participant's participation in the Refuge Coffee Run. 3. Assumption of the Risk. The Participant understands that the Refuge Coffee Run may include inherently dangerous risks to the Participant, including but not limited to falls, contact with other participants, volunteers and members of the public, being hit by an automobile, running on rough surfaces, dog attacks, bee stings, cuts, abrasions, sprains, strains, broken bones, choking, rain, cold exposure injuries, heat-related injuries, heart attack, stroke and even death. Participant hereby expressly and specifically assumes the risk of damage, injury, harm or death in connection with the Refuge Coffee Run. 4. Photographic Release. Participant hereby grants and conveys unto Nonprofit and GoGo Racing all right, title and interest in any and all photographic images and video or audio recordings made by or for Nonprofit during Participant’s participation in the Refuge Coffee Run, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings. 5. Age. Participant hereby certifies that as of the date of signing this Release, Participant is 18 years of age or older or if Participant is under 18 years of age, this Release must be signed by a Parent or Legal Guardian. The signature of an individual in the Parent/Guardian signature block below certifies that he or she is the Parent or Legal Guardian of Participant with full legal authority to bind Participant and the Parent or Legal Guardian to the terms of this Release. 6. Governing Law. Participant expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the Sate of Georgia, and that this Release shall be governed by and interpreted in accordance with the Laws of the State of Georgia without giving effect to its conflict of laws rules. Participant agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable. Participant agrees that the sole and exclusive jurisdiction and venue for litigation between Participant and Nonprofit shall be a state or federal court having jurisdiction over DeKalb County, Georgia. IN WITNESS WHEREOF, Participant has executed this Release as of the day and year first above written.
