Please carefully read and review the terms and conditions in this agreement!

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT 

Event: North Georgia Model Aviators

Date: 2025-07-26

Location: 553 Geirrein Rd, Dawsonville, GA 30543

 

THIS RELEASE, WAIVER AND ASSUMPTION OF RISK AGREEMENT, (“Agreement”) is executed between the undersigned (“Guest” or “I”) and the North Georgia Model Aviators, a Georgia nonprofit corporation (“NGMA”).

WHEREAS, the NGMA will from time to time host an Event (hereinafter individually and collectively referred to as an “Event”), and, the Guest has requested to participate in said Event; and

WHEREAS, NGMA is willing to allow the Guest to participate in the Event upon terms to include the terms of this Agreement, and Guest accepts the terms and conditions of this Agreement.

NOW THEREFORE, for the consideration described above and below, and other valuable consideration, the Guest agrees as follows:

1.                  RELEASE, HOLD HARMLESS AND COVENANT NOT TO SUE. In consideration of being provided access to the Event, Guest, for himself/herself and spouse, legal representatives, heirs and assigns, hereby agrees as follows:

(a)               I hereby voluntarily assume the risk of any and all injuries, damages, losses, or liabilities that I may incur, including, but not limited to, serious bodily injury and/or death by participating in the Event (collectively, the “Damages”); and

(b)               I hereby forever release, waive and discharge NGMA, and its members, directors, officers, employees, affiliates, subsidiaries, representatives, agents, successors, assigns, subcontractors, sponsors, agents, representatives, designees, and licensees and each operator and owner of the venue location (collectively the “Releasees”) from any and all present and future claims, demands, or causes of action for Damages that I may incur during or arising out of my participation in the Event, however caused, or that may be made by me, my family, estate heirs, administrators, or assigns for property damage, personal injury, or wrongful death arising as a result of my participation in the Event and related activities wherever, whenever or however the same may occur, even if caused by the negligence of NGMA, to the fullest extent allowed by law; and 

(c)               I understand that and agree that the Releasees are not responsible for any injury or property damage arising out of the Event, even if caused by their negligence. I understand that my participation in the Event involves certain risks, including, but not limited to, serious injury and death. I assume all risks associated with my voluntary participation in the Event. I consent to administration of first aid and other medical treatment in the event of injury or illness to myself. I also agree to the fullest extent permitted by law to indemnify and hold harmless the Releasees from and against any and all claims, causes of action or damages arising out of my participation in the Event and, related activities including, but not limited to, transportation to and from the Event and the administration of any first aid and/or medical treatment; and

(d)               I will not sue or make a claim against NGMA for Damages or causes of action that I may incur during or arising out of my participation at the Event, however caused, even if caused by the negligence (whether active or passive) of NGMA, to the fullest extent allowed by law.  I agree that if I, or anyone on my behalf, files a lawsuit or otherwise presents claims due to injuries or losses resultant, or any way connected with, the Event that such claims shall be immediately dismissed upon the presentation of this Agreement to the Court, and I will reimburse all reasonable attorneys’ fees, damages and costs NGMA may incur in such claim; and

(e)               I waive the protection afforded by any statute or law in any jurisdiction whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know of or suspect to exist at the time of executing this Agreement; and

(f)                I understand that the Event may be filmed or recorded and by signing this documenting and attending the Event, I consent to being photographed, videotaped and/or recorded. I consent to such photography, videotaping and/or recording and to any use, in any and all media formats, including, without limitation, television, social media, and digital media and formats, whether now known or hereafter devised, including but not limited to any branded commercial with any sponsor or licensee throughout the universe in perpetuity, of my name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information for any purpose whatsoever, without any further action required or any consideration owing to me from the Releasees.

2.                  GUEST WARRANTIES. GUEST FURTHER WARRANTS AND ACKNOWLEDGES THAT:

(a)               I AM EIGHTEEN (18) YEARS OF AGE OR OLDER AND I MAKE THIS AGREEMENT INTENDING TO BIND MYSELF AND MY SPOUSE, HEIRS, ADMINISTRATORS AND ASSIGNS;

(b)               I HAVE READ THIS AGREEMENT, AND I AM FULLY AWARE OF THE LEGAL CONSEQUENCES OF SIGNING IT AND THAT I HAVE THE RIGHT TO CONSULT AN ATTORNEY BEFORE SIGNING;

(c)               I UNDERSTAND AND AGREE THAT THIS AGREEMENT IS LEGALLY BINDING AND WILL PRECLUDE ME FROM RECOVERING DAMAGES FROM NGMA FOR PERSONAL INJURY, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, OR ANY OTHER PERSONAL OR FINANCIAL INJURY SUSTAINED BY ME IN CONNECTION WITH THE EVENT;

(d)               I HAVE READ THIS RELEASE AND WAIVER OF CLAIMS, I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND I HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

3.                  SEVERABILITY. This Agreement is intended to be as broad and inclusive as permitted by law and if any part of this Agreement is not enforceable, the affected provision shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, and the remainder of the Agreement shall continue in full force and effect.  Should any clause be in conflict with state law, then only that clause is null and void while the remaining clauses of this Agreement shall remain in full force and effect.

4.                  MISCELLANEOUS. This Agreement contains the entire integrated Agreement between the parties hereto with respect to the matters covered herein. No variations, modifications or changes herein or hereof shall be binding upon either party hereto unless set forth in writing duly executed by such party.  This Agreement and the rights and obligations herein are non assignable and nontransferable.  The recitals set forth above are hereby incorporated herein.

5.                  GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. All disputes and matters whatsoever arising under, in connection with or incident to this Agreement shall be litigated, if at all, in and before a Court located in the Courts of Dawson County, State of Georgia to the exclusion of the Courts of any other State or Country.

6.                  SIGNATURE. This Agreement may be executed by electronic means including, but not limited to, eSignature. I agree that if I sign this Agreement electronically, my electronic signature is the legally binding equivalent to my handwritten signature, has the same meaning as my handwritten signature, and shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.