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Whereas, the undersigned will be participating in a function or functions (the “Function”) to be hosted by The Hideaway Experience, Inc. (“Hideaway” or “Tenant”) on certain real estate and improvements located on the property of Berry College 2277 Martha Berry Hwy NW, Mount Berry, GA 30149 (the “Property”);. The facility is operated by WinShape Foundation Inc;
Whereas, execution of this documents is a material condition precedent to Hideaway allowing the undersigned to enter the Property and participate in the Function; and
Whereas, Hideaway leases the Property from WinShape Foundation Inc., a Georgia Non-Profit Foundation (“Lessor”).
Now Therefore, in consideration for being allowed to enter the Property and participate in the Function, the undersigned expressly acknowledges and agrees to the following:
1. Assumption of Risks. THE UNDERSIGNED ACKNOWLEDGES THAT (A) DANGEROUS NATURAL OR MAN MADE CONDITIONS MAY EXIST OR OCCUR ON THE PROPERTY, INCLUDING STREAMS AND RIVERS WITH CURRENTS AND WATER THAT MAY BE DEEP OR FLOOD, HAZARDOUS DRIVING AND WALKING CONDITIONS, UNEVEN TERRAIN, THE PRESENCE OF WILD, DOMESTIC, POISONOUS, OR DISEASED ANIMALS, ELEVATED HUNTING STANDS, AND/OR CAMOUFLAGED SUNKEN HUNTING BLINDS AND (B) THE PROPERTY IS LOCATED IN A REMOTE LOCATION, IS NOT NEAR A POPULATION CENTER OR MEDICAL FACILITY, AND HAS LIMITED CELLULAR TELEPHONE COVERAGE. THE UNDERSIGNED ASSUMES ALL SUCH DANGERS AND RISKS.
2. Indemnity. THE UNDERSIGNED WILL INDEMNIFY, DEFEND, AND HOLD BOTH LANDLORD AND TENANT, ALONG WITH THEIR RESPECTIVE AGENTS, EMPLOYEES, INVITEES, LICENSEES, OR VISITORS (COLLECTIVELY, "OWNERS") HARMLESS AGAINST ALL CLAIMS, DAMAGES, AND COSTS (COLLECTIVELY, "CLAIMS") INCURRED BY OR ALLEGED AGAINST OWNERS AND ARISING OUT OF OR RELATING TO ANY ACT OR OMISSION OF THE UNDERSIGNED OR ANY OF THE UNDERSIGNED'S AGENTS, EMPLOYEES, CONTRACTORS, LICENSEES, OR VISITORS (COLLECTIVELY, "GUEST") WHILE AT THE PREMISES, INCLUDING ANY CLAIMS BASED ON ANY (a) INJURY TO OR DEATH OF ANY PERSON(S), (b) DAMAGE TO OR LOSS OF PROPERTY, OR (c) FAILURE OF GUEST TO COMPLY WITH (i) ANY APPLICABLE LAWS, (ii) THE RULES FOR THE USE AND ENJOYMENT OF THE PROPERTY AS REASONABLY ESTABLISHED BY OWNERS, OR (iii) THE LEASE.
3. Release. THE UNDERSIGNED WAIVES ALL CLAIMS AGAINST OWNERS AND RELEASES OWNERS FROM ANY LIABILITY, BASED ON ANY (A) INJURY TO OR DEATH OF GUEST OR (B) DAMAGE TO OR LOSS OF ANY PROPERTY BELONGING TO GUEST.
4. Negligence of Owners. THE FOREGOING INDEMNITIES, WAIVERS, AND RELEASES WILL APPLY EVEN IF THE INCIDENT GIVING RISE TO THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE CONDITION OF THE PREMISES OR BY THE SOLE OR CONCURRENT ORDINARY NEGLIGENCE OF OWNERS (BUT NOT THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF OWNERS).
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