RELEASE OF LIABILITY, PROMISE NOT TO SUE, ASSUMPTION OF RISK AND AGREEMENT TO PAY CLAIMS
In consideration of my participation in the Divine9Online event entitled “The Escape Trip” in Tulum, Mexico from January 13 2022 through and including January 17 2022 (hereinafter “Divine9Online event”), I hereby forever release and covenant not-to-sue Divine9Online, any of its employees, officers, directors, affiliates, contractors, volunteers, agents, and partners (collectively “Releases”), from any and all present and future claims resulting from negligence for property damage, personal injury, or wrongful death, arising as a result of my attendance and participation in the Divine9Online event or any activities incidental thereto, wherever, whenever, or however the same may occur. I hereby voluntarily waive any and all claims both present and future, known and unknown, resulting from negligence or carelessness, that may be made by me, my family, estate, representatives, heirs, or assigns, and I relinquish on behalf of myself, spouse, heirs, estate and assigns the right to recover for injury or death.
Travel Release and Waiver: I waive, release, and discharge from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, psychological injury, illness, economic loss, emotional loss, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this Divine9Online event. To the extent that this Divine9Online event requires travel outside of the United States, I understand that it is my sole responsibility to familiarize myself with and abide by the applicable laws where the Divine9Online event shall occur. I understand that the Releasees are not responsible for my conduct during my travel to, during and from the Divine9Online event. I understand that the releasees are not responsible for any other participant’s conduct during my travel to, during and from the Divine9Online event. I assume all related risks, known or unknown to me, of my travel to, from and during the Divine9Online event.
Accommodations Release and Waiver: I understand that the Releasees may partner, contract, or negotiate with third-party hotels, resorts, or accommodations providers during the Divine9Online event. I understand that these third-party hotels, resorts or accommodations providers are available solely for my voluntary stay, convenience and enjoyment. I further understand that I am not required to stay or remain at any hotel, resort or accommodations provider during the Divine9Online event. Should I choose to stay or remain at any hotel, resort or accommodations provider during the Divine9Online event, I do so of my own free and voluntary will. I understand that the Releasees make no representations or promises to me as to the safety, suitability or security of any hotel, resort or accommodations provider during the Divine9Online event. I acknowledge that the Releasees are not responsible for the negligence, errors, omissions, acts, or failures to act of any hotel, resort, or accommodations provider during the Divine9Online event.
Event and Activities Release and Waiver: I understand that the Releasees may partner with third-party vendors, promoters, or organizers during the Divine9Online event. I understand that these third-party entertainment, recreational or sporting events are solely for my voluntary recreation and enjoyment. I further understand that I am not required to participate in any third-party entertainment, recreational or sporting event. Should I choose to participate in any third-party entertainment, recreational or sporting event, I do so of my own free and voluntary will. I understand that the Releasees make no representations or promises to me as to the safety or security of any third-party entertainment, recreational or sporting event. I understand that participation in entertainment, recreation, sporting and physical activities can involve certain risks of injuries and illness, and that facilities or equipment provided for my protection may be inadequate to prevent serious injury. I further understand that some third-party activities may take place outdoors and therefore include risks associated with exposure to elements, excessive heat, hypothermia, impact of the body upon the water, injection of water into my body orifices, encountering objects either natural or man-made, exposure to animals, my own negligence and/or the negligence of others, including but not limited to operator error and guide decision making including misjudging terrain, rapids, weather, trails, and route location, attack by or encounter with insects, reptiles, and/or animals, accidents or illness occurring in remote places where there are no available medical failures, fatigue, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident. I understand the foregoing description of these risks is not complete or exhaustive and that unknown or unanticipated risks may result in injury, illness, or death. I acknowledge that the Releasees are not responsible for the errors, omissions, acts, or failures to act of any third party or entity conducting a specific recreational or sporting activity during the Divine9Online event. I am voluntarily participating in this activity with appreciation of the danger involved and hereby agree to accept any and all risks (both known and unknown) of property damage, personal injury, or death.
Medical Consent and Release: I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity or event. If I need medical treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition that I may have. If the Releasees incur any expense on my behalf, I agree to reimburse the Releasees for the full amount of any expense incurred on my behalf.
Applicable Law: I understand that this document is written to be as broad and inclusive as legally permitted by the State of Georgia. I further agree that the venue for any legal proceedings shall be in the State of Georgia. I agree that if any portion of this document is held invalid or unenforceable, I will continue to be bound by the remaining terms. Should Divine9Online, the Releasees, or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
Promotional Release: In consideration of being permitted to participate in the Divine9Online event, I grant Divine9Online, its parent subsidiaries, related and affiliated entities, officers, directors, partners, shareholders, employees, agents, successors and assigns, the irrevocable right and permission to photograph and/or record me in connection with the Divine9Online event and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner in any and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of any photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind. All photographs and/or recordings are exclusive to Divine9Online.
Catchall Release Provision: In conjunction with the aforementioned waivers and releases, I further agree to indemnify and hold harmless Divine9Online, any of its employees, officers, directors, affiliates, contractors, volunteers, agents, and partners for any and all claims arising as a result of my participation in the Divine9Onlne event or any activities incidental thereto, wherever, whenever, or however the same may occur. In the event that an ambiguity or question arises concerning the scope, interpretation or extent of this release, I agree that my release, promise not to sue, and assumption of risk shall be read in the broadest terms permitted by the State of Georgia.