This Waiver, Release and Permission Agreement (hereinafter the “Agreement”) is executed by or on behalf of the
individual participant indicated on the signature page hereto (such party hereinafter referred to as “Participant”) in
favor of LAKEPOINT LAND, LLC, a Georgia limited liability company (hereinafter referred to as “LakePoint”) and the
other Released Parties.
The undersigned Participant and/or Participant’s parent or legal guardian (“Guardian”) acknowledges that
Participant and/or Guardian’s minor child or ward (hereinafter “Ward”) will engage in recreational activities taking
place on the property of LakePoint and/or on the property of the Development Authority of Bartow County located
in the City of Emerson, Bartow County, Georgia (hereinafter collectively the “Premises”) conducted by Released
Parties, recognizes the inherent dangers associated therewith, and acknowledges that the use of the Premises is
subject to the limitation of liability of Released Parties as set forth in O.C.G.A. § 51- 3-20 et seq. In consideration
for the use of the Premises by Participant, the undersigned Participant for himself (or herself) and Guardian,
hereby releases, indemnifies and forever discharges the Released Parties of and from any and every claim,
demand, action or right of action, of whatever kind or nature, either in law or in equity arising from or by reason of
death, bodily injury, illness or other personal injuries known or unknown, loss, or property damage resulting or to
result from entering on the Premises and/or participating in the recreational activities on the Premises, whether or
not such claim, death, loss, illness, injury or damage is caused by, or arises out of, in whole or in part, the negligent
act or omission of any of the Released Parties.
Participant and, if applicable, Guardian, in consideration of the participation of Participant in the Event, wherever
the/these Event(s) may occur, acknowledge that I am aware that my or my Ward’s participation in the Event may
result in risks, which among other things, include but are not limited to scrapes, bruises, twisted ankles and various
injuries to the body, including death, illness and heat and stress related issues, and Participant and, if applicable,
Guardian freely assumes on Participant’s own and/or Ward’s behalf all risks incidental to such participation. In
consideration of the participation of Participant in the Event and on Ward’s behalf, and on behalf of Participant’s
and/or Ward’s heirs, executors, administrators and next of kin, Participant and, if applicable, Guardian hereby
releases, covenant not to sue, and forever discharges the Released Parties of and from all liabilities, claims,
actions, damages, costs and expenses of any nature arising out of, related to, or in any way connected with the
participation of Participant in the Event and/or any such related and associated activities, and further agree to
indemnify and hold each of the Released Parties harmless from and against any and all such liabilities, claims,
actions, damages, costs and expenses including by way of example, but not limited to, all attorneys’ fees, costs of
court, and the costs and expenses of other professionals and disbursements up through and including any appeal.
Participant, and if applicable, Guardian understands that this Release and indemnity includes any claims based on
the negligence (in whole or in part), action or inaction of any of the Released Parties and covers bodily injury
(including, without limitation, death), illness, any medical or injury treatment whatsoever provided to Participant
by or at the direction of any Released Party, property damage, and loss by theft or otherwise, whether suffered
either before, during or after such participation. Participant and, if applicable, Guardian declares that Participant is
physically fit and has the skill level required to participate in the Event and/or any such related and associated
activities. Participant and, if applicable, Guardian further authorizes medical treatment for Participant, at
Participant’s and/or Guardian’s cost, if the need arises.
Participant and, if applicable, Guardian represents and confirms to LakePoint that:
- Participant and, if applicable, Guardian understands that the symptoms of the novel coronavirus (“COVID-19”)
include (but are not limited to) fever, fatigue, cough, and shortness of breath.
- Neither Participant nor any of Participant’s household members has or has had within the last fourteen (14)
days any of the symptoms of COVID-19.
- Neither Participant nor any of Participant’s household members has been diagnosed with COVID-19 within the
last thirty (30) days.
- Neither Participant nor any of Participant’s household members has been knowingly exposed to anyone
diagnosed with COVID-19 within the last thirty (30) days.
- Neither Participant nor any of Participant’s household members has traveled outside of the country or to any
city or other location considered to be a “hot spot” for COVID-19 infections within the last thirty (30) days.
Participant and, if applicable, Guardian acknowledges the contagious nature of COVID-19 and the risk that
Participant may be exposed to or infected by COVID-19 by entering the Premises and that such exposure or
infection may result in personal injury, illness, permanent disability, and death of Participant or others. Participant
and, if applicable, Guardian agrees to assume all risks of such exposure. Participant and, if applicable, Guardian
understands that the risk of becoming exposed to or infected by COVID-19 at the Premises may result from the
actions, omissions, or negligence of Participant and others, including, but not limited to, the Released Parties’
employees, volunteers, and program participants and their families.
In consideration of Participant being permitted to enter the Premises, and on behalf of Participant’s heirs,
executors, administrators and next of kin, Participant, and if applicable Guardian on Participant’s behalf, hereby
releases, indemnifies and forever discharges the Released Parties of and from any and every claim, demand, action
or right of action, of whatever kind or nature, either in law or in equity arising from or by reason of personal injury,
illness, permanent disability, death or other loss resulting or to result from exposure to COVID-19 as a result of
entering on the Premises and/or participating in any recreational activities on the Premises, whether or not such
claim, injury, illness, disability, death or other loss is caused by, or arises out of, in whole or in part, the negligent
act or omission of any of the Released.
In consideration of Participant being permitted to enter the Premises, Participant agrees to adhere to the Safety
Guidelines for LakePoint and the venue(s) they will be entering, which can be found at:
https://www.lakepointsports.com/safetyguidelines/. If applicable, the undersigned Guardian agrees to ensure
that Participant is aware of such Safety Guidelines and will adhere to them.
For the purposes hereof, the following definitions apply:
“Released Parties” are: LakePoint Land, LLC, LP Indoor Pavilion, LLC, PBRLP LLC, The Development Authority of
Bartow County, Bartow County, Georgia, Rally Volleyball, LLC, and their affiliates, parent companies, venturers,
subsidiaries, successors, assigns, agents, servants, officers, members, officers, principals and employees, all
independent contractors, all sponsors, and each of their employees, officers, directors, principals, agents,
representatives, volunteers, contractors, successors, and assigns.
AUTHORIZATION AND RELEASE TO USE:
Participant and, if applicable, Guardian further grants the Released Parties the right to photograph and/or
videotape Participant and further to display, use and/or otherwise exploit the name, face, likeness, voice, and
appearance of Participant forever and throughout the world, in all media, whether now known or hereafter
devised (including, without limitation, in online web casts, television, motion pictures, films, newspapers, and
magazines) and in all forms including, without limitation, digitized images, whether for advertising, publicity, or
promotional purposes, including, without limitation, publication of Event results and standings, without
compensation, reservation or limitation. LakePoint has developed a Privacy Statement in order to inform you of its
practices with respect to the collection, use, disclosure and protection of personal information and email
addresses. A copy of the Privacy Statement, which is incorporated herein by reference into this Agreement, is
available upon request.
This Agreement shall be governed by the laws of the State of Georgia. Venue for any litigation which relates to or
arises out of the Event, this Agreement or its breach will be exclusively in the United States District Court for the
Northern District of Georgia, Rome Division or a court of competent jurisdiction for Bartow County, Georgia, with
Participant and, if applicable, Guardian expressly consenting to venue and personal jurisdiction in Bartow County,
Georgia and waiving any rights to begin, defend, or remove any such litigation in any other forum or venue.
Participant certifies that Participant is eighteen (18) years of age or older and, Guardian, if Guardian is executing
this Agreement on behalf of Participant, the information set forth above pertaining to Participant is true and
complete and that the party signing has all due legal authority to sign this Agreement on its or Wards behalf.
If any provision of this Form shall be unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from this Form and shall not affect the validity and enforceability of any remaining
provisions. BY SIGNING BELOW, PARTICIPANT AND, IF APPLICABLE, GUARDIAN REPRESENTS AND WARRANTS
THAT PARTICIPANT HAS READ, UNDERSTOOD AND ACCEPT ALL THE CONDITIONS CONTAINED IN THIS