I, the above named participant and undersigned, hereby acknowledge that I will attend the ATLANTA HAWKS and GOLDEN STATE WARRIORS professional basketball game at Philips Arena, 1 Philips Dr., Atlanta, GA 30303, (hereinafter "Activity") with Berean Christian Church, scheduled Friday, March 2, 2018. I understand this activity involves highway travel to and from Philips Arena, 1 Philips Dr., Atlanta, GA 30303, and acknowledge that Berean Christian Church, Inc. ("Berean") is the legal entity that will provide and operate the vehicle(s) for this activity.
As a condition of and in consideration of permitting me to participate in the BCC’s Activity and travel, I freely and voluntarily agree to sign this ASSUMPTION OF RISK, WAIVER, RELEASE AND HOLD HARMLESS AGREEMENT form (“Release”) in the space provided below indicating acknowledgment and agreement with the following:
- I understand the Activity’s departure and return site is Berean Christian Church, 2201 Young Rd., Stone Mountain, Georgia 30088. I understand Berean staff and/or adult volunteers may accompany BCC’s Activity participants while traveling to and from the departure and destination sites.
- ASSUMPTION OF RISKS: I understand and agree that it is impossible to eliminate all risk involved in domestic travel, which may include private or public vehicle, and/or local transportation systems, including places of dining and entertainment, and many other factors outside the control of Berean. The risk may range in severity from minor to serious and could include even death. With my understanding of these risks, I hereby voluntarily agree to ASSUME ALL RISKS associated with my participation, travel, dining, and entertainment in such Activity or program, including, merely observing an activity or program, as well as travel in vehicles provided or arranged by Berean Christian Church.
- RELEASE, WAIVER and HOLD HARMLESS: I, for myself, my heirs, personal representatives or assigns, do hereby knowingly, freely and voluntarily RELEASE, WAIVE, COVENANT NOT TO SUE, and DISCHARGE Berean Christian Church, Inc., its board of directors, officers, pastors, employees, volunteers, representatives, agents and affiliate entities (hereinafter individually and collectively "Berean") from any and all liability, claims, causes of action, suits, including negligence resulting in personal injury, accidents, or illness (including death), and property
damage, breach of contract, or loss arising from, but not limited to, my participation in this Activity.
- INDEMINFICATION: I further agree that if, despite this RELEASE, WAIVER OF LIABILITY, and ASSUMPTION OF RISK, I or anyone on my behalf, makes a claim against Berean, I will INDEMNIFY, DEFEND, and HOLD HARMLESS Berean from any loss, liability, damage, or cost which any may incur as the result of such claim for injuries, illness (including death), damages, medical expenses, or any other loss, claims, causes of action, including negligence resulting in personal injury to me (including attorney’s fees) which may arise from or related to my participation in Berean’s transportation. This indemnification shall survive the termination of the RELEASE
- I understand and agree that Berean ASSUME NO RESPONSIBILITY whatsoever in connection with the operation, safety, condition, service or failure to adhere to a published schedule of any place of business, arena, sports venue or restaurant, etc. which may be used for services to the Activity participants.
- I agree that I will conduct myself in a responsible manner at all times during this Activity program, follow the established itinerary, local, state, and federal laws and to refrain from engaging in illegal activity or have disruptive or unsafe behavior violating Berean Christian Church or the Activity’s rules and standards. I agree that if I do not comply with such laws or group rules and standards, I may be sent home at my
expense and waive the right to a refund of any and all fees.
- I understand that I am responsible for any damage I may cause while on this Activity to the destination facility, or other facilities, and I agree to pay for any such damages that I may cause and not hold Berean responsible.
- I understand and agree that Berean, its agents and ministry leaders, reserves the right, either prior to or after departure, in its good faith discretion, to change any part of the planned destination sites as necessary. Changes may include, but are not limited to, the right of Berean, its agents and ministry leaders to alter or omit any point of the itinerary, to substitute restaurant, activities, leaders, or to change any means of transportation without notice and without allowance for a refund, with the liability for increased costs, if any, to be the responsibility of the participants.
- If a dispute over this RELEASE or any claim for damages arises on my behalf, I agree to resolve the matter through a mutually acceptable alternative dispute resolution process. If the parties hereto cannot agree upon such process, the dispute will be submitted to a three-member arbitration panel for resolution in accordance with the civil rules of the American Arbitration Association.
- Should any portion of this RELEASE be deemed to be unenforceable or contrary to public policy, the remaining portions of this RELEASE shall survive and be enforceable. This RELEASE shall be governed by, subject to, and construed in all respects in accordance with the laws of the State of Georgia.
I, THE UNDERSIGNED PARTICIPANT, CERTIFY THAT I AM AT LEAST 18 YEARS OF AGE, COMPETENT AND TO THE BEST OF MY KNOWLEDGE, I HAVE PROVIDED TRUE, CORRECT AND ACCURATE INFORMATION IN THIS DOCUMENT, AND I HAVE READ THE ABOVE ASSUMPTION OF RISKS, WAIVER, RELEASE, HOLD HARMLESS AND INDEMNITY AGREEMENT PROVISIONS AND FULLY UNDERSTAND THE TERMS CONTAINED IN EACH PROVISION, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I UNDERSTAND THAT BEREAN CHRISTIAN CHURCH, ITS BOARD OF DIRECTORS, OFFICERS, PASTORS, EMPLOYEES, VOLUNTEERS, REPRESENTATIVES, AGENTS, AND AFFILIATE ENTITIES, IN REQUESTING AND RECEIVING THIS RELEASE, HAVE RELIED UPON THE SAME IN ALLOWING MY PARTICIPATION IN THE ABOVE DESCRIBED ACTIVITY. I ACKNOWLEDGE THAT I AM SIGNING THIS DOCUMENT FREELY AND VOLUNTARILY, AND I INTEND BY MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.