I, the above named and undersigned participant, hereby acknowledge that I will participate in Berean Christian Church Marriage Ministry "Yacht Party" (hereinafter "BCC’s Yacht Party") on Lake Lanier Island, Saturday, July 29, 2017, from 3:30 p.m. to 11:30 p.m. I understand this activity involves highway travel to and from Lake Lanier Island, 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 Yacht Party activity andtravel, 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 and acknowledge that Berean Christian Church, Inc. (“Berean”) does not own or operate a boat, yacht, or water vessel charter or cruise company or service for BCC’s Yacht Party, but that Berean has arranged this activity’s with Lanier Island Management Company, LLC, a provider of group boat charter transportationservices, and Islands Management Company, LLC, as authorized agent for LLI Management Company, LLC, at Lake Lanier Islands Resort.
- I understand and agree that it is impossible to eliminate all risk involved in domestic travel, which may include private or public vehicle (car, van, shuttle and/or bus), 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 agree to travel in the vehicle(s) provided and operated by Berean for the Yacht Party activity.
- ASSUMPTION OF RISKS:I certify that I am in good physical and mental health and able to travel without medical supervision. I understand and agree that participation in certain boating and water sports activities at Lake Lanier Islands are HAZARDOUS and involve a risk of injury, including but not limited to bodily injury or death resulting from drowning, collisions with other boats or objects or slipping and falling because of water on the premises. I hereby voluntarily agree to ASSUME ALL RISKS associated with my participation BCC’ Yacht Party activity or program, including, merely observing an activity or program, and travel in vehicle(s) and vessel(s) for BCC’s Yacht Party.
- 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, agents and affiliate entities (hereinafter collectively “Indemnified Party”) 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, judgements, demands or loss arising from, but not limited to, my participation in BCC’s Yacht Party. I further agree to INDEMNIFY and HOLD HARMLESS the Indemnified Party from any and all liabilities or claims made by other individuals or entities as a result of my actions, behavior or inactions during BCC’s Yacht Party.
- I understand and agree that the Indemnified Party ASSUME NO RESPONSIBILITY whatsoever in connection with the operation, safety, condition, service or failure to adhere to a published schedule of any vehicle, boat, or vessel, etc. which may be used for services to BCC’s Yacht Party participants
- I agree that I will conduct myself in a responsible manner at all times during BCC’s Yacht Party, follow the established itinerary, local, state, federal, and maritime laws and to refrain from the engaging in illegal activity or have disruptive or unsafe behavior. I understand no outside food or beverages are allowed; no swimming is allowed from the boat; and I will not interfere with the operation of the boat or vessel. I will comply with all group rules and standards which are presented by Berean Christian Church or by BCC’s Yacht Party leaders. I agree that if I do not comply with all 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 BCC’s Yacht Party to the destination facility, dining facility, or other facilities, motor coach transportation or vessel, and I agree to pay for any such damages that I may cause and not hold the Indemnified Party responsible
- I understand and agree that theIndemnified Party, its agents and Berean Marriage Ministry leaders, and the captain of the boat or vessel 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 Indemnified Party, its agents and ministry leaders, boat or vessel captain to alter or omit any point of the itinerary, to substitute restaurant, activities, leaders, or to change any means of transportation without notice.
- 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 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 AND HOLD HARMLESS 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, INC., ITS BOARD OF DIRECTORS, OFFICERS, PASTORS, EMPLOYEES, VOLUNTEERS, AGENTS, AND AFFILIATE ENTITIES, IN REQUESTING AND RECEIVING THIS RELEASE, HAVE RELIED UPON THE SAME IN ALLOWING MY PARTICIPATION IN BEREAN CHRISTIAN CHURCH’S ACTIVITY. I ACKNOWLEDGE THAT I AM SIGNING THIS DOCUMENT FREELY AND VOLUNTARILY, AND INTEND BY MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.