PARTICIPANT AGREEMENT, RELEASE OF LIABILITY, INDEMNITY AND ASSUMPTION OF RISK
Please carefully read the following terms and conditions relating to your participation in Proverbs 31 Ministries Reset Event. By registering for the Reset Event, you (the “Participant”) signify your acceptance of and obligation to these terms and conditions.
NOW, THEREFORE, in full and complete consideration of Proverbs 31 Ministries authorizing Participant to participate in the Reset Event and all other consideration provided, Participant hereby acknowledges and agrees as follows:
Acknowledgment. Participant acknowledges that his/her participation in activities at the Reset Event may pose potential and/or unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to himself/herself, to property or to third parties. Participant understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Reset Event. Participant hereby agrees to release, indemnify and discharge Proverbs 31 on behalf of himself/herself, his/her spouse, children, parents, heirs, assigns, personal representative(s) and estate.
Assumption of Risk. While Proverbs 31 will make reasonable efforts to disclose any potential dangers, hazards or risks at the site of the Reset Event, Participant understands Proverbs 31 is not obligated to do so. Participant further understands and appreciates the dangers, hazards and risks inherent to the Reset Event, including but not limited to contact with other participants, guests and workers; transportation to, from and around the site of the Reset Event; natural disasters; inclement weather; accidents; illnesses; and crimes, all of which could include serious or even fatal injuries or property damage or loss. Participant agrees and acknowledges that Proverbs 31, including individuals acting on Proverbs 31’s behalf, cannot and do not assume responsibility for such events or personal injuries or property damage arising therefrom, even if such injury or damage is a result of the negligence of Proverbs 31 or its shareholders, managers, directors, officers, agents, employees and/or volunteers of Proverbs 31 (collectively, the “Additional Releasees”). In no case shall Proverbs 31 be responsible for consequential or incidental damages or loss of profits.
Conduct. Participant shall not engage in disruptive activities during the Reset Event. Participant understands he/she is solely responsible to comply with all laws and regulations applicable to the Reset Event and shall so comply. Participant agrees to be solely responsible and accountable for his/her actions and omissions and shall not ask Proverbs 31 Ministries to accept responsibility for the same.
Indemnity. Participant fully and voluntarily accepts and assumes all such risks, dangers and hazards related to participation in the Reset Event and shall save and hold harmless, indemnify and defend Proverbs 31 Ministries and Additional Releasees from any claim by third parties (including Representatives) arising out of or in any way connected to Participant’s participation in the Reset Event. The indemnification shall not be exclusive of any other rights to which Proverbs 31 Ministries or Additional Releasees may be entitled under law. Participant further agrees to be solely responsible for paying the full market value of any and all damage to the site of the Reset Event resulting from or attributable to Participant’s actions or omissions thereon.
Waiver and Release. Participant agrees to assume all the risks and responsibilities surrounding participation in the Reset Event and, in advance, does release, waive, forever discharge and covenant not to sue Proverbs 31 Ministries or Additional Releasees from and against any and all liability for any harm, damage, claim, demand, action, cause of action, cost or expense of any nature that it may have or that may hereafter accrue arising out of or related to any loss, damage or injury, including but not limited to physical injury, suffering or death, that may be sustained by Participant and/or Representatives or by any property belonging to Participant, whether caused by the negligence or carelessness of Proverbs 31 Ministries or Additional Releasees with regard to Participant’s participation in the Reset Event. It is Participant’s express intent that this Agreement shall be deemed a release, waiver, discharge and covenant not to sue Proverbs 31 Ministries or Additional Releasees.
Force Majeure. Participant agrees that the Reset Event may not take place in part or in full due to any of several reasons beyond Proverbs 31 Ministries’ control (including but not limited to an act of God, pandemic, war, earthquake, civil disobedience or court order [“Force Majeure Event”]), and in such case, Proverbs 31 Ministries shall be excused from providing Participant participation in the Reset Event to the extent the Force Majeure Event dictates. Participant shall remain bound by the terms herein to the extent the Force Majeure Event allows Participant to participate in the Reset Event.
Termination. Notwithstanding anything herein to the contrary, Proverbs 31 Ministries shall have the right at any time and from time to time to deny Participant access to the Reset Event and to restrict Participant’s right to engage in activities during the Reset Event.
Severability. The invalidity or unenforceability of any provision of this Agreement, or any part of any provision hereof, shall not affect the validity of the remainder.
Miscellaneous. This Agreement shall be governed, construed and enforced in accordance with and subject to the laws of the State of Georgia, exclusive of conflicts of laws with the Agreement. The provisions of this Agreement shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions hereof. Except as otherwise provided herein, any controversy or claim arising out of or relating to this Agreement, or to the interpretation, breach or enforcement thereof, shall be submitted to arbitration in Atlanta, Georgia, in accordance with the commercial Agreement of the American Arbitration Association.
