EXHIBIT 1: PARTICIPANT RELEASE AND WAIVER OF LIABILITY
This Participant Release and Waiver of Liability (the “Release”) executed by (“Participant”)
releases 10Ten Project, Inc., (“10Ten Project”) its successors, assigns, directors, officers, employees, agents, contractors and subcontractors to the fullest extent allowable by law. I desire to join in the Program and any Activities facilitated by 10Ten Project as described in the Participant Agreement, including all functions, events, trips, counseling, therapy, and other Activities. I understand that I am responsible for my own insurance coverage in the event of personal injury or illness as a result of participation in 10Ten Project Program or Activities. Now therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Waiver and Release
I HEREBY RELEASE, WAIVE, DISCHARGE AND HOLD HARMLESS, 10TEN PROJECT AND ITS SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY, CLAIM AND DEMANDS OF WHATEVER KIND OF NATURE, EITHER IN LAW OR IN EQUITY, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION IN THE 10TEN PROJECT PROGRAM AND ALL ACTIVITIES. I UNDERSTAND AND ACKNOWLEDGE THAT THIS RELEASE DISCHARGES 10TEN PROJECT, TO THE FULLEST EXTENT PERMITTED BY LAW, FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST 10TEN PROJECT WITH RESPECT TO BODILY INJURY, PERSONAL INJURY, ILLNESS, DISFIGUREMENT, DEATH, PROPERTY DAMAGE, OR ANY OTHER CLAIM THAT MAY RESULT FROM MY PARTICIPATION IN THE PROGRAM OR ANY ACTIVITIES COORDINATED BY 10TEN PROJECT.
2. Assumption of Risk
I AM FAMILIAR WITH THE PROGRAM AND THE ACTIVITIES DESCRIBED IN THE PARTICIPANT AGREEMENT AND THE HAZARDS CONTAINED THEREIN. I RECOGNIZE THAT THERE ARE BOTH FORESEEABLE AND UNFORESEEABLE RISKS AND HAZARDS DIRECTLY OR INHERENTLY INVOLVED IN MY PARTICIPATION IN THE PROGRAM OR ANY ACTIVITIES CONTEMPLATED IN THE PARTICIPANT AGREEMENT, AND THAT 10TEN PROJECT HAS NO CONTROL OVER SUCH DANGERS AND MAKES NO REPRESENTATIONS ABOUT MY SAFETY. I FURTHER ACKNOWLEDGE THAT I HAVE FULL KNOWLEDGE OF THE FACTS AND CIRCUMSTANCES ASSOCIATED WITH MY PARTICIPATION IN THE PROGRAM AND THE ACTIVITIES STATED IN THE PARTICIPANT AGREEMENT. IF I CHOOSE TO PARTICIPATE IN AN THE PROGRAM OR ANY INDIVIDUAL ACTIVITY, I VOLUNTARILY AND FREELY ASSUME ALL RESPONSIBILITY AND RISK, INCLUDING, BUT NOT LIMITED TO, ALL RISK OF LOSS OF LIMB OR LIFE; PHYSICAL AND EMOTIONAL INJURIES; SERIOUS ILLNESS SUCH AS INFECTIOUS AND NON-INFECTIOUS DISEASES; AND CONDITIONS ARISING FROM MY PARTICIPATION IN THE PROGRAM OR ANY ACTIVITY, OR ASSOCIATED WITH ANY DEVELOPING OR PRE-EXISTING CONDITIONS, ACCIDENTS, PROPERTY DAMAGE, INJURY TO OTHERS, OR OTHER HAZARDS. IT IS MY EXPRESS INTENT THAT THIS RELEASE SHALL BE BINDING ON ALL MEMBERS OF MY FAMILY, MY SPOUSE, HEIRS, ESTATE, PERSONAL REPRESENTATIVE, ADMINISTRATORS, AND ASSIGNS.
3. Insurance
I UNDERSTAND THAT 10TEN PROJECT DOES NOT ASSUME ANY RESPONSIBILITY FOR, OR OBLIGATION TO, PROVIDE ME WITH FINANCIAL OR OTHER ASSISTANCE, FOR ANY INJURIES THAT OCCUR DURING MY PARTICIPATION IN THE 10TEN PROJECT PROGRAM OR ANY ACTIVITIES THAT ARE PART OF THE PROGRAM. I EXPRESSLY WAIVE ANY SUCH CLAIM FOR COMPENSATION OR LIABILITY ON THE PART OF 10TEN PROJECT. FURTHER, I UNDERSTAND THAT 10TEN PROJECT ARE NOT INSURERS OF PARTICIPANTS’ BEHAVIOR AND THAT 10TEN PROJECT ASSUMES NO LIABILITY WHATSOEVER FOR PERSONAL INJURIES OR PROPERTY DAMAGE TO PARTICIPANTS OR TO THIRD PERSONS ARISING OUT OF PARTICIPATION IN ANY THE PROGRAM OR ANY ACTIVITY FACILITATED BY 10TEN PROJECT. I ASSURE 10TEN PROJECT THAT I WILL HAVE ADEQUATE LIABILITY, HEALTH, AND ACCIDENT INSURANCE DURING MY PARTICIPATION IN THE PROGRAM, OR OTHER MEANS NECESSARY TO PAY FOR ANY PERSONAL LIABILITY AND MEDICAL COSTS, INCLUDING MEDICAL EVACUATION THAT MAY DIRECTLY OR INDIRECTLY RESULT FROM MY PARTICIPATION IN THE PROGRAM OR ANY ACTIVITY FACILITATED BY 10TEN PROJECT.
4. Medical Certification
I CERTIFY THAT I AM PHYSICALLY ABLE TO PARTICIPATE IN THE PROGRAM AND ALL ACTIVITIES WITHOUT AID OR ASSISTANCE. I FURTHER CERTIFY THAT I AM WILLING TO ASSUME THE RISK OF INJURY CAUSED BY ANY MEDICAL OR PHYSICAL CONDITION THAT I MAY HAVE, WHETHER PREEXISTING OR ARISING DURING MY PARTICIPATION.
5. Medical Treatment
I HEREBY RELEASE AND FOREVER DISCHARGE 10TEN PROJECT FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST-AID TREATMENT OR OTHER MEDICAL SERVICES RENDERED IN CONNECTION WITH AN EMERGENCY DURING PARTICIPATION IN THE 10TEN PROJECT PROGRAM OR ANY ACTIVITIES. I HEREBY CERTIFY THAT, WITH OR WITHOUT ACCOMMODATION, I HAVE NO UNDISCLOSED HEALTH-RELATED CONDITIONS THAT PRECLUDE OR RESTRICT MY PARTICIPATION IN ANY ACTIVITY FACILITATED BY 10TEN PROJECT. I HEREBY CONSENT TO RECEIVE ALL FIRST AID, EMERGENCY MEDICAL CARE, AND, IF NECESSARY, ADMISSION TO AN ACCREDITED HOSPITAL FOR EXECUTING SUCH CARE OR TREATMENT, FOR INJURIES THAT I MAY SUSTAIN WHILE PARTICIPATING IN ANY ACTIVITY FACILITATED BY 10TEN PROJECT.
6. Other
AS A PARTICIPANT, I EXPRESSLY AGREE THAT THIS RELEASE IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAWS OF THE STATE OF GEORGIA AND THAT THIS RELEASE SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA IRRESPECTIVE OF THE LAWS OF ANOTHER STATE. I AGREE THAT IN THE EVENT THAT ANY CLAUSE OR PROVISION OF THIS RELEASE IS DEEMED INVALID, THE ENFORCEABILITY OF THE REMAINING PROVISIONS OF THIS RELEASE SHALL NOT BE AFFECTED.
By signing below, I affirm that I am of proper age and of sound mind, that I have carefully read and understood the terms and conditions of this Release and accept all terms as stated herein, and that it is my intent to enter this Release and Waiver of Liability freely and voluntarily. I hereby assume all risks, both stated and unstated, and willingly choose to participate in the Program and any Activities constituting part of the Program.