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WIT Release and Waiver of Liability

RELEASE OF LIABILITY AND WAIVER OF RIGHTS

  1. RELEASE FROM LIABILITY. I fully and forever release and discharge WIT and its respective affiliates, directors, officers, managers, employees, agents, and insurers, and all others involved in the Activity from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my and my dependent child’s participation in the Activity, even if they are due to the ordinary negligence, act, omission, or other fault of WIT. This waiver and release does not extend to claims for intentional misconduct, or any other actions that Applicable Law does not permit to be released by agreement.
  2. COVENANT NOT TO SUE. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against WIT, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others’) property in connection with my or my dependent child’s participation in the Activity, and I waive any right I may have to do so. This means that I cannot sue to hold WIT responsible for any injury, loss, or damage sustained by me, other parties, or my (or others’) property in connection with the Activity, even if it is due to the ordinary negligence, act, omission, or other fault of WIT.
  3. NECESSARY MEDICAL TREATMENT. I hereby consent to medical treatment deemed necessary if my dependent child is injured or requires medical attention during participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless WIT from any claim based on such treatment or other medical services.

This Release and Waiver shall be binding upon and enforceable against me, my personal representatives, spouse, successors and assigns, heirs, and next of kin without limitation. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release and Waiver shall be enforceable to the fullest extent permitted by applicable laws, ordinances, statutes, rules, and regulations (“Applicable Law“). If any portion of this Release and Waiver is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release and Waiver to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release and Waiver shall continue from this date forever.

This document constitutes the entire agreement between WIT and me with respect to the Activity and supersedes any previous or contemporaneous discussions or agreements between us in respect to the Activity. All matters arising out of or relating to this Release and Waiver shall be governed by and construed in accordance with the laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction). Section headings are for convenience of reference only and shall not define, modify, expand, or limit any of the terms of this Release and Waiver.

I specifically acknowledge and agree that this document is not intended to be a general release subject to limitations and conditions that would otherwise apply under Applicable Law, and additionally agree to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER APPLICABLE LAW. This Release and Waiver shall be construed and interpreted as broadly as possible under Applicable Law.