WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists while participating in activity or activities involving the Sheep, Bulls, Steers, or Equine at any event that involves Twisted Horn Rodeo Company, LLC and/or Austin Grant Parker and/or Lynsey Simmons Parker (hereinafter the "Activity"); and IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in the same; I HEREBY, for myself, my heirs, my family, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor", "I”, or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and I HEREBY release and forever discharge Austin Grant Parker and Lynsey Simmons Parker their affiliates, Family, managers, members, agents, attorneys, employees, staff, volunteers, heirs, representatives, predecessors, owner(s) of events or property where the Activity is taking place, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity. I am voluntarily participating in the aforementioned activity, and I am participating in the activity entirely at my own risk. I am aware of the risks associated with participating in this activity, which may include, but are not limited to physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel to and from the activity, or from conditions at the activity location(s). Nonetheless, I assume all related risks, both known and unknown to me, of my participation in this activity. I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs. I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize “Releasees” to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDS, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I HEREBY ACKNOWLEDGE that I have carefully read this "waiver and release" and fully understand that it is a release of liability. I expressly agree to release and discharge “releasees”, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against “releasees” for personal injury or property damage. To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of “releasees”. I agree that this release shall be governed for all purposes by Georgia law without regard to any conflict of law principles. Any action brought by any party hereto shall be brought within the state of Georgia, county of Whitfield. This release supersedes any and all previous oral or written promises or other agreements. In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness. This waiver and release of liability shall remain in effect for the duration of my participation in the activity and all subsequent events of participation. THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Releasor, and Austin Grant Parker agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on its language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this Agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect. If a court should find that any provision of this Agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed, and enforced as so limited. I, the undersigned releasor, affirm that I am over the age of 18 years, and that I am freely in agreement with the release. I certify that I have read this agreement in its entirety, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a binding contract and that I am agreeing to it by my own free will. In the event that the releasor is under the age of consent (18 years of age), I hereby certify that I am the parent or legal guardian of named below and do hereby give my consent without reservation to the foregoing on behalf of this individual. I further show agreement in all that is mentioned herein by electronically signing this agreement and making payment online as well.
