RELEASE AND INDEMNITY:
CONSIDERATION OF being permitted to participate in the Monet Waterlily Arts Festival (the “Event”), the undersigned, on behalf myself, my heirs, executors, administrators and assigns, hereby:
- Acknowledges that the undersigned's participation in the Event may include activities that may be hazardous to the undersigned and assumes the risk of injury or harm, including death, associated with such participation.
- Releases and forever discharges Gibbs Gardens, LLC, and its employees, officers, directors, shareholders, affiliates, agents, representatives, successors and assigns (collectively the "Releasees") of and from all liability, claims, demands, damages, costs, expenses, actions and causes of action (collectively the "Claims") in respect of death, injury, loss or damage to myself or property howsoever caused, arising or to arise by reason of or during my participation in the Event, whether prior to, during or subsequent to my attendance and notwithstanding that any Claim may have been contributed to or occasioned by the negligence of any of the Releasees.
- Indemnifies and saves harmless the Releasees from and against any and all liability incurred by any or all of them arising as a result of or in any way connected to my participation in the Event.
- Understands and acknowledges that Gibbs Gardens, LLC, does not carry or maintain health, medical or disability insurance coverage for the undersigned and therefore agrees to assume responsibility for such insurance coverage on the undersigned.
- Agrees that in the event that any provision of this Release and Indemnity is held to be invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability of such provision will not affect the remaining provisions of this Release and Indemnity which shall continue to be enforceable.
BOTH GIBBS GARDENS, LLC AND THE ARTIST UNDERSTAND AND AGREE THAT:
This Agreement, which includes the Application, contains the entire agreements of the parties hereto and supersedes all prior discussions and agreements between the parties. Any such discussions, from the date hereof, shall be null and void. This agreement may not be changed orally, but only by a document in writing signed by both Gibbs Gardens, LLC and artist.
Any changes, additions, stipulations or deletions, including corrective lining out by either Gibbs Gardens, LLC or artist, will not be considered agreed to or binding on the other unless such modifications have been initialed or otherwise approved in writing by the other.
This agreement is executed, delivered intended to be performed, shall be construed and shall be enforced in accordance with the laws of the State of Georgia.