WAIVER, ASSUMPTION OF RISK, RELEASE, INDEMNIFICATION, HOLD HARMLESS, AND INFORMED CONSENT AGREEMENT (“RELEASE”)
I am over the age of eighteen, and I am fully competent to sign this Release. In consideration of being permitted to participate in information session(s), program(s), and/or other event(s) hosted by Be in Health Global, LLC® (“BiH”) and/or Pleasant Valley Church, Inc. D/B/A Hope of the Generations Church (“HGC”) (collectively, the “Activities”) and/or being allowed limited access to the properties located at 4178 Crest Highway, 1519 Pleasant Valley Road (owned and operated by the Hope of the Generations Campground, LLC (“Campground”)), Hope Inn located at 5000 Crest Hwy., Hope Inn located at 5000 Crest Hwy., or any other property owned or utilized by BiH, HGC, Campground, or a subsidiary, affiliate, or successor thereof (collectively, the “Properties”), I, on behalf of myself and my representatives, executors, heirs, next of kin, administrators, beneficiaries, successors and assigns (collectively, “my Representatives”), hereby agree to be bound by this Release.
1. Understanding of Risks. I certify that, except as expressly provided in my intake form, I have no mental or physical conditions that would prevent my participation in any Activities. I understand that my participation in the Activities and/or my presence at or use of the Properties entails certain inherent risks of physical injury, death or loss of property. I have carefully considered such risks, and I, on behalf of myself and my Representatives, voluntarily accept and consent to all such risks that may result from such participation, presence, or use.
2. Media Release. I, on behalf of myself and my Representatives, hereby assign and grant to BiH and HGC the right and permission to use and publish the photographs/film/videotapes/electronic representations and/or sound recordings, regardless of form, made of me at all Activities, and I hereby release the Released Parties (as defined below) from any and all liability arising from such use and publication. I hereby irrevocably authorize the reproduction, sale, copyright, exhibit, broadcast, electronic storage, and/or distribution of said photographs/film/videotapes/electronic representations and/or sound recordings without limitation, regardless of form, at the discretion of BiH and/or HGC, and I specifically and irrevocably waive any right to any compensation I may have for any of the foregoing.
3. General Release.
I, ON BEHALF OF MYSELF AND MY REPRESENTATIVES, HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE AND COVENANT NOT TO SUE BE IN HEALTH, INC., BE IN HEALTH GLOBAL, LLC, PLEASANT VALLEY CHURCH, INC. (D/B/A HOPE OF THE GENERATIONS CHURCH), HOPE OF THE GENERATIONS CAMPGROUND, LLC, ANY OTHER PERSON OR ENTITY THAT DIRECTLY OR INDIRECTLY OWNS ANY OF THE PROPERTIES, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, MINISTERS, OFFICERS, LIMITED LIABILITY COMPANY MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, THEIR RESPECTIVE RELATED, SUBSIDIARY, AND AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (HEREINAFTER, “RELEASED PARTIES”) FROM AND WITH RESPECT TO ANY CLAIMS OR LIABILITY, AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSS, ARISING FROM PARTICIPATION IN THE ACTIVITIES OR PRESENCE AT OR USE OF ANY OF THE PROPERTIES (INCLUDING WITHOUT LIMITATION CLAIMS, LIABILITY, DAMAGES OR LOSS ARISING FROM (A) THE DISCLOSURE OF MEDICAL INFORMATION BY THE RELEASED PARTIES (IF BELIEVED NECESSARY BY THE RELEASED PARTIES), AND/OR (B) PERSONAL INJURIES (INCLUDING DEATH), DAMAGE TO OR LOSS OF PROPERTY OR OTHER HARM, WHETHER FORESEEN OR UNFORESEEN, PRESENT OR FUTURE, KNOWN OR UNKNOWN, EVEN IF CAUSED OR ARISING IN WHOLE OR IN PART BY OR FROM THE NEGLIGENCE, FAULT, BREACH OF CONTRACT, STRICT LIABILITY, OR OTHER ACT, CONDUCT OR STATUS OF ANY OF THE RELEASED PARTIES, EXCEPT ONLY CLAIMS AND LIABILITY RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL OR WANTON MISCONDUCT OF A RELEASED PARTY. FURTHERMORE, I, ON BEHALF OF MYSELF AND MY REPRESENTATIVES, AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS AND LIABILITY, DAMAGE OR LOSS, RELEASED HEREIN. THIS INDEMNIFICATION INCLUDES ALL COSTS OF DEFENDING SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES, COSTS, AND EXPENSES, WHETHER SUIT IS FILED OR NOT.
4. Medical Treatment Authorization. I further authorize emergency medical treatment to be performed upon me by attending physicians at a local clinic or hospital as they and/or any of the Released Parties deem necessary, including but not limited to hospitalization, injections, medication, anesthesia and surgery. I agree to pay all costs and expenses incurred in connection with such medical treatment. I understand that the responsibility to obtain medical insurance is not the duty of any of the Released Parties.
5. Agreement to Continue Prescribed Medical Treatments. I have been informed of, and understand to be accurate, the following:
BiH and HGC do not seek to be in conflict with any medical or psychiatric practices, and they do not actively seek to conflict with any particular church or its religious doctrines, beliefs or practices. They do not practice medicine or psychology. They offer spiritual guidance and instruction from the Bible that they believe will promote better health. They believe many human problems are fundamentally spiritual with associated physiological and psychological manifestations. Information presented by BiH or HGC is intended for my general knowledge only. Such information is not a substitute for medical advice or treatment for specific medical conditions. BiH and HGC encourage me to seek prompt medical care for any specific health issues and to follow the advice of my medical provider. I understand that, based on the foregoing, I should continue any and all medications and other treatments prescribed by my medical provider, and I agree to do so until and unless my medical provider directs otherwise and/or alters such medications or treatments.
6. Campground Usage. I understand that the property located at 1519 Pleasant Valley Road is owned and operated by the Hope of the Generations Campground, LLC (the Campground), a separate, wholly-owned subsidiary of HGC, and that I am also releasing the Campground of any liability to the same extent as BiH and HGC.
7. Organized Outings. I understand that this Release also covers organized outings outside of the Properties, that such outings are provided to me as a convenience and are not required, and that my participation in such outings will be entirely voluntary and at my own risk.
8. General Provisions. This Release is binding upon me and my Representatives. This Release contains the complete expression of the agreement between me (for myself and my Representatives) and the Released Parties with respect to the subject matter hereof, and may be amended only in writing signed by the undersigned and the Released Parties’ representative(s), or their successors. It is not intended to release the Released Parties from any claims or liabilities that, as a matter of law, cannot be avoided, waived or released, and no provision hereof should be so interpreted. Section headings and titles are for convenience of reference only and shall not affect, nor be construed to affect, the meaning of any provision of this Release. This Release is governed by the internal laws of Georgia (even if applicable conflict of law rules would provide otherwise). The terms of this Release are severable. This Release shall not be strictly construed against any party.
