LIABILITY AND PUBLICITY RELEASE AND WAIVER
This LIABILITY AND PUBLICITY RELEASE AND WAIVER (this "Waiver") constitutes a binding legal agreement between Hickory Hedge LLC, a Tennessee limited liability company ("Hickory Hedge") and I (or "me"), as parent or legal guardian and on behalf of Minor Participant. As of the date of my signature to this Waiver, and as such by Minor Participant's entering of and Use (as defined in Section 2 below) of the property at 8600 Thorngrove Pike Knoxville, TN 37914 (the "Premises" agree to be bound by the terms and subject to the conditions set forth in this Waiver.
Minor Participant's "Use" means: the entering of and being physically present in or at any facilities managed by Hickory Hedge for any duration of time; participating in any activities, workshops or other events taking place on the Premises; and using any facilities or equipment provided by Hickory Hedge for any duration of time.
I represent that Minor Participant is in good physical condition and has no medical reason or impairment that might prevent him or her from his or her intended Use of the Premises. I acknowledge that Hickory Hedge is not liable for injury or allergic reaction incurred on the Premises. I agree that Minor Participant's Use of Premises is entirely at his or her own risk.
OF LOSS, DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, THAT OR MINOR PARTICIPANT MAY SUSTAIN, OR ANY LOSS OR DAMAGE OF PROPERTY I OR MINOR PARTICIPANT OWN, AS A RESULT OF BEING ENGAGED IN SUCH ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF HICKORY HEDGE OR OTHERWISE
I recognize and agree that Minor Participant's Use of the Premises is entirely optional and voluntary. I ASSUME FULL RESPONSIBILITY FOR ANY RISKS
facilities, equipment, and materials in a safe way and in accordance with any instructions. (b) I agree to remain present with Minor Participant throughout the entirety of Minor Participant's Use. (c) I agree to comply with all Hickory Hedge policies and rules, including but not limited to. all policies, guidelines. signage. and instructions related to health and safety. including. but not limited to. any potential policy requiring cloth mask face coverings. (d) I agree that will be responsible for any and all damage. loss, or clean-up of Hickory Hedge facilities, services, equipment, or materials caused by me or Minor Participant. (e)I. as parent or legal guardian of Minor Participant, hereby give Hickory Hedge my permission, and grant to Hickory Hedge the right to photograph Minor Participant on the Premises use any and all such photographic or other images taken of Minor Participant for promotional purposes, including. but not limited to, social media, website, and print advertising. I hereby grant full and unrestricted publishing and use rights for any photographs taken by Hickory Hedge and or its staff, of myself, my likeness, Minor Participant, Minor Participant's likeness. my guests, their likeness, materials. products, and/or other items during Minor Participant's Use of the Premises. I hereby release, discharge. and agree to hold harmless Nourish from any liability by virtue of any blurring, distortion, alterations, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said photograph or any subsequent process thereof in any medium, as well as any publication thereof, including but without limitation, claims for libel or invasion of privacy. (f) On my own behalf and on behalf of Minor Participant, I acknowledge and agree that I have no right to review or approve any images or materials before they are used by Nourish or at any other time.
With full awareness and appreciation of the risks involved, and in consideration of permitting me to Use the Premises, I. for myself and on behalf of my family. spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby voluntarily forever release, waive. discharge, and covenant not to sue Hickory Hedge, or its owners, board members, partners, officers, agents, volunteers, independent contractors, affiliates, employees, instructors, staff, successors, and assigns (collectively. the "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, Minor Participant, or any of the property belonging to me and or Minor Participant, whether caused by the negligence of the Released Parties, any third-party using the Premises, or otherwise while participating in any activity while in, on Premises and or while using any Hickory Hedge facilities, equipment. or materials.
7. Io the fullest extent permitted by applicable law. on my own behalf. and on behalf of Minor Participant, I hereby irrevocably waive all legal and equitable rights relating to all liabilities. claims. demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement. infringement of moral rights. libel. defamation. invasion of any rights of privacy. violation of rights of publicity. physical or emotional injury or distress. or any similar. claim or cause of action in tort. contract. or any other legal theory, now known or hereafter known in any jurisdiction (collectively. "Claims") arising directly or indirectly from Hickory Hedge's exercise of its rights under this Waiver or the production, exhibition, advertising, promotion, exploitation, or other use of the images. and whether resulting in whole or in part by the nealigence of Hickory Hedge or any other person, covenant not to make or bring any such Claims against Hickory Hedge and its agents. employees. and representatives. and forever release and discharge Hickory Hedge from liability under such Claims,
As such, I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, property damage, loss of use, monetary loss, or any other injury from or related to Minor Participant's Use of the Premises, whether caused by the negligence of the Released Parties or otherwise.
6. Additional Conditions of Use
(a) I agree that am personally responsible for Minor Participant's safety and actions during Minor Participant's Use of the Premises. I. on my own behalf, and on behalf of Minor Participant, agree to Use Premises and the
By signing below, I acknowledge, represent, and warrant that have read this Waiver, understand it. and sign it voluntarily on my own free act and deed; that am sufficiently informed about the risks involved in using the Premises and to decide whether to sign this Waiver: I am at least eighteen (18) years of age and fully competent: I am Minor Participant's legal guardian or parent: no court has issued any order, judgment, or decree granting custody of Minor Participant to anyone else or otherwise affecting my rights as parent or legal guardianc Minor Participant has not been emancipated; I have the legal right. power, and authority to consent to this Waiver on behalf of Minor Participant and myself: and I execute this document for full, adequate. and complete consideration, fully intending to be bound by the same. This Waiver sets forth
USE OF THE HICKORY HEDGE PREMISES REQUIRES YOUR ACCEPTANCE OF THIS 2 PAGE AGREEMENT (VERSION 2022-02-22)