HICKORY HEDGE LLC LIABILITY RELEASE AND WAIVER
This LIABILITY RELEASE AND WAIVER (these "Terms", this "Waiver") constitutes a binding legal agreement between Hickory Hedge, LLC. a Tennessee limited liability company ("Hickory Hedge") and (or "me") as of the date of my signature to this Waiver, and as such by my entering of and Use (as defined in Section 2 below) of the property located at 8600 Thorngrove Pike, Knoxville, Tennessee 37914 (the *Premises" I agree to be bound on the terms and subject to the conditions set forth in this Waiver.
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 my Use of the Premises facilities, equipment. or materials, whether caused by the negligence of the Released Parties or otherwise.
6. Additional Conditions of Use
My "Use" means: the entering of and being physically present on the Premises for any duration of time: participating in classes, workshops and or other events on the Premises: using any facilities, trails, or equipment on the Premises for any duration of time: and the licensing or use of, or any portion of. the Premises.
I represent that am in good physical condition and have no medical reason or impairment that might prevent me from my intended Use of the Premises and/or my intended participation in any activity, class, program, workshop, or other Use. If have any health or medical concerns now or before such Use in the future, I will discuss them with my doctor and advise Hickory Hedge regarding such health or medical concerns immediately and fully. agree that my Use of the Premises is entirely.at.my.own.risk
I understand and agree that the activities engaged in on the Premises are outdoors and involve certain dangers and risks that can lead to serious injury and even death. Such dangers and risks include, without limitation, rapidly changing weather conditions, exposure to the sun, rain, snow. hail and lightning. falling limbs and trees, wildlife encounters, and steep and/or uneven terrain. I understand and agree that certain activities on the Premises I will be engaged in involve risks, known or unknown, inherent or otherwise, in addition to those stated herein. I recognize and agree that my Use of the Premises and any of the services or equipment provided at or through the Premises is entirely optional and voluntary. I ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS,
(a) I agree that am personally responsible for my safety and actions during my Use of the Premises. I agree to Use the Premises and its facilities, equipment, and materials in a safe way and in accordance with any instructions. (b) I agree to comply with all Hickory Hedge policies whether posted or provided to me in writing, including but not limited to, policies regarding scheduling and cancellation, together with all other policies, guidelines, signage, and instructions related to health and safety. (c)I agree that will be responsible for any applicable fees for my Use of the Premises, its facilities, services, equipment. or materials, and for any and all damage. loss, or clean-up of same caused by me. (d) I hereby grant to Hickory Hedge. full and unrestricted publishing and use rights for any photographs taken by the Hickory Hedge manager, Hickory Hedge, and/or its staff. of myself. my likeness, my guests, their likeness, materials, products, and/or other items during my Use of the Premises. hereby release, discharge, and agree to hold harmless Hickory Hedge from any liability by virtue of any blurring, distortion, alternations, 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.
DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, THAT I MAY SUSTAIN, OR ANY LOSS OR DAMAGE OF PROPERTY OWN, AS A RESULT OF BEING ENGAGED IN SUCH ACTIVITY WHETHER CAUSED BY THE NEGLIGENCE OF THE PREMISES OR OTHERWISE.
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 LLC or the property owner or lessor, or their owners, board members, partners, officers, agents, servants, 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. or any of the property belonging to me. 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, or around the Premises and or while using any Premises facilities. equipment, or materials.
By signing below. I acknowledge and represent 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; and I execute this document for full, adequate, and complete consideration, fully intending to be bound by the same. This Waiver sets forth the entire agreement and understanding between me and Hickory Hedge relating to its subject matter and merges all prior discussions, oral or otherwise. No amendment to this Waiver will be effective unless in writing signed by both parties to this Agreement. If any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of this Waiver as a whole. Hickory Hedge shall not be deemed hereby to have waived any rights or remedies it may have in law or equity. nor to have given any authorizations or waived any of its rights under this Waiver, unless, and only to the extent, it does so by a specific writing signed by a duly authorized officer of Hickory Hedge. - agree that this Waiver shall be governed by and construed in accordance with Tennessee law, submit to the exclusive jurisdiction of any court of competent jurisdiction in and for Knox County. Tennessee, and agree that a final judgment in any action or proceeding is conclusive and may be enforced by suit or in any other manner provided by law or in equity.