By virtue of purchasing tickets for and/or participating in the Dunwoody Wine Stroll (the

“Wine Stroll”) offered by the City of Dunwoody (the “city”), and in consideration for my

being allowed to participate in the wine stroll, the receipt and sufficiency of which is

hereby acknowledged, I agree to be bound by each of the following provisions of this

waiver, release of liability, indemnification, consent to medical attention and grant of

rights (“Waiver”) with the knowledge that the city will rely on same:

Voluntary Participation: I understand and confirm that my participation in the Wine

Stroll is voluntary. I am in good health and suffer from no physical or mental condition

that would make me especially susceptible to injury or disability while participating in

the Wine Stroll.

Comprehension of Risk: I fully comprehend and accept all of the risks associated with

my participation in the Wine Stroll including, without limitation, injury or death resulting

from exposure to unfavorable weather conditions, food sickness, allergic reactions,

choking, and injuries arising from self-inflicted accidents or mishaps, other participants,

motor vehicles, and pedestrians. I understand that the Wine Stroll takes place in a

public venue under conditions largely beyond the city’s control.

Assumption of Risk: I assume all risks, known and unknown, foreseeable and

unforeseeable, in any way connected with my participation in the Wine Stroll. I accept

personal responsibility for any liability, injury, loss, or damage in any way connected

with my participation in the Wine Stroll.

Release of Liability; Limitation of Damages. I hereby forever and unconditionally release

the city and its affiliated entities, parent companies, subsidiaries, present and former

employees, owners, officers, members, managers, partners, contractors, insurers,

shareholders, directors, and elected officials (collectively “Released Entities”), from any

and all claims, actions, damages, liabilities, losses, costs, and expenses (including,

without limitation, attorney’s fees) for death, injury, loss or damage of property,

(collectively “Claims”) in any way arising out of my participation in the Wine Stroll,

including, without limitation, any and all Claims resulting from the negligence of the

Released Entities. The city’s liability to me will be limited to actual damages arising

from Released Entities’ gross negligence or willful misconduct in the performance of

their duties and responsibilities hereunder; provided, however, under no circumstance

shall my damages in connection with my participation in the Wine Stroll be greater than

$500. Recovery of such amount shall be my sole and exclusive remedy. All liability

arising out of my participation in the Wine Stroll is cumulative and not per incident. In

no event shall the city be liable for any special, incidental, punitive, or consequential

damages or other indirect damages, even if the city has been informed of the possibility

thereof.

Indemnification: I agree to defend and indemnify the Released Entities from any and all

Claims as incurred of any kind whatsoever in any way arising out of my participation in

the Wine Stroll.

Consent to Medical Treatment: I authorize the city to provide to me, through medical

personnel of its choice, customary medical assistance, transportation, and emergency

medical services. This consent does not impose a duty upon the city to provide such

assistance, transportation, or services.

Severability: If any provision of this Waiver is for any reason declared to be invalid or

unenforceable, the validity and enforceability of the remaining provisions will not be

affected. The invalid or unenforceable provision will be deemed modified to the extent

necessary to render it valid and enforceable, and if no modification may render it valid

and enforceable, this Waiver will be construed as if not containing such provision and

the rights and obligations of the parties will be construed and enforced accordingly.

Governing Law and Venue. This Waiver shall be governed in all respects by the laws of

the State of Georgia without regard to conflict of law principles. Venue shall be in

Dunwoody, Georgia.

Promotional Release: I hereby grant to the city the unrestricted right and permission to

copyright and use photographic portraits, pictures, video footage and/or audio

recordings of my participation in the Wine Stroll, in which I may be included intact or in

part, including the negatives, prints, transparencies or digital information relevant to

such portraits (the “Material”). The city has the right to reproduce, exhibit, distribute,

broadcast, digitize, edit, or otherwise use the Material, by any method and in any

media, whether now existing or later created, without restriction throughout the world,

by incorporating the Material into its website, publications, catalogues, brochures,

books, magazines, social media or commercial, informational, educational, advertising,

or promotional materials relating thereto (collectively, the “Works’). I agree that the

city is and shall be the exclusive owner of all right, title, and interest, including

copyright, in the Material and the Works. I further grant to the city an irrevocable,

royalty-free, worldwide license to use my name, age, and hometown in connection with

the Material and the Works.

THIS IS A WAIVER AND RELEASE OF LIABILITY. I HAVE READ THIS ENTIRE

DOCUMENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY

AGREEING TO ITS PROVISIONS. BY CONTINUING TO PARTICIPATE IN THE WINE

STROLL, I AM INDICATING MY VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS

WAIVER AND RELEASE OF LIABILITY.