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.