The individuals named on the membership application form (referred to as "I","me" or "parents"), and his or her children (collectively with me, “Participant’s Family” or “My Family”) desire to participate in various classes (collectively, the "Activities"), hosted by the South Asian Parents of Northwest Atlanta (“SAPNA” or “SAPNA School”), a parent-led group residing in or around Marietta, Georgia at various locations in the area, including but not limited to county parks and other venues (the "Premises"). In consideration of being permitted by SAPNA to enter the Premises and participate in the Activities, and in recognition of SAPNA’s reliance hereon, Participant’s Family agrees to all the terms and conditions set forth in this agreement (this "Release").

1. My Family and I are aware of the highly contagious nature of bacterial and viral diseases, including COVID-19, seasonal flu, and other diseases and/or respiratory viruses (collectively, the "Disease") and the risk that My Family and I may be
exposed to or contract the Disease by being on the Premises and engaging in the Activities, which may result in illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or
financial loss. My Family and I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of SAPNA representatives. I understand that while SAPNA may have implemented measures to reduce the risk of injury from the Activities and the spread of the Disease, SAPNA cannot guarantee that My Family or I will not be injured or become infected with the Disease while on the Premises or during My Family and I’s participation in the
Activities and that being on the Premises and engaging in the Activities may increase My Family and I’s risk of contracting the Disease.

 

NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT MY FAMILY AND I ARE VOLUNTARILY ACCESSING THE PREMISES AND PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGERS INVOLVED. MY FAMILY AND I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF SAPNA SCHOOL OR OTHERWISE.

2. My Family and I hereby expressly waive and release any and all claims, now known or hereafter known, against SAPNA School and its officers, directors, board members, agents, affiliates, successors, and assigns (collectively, "Releasees") on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, death, property damage, or financial loss arising out of or attributable to My Family and I being on the Premises or participating in the Activities, whether arising out of the ordinary negligence of SAPNA or any Releasees or otherwise. My Family and I covenant not to make or bring any such claim against SAPNA or any other Releasee, and forever release and discharge SAPNA and all other Releasees from liability under such claims.

3. I confirm that My Family and I are: (a) in good health and proper physical condition and do not have any medical or other conditions that would impair our ability to participate in the Activities; and (b) not experiencing symptoms of the Disease (such as cough, shortness of breath, sore throat, congestion, headache, muscle or body aches, chills, or fever), do not have a confirmed or suspected case of the Disease, and have not come in contact in the last fourteen (14) days with a person who has been confirmed to have or suspected of having the Disease. My Family and I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activities and the Disease while on the Premises or participating in the Activities. If at any time My Family or I believe conditions to be unsafe, that we are no longer in proper physical condition to participate in the Activities, or we begin experiencing symptoms of the Disease, we will immediately discontinue further participation in the Activities.

4. My Family and I shall defend, indemnify, and hold harmless SAPNA and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against SAPNA or any other Releasees, arising out of or resulting from any claim of a third party related to My Family and I being on the Premises or
participating in the Activities, including any claim related to my own negligence or the ordinary negligence of SAPNA.

5. My Family and I hereby consent to receive medical treatment deemed necessary if we are injured or require medical attention during our participation in the Activities. My Family and I understand and agree that we are solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. My Family and I hereby release, forever discharge, and hold harmless SAPNA School and all other Releasees from any claim based on such treatment or other medical services. 

6. This Release constitutes the sole and entire agreement between SAPNA School and My Family and I with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements,  representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of SAPNA School, the Releasees, and My Family and I, as well as our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Cobb County or Fulton County, Georgia, and My Family and I hereby consent to the exclusive jurisdiction of such courts.

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BY PARTICIPATING IN ANY SAPNA-SPONSORED EVENTS, OR IN ANTICIPATION THEREOF, MY FAMILY AND I ACKNOWLEDGE THAT WE HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT WE ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE SAPNA SCHOOL, ITS BOARD MEMBERS, AND THE RELEASEES. MY FAMILY AND I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT, WE HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT.