Acknowledgment, Release, and Indemnification

Read Carefully Before Signing!

The undersigned (“Participant”) will be participating in certain activities (the “Activities”) at or with respect to the property which is located at (or described as) Weaver Cave in Anniston, Alabama (including the surrounding land, the “Site”) as an invited guest or volunteer of the Georgia-Alabama Land Trust, Inc. (GALT), a Georgia non-profit corporation, as well as the Gadsden Grotto of the National Speleological Society (GGNSS) (GALT and GGNSS, collectively, the “Licensor”). In consideration for permission to participate in the Activities, Participant (acting through and/or with the consent of his/her legal guardian, if the undersigned is a minor), agrees as follows:

1. Activities and Dangers of Participation. I familiarized myself with the rules for the Activities listed on Schedule 1 (below). I agree to obey the rules and follow all instructional signs at the Site. Licensor may photograph Participants engaged in Activities and freely utilize these images in Licensor’s marketing/social medial. Additionally, press/media may attend GALT event and obtain imagery for their news/commercial use. I fully recognize the potential risk/dangers of the Activities, and I voluntarily assume all associated risks, losses, and/or liabilities. I understand risks may include, by way of example only and without limitation: wild and domestic animals; risks/diseases associated with cave habitat and related species such as bats; slippery/uneven terrain, soils, cliffs non-potable water; insects/ticks/spiders and rodents; inclement weather; and general risks of vehicular and pedestrian travel. Participant(s) accepts the inherent risks of influenza, COVID-19 and variants, and other infections. Activities may also include my travel to, from, and upon the Site.

2. Participant Health & Equipment Familiarity. I have been properly instructed in, and understand the use of, any equipment I am to use in the Activities. My participation may require strenuous physical activity. I represent to and assure Licensor I am in good health and am not aware of any physical or medical condition that might endanger me or other participants.

3. Release of Claims and Indemnification. Acting for myself and my heirs, personal representatives, executors, assigns, and guardians ad litem, I hereby release Licensor, to include GALT and GALT’s employees, agents, representatives, volunteers, contractors, officers, and directors, as well as GGNSS and its employees, agents, representatives, volunteers, contractors, officers, and directors (collectively the “Released Parties”) from any and all losses, claims, damages, liabilities, demands, costs, and expenses of any kind whatsoever (including, without limitation, litigation costs and attorneys’ fees) for or with respect to participating in the Activities, to include the use of any provided equipment. I agree not to make any claim whatsoever against, or sue or attach the property for or with respect to any damage or injury to me or my property, or my death, from Activities, howsoever caused and whether or not arising in whole or in part from the negligence or alleged negligence of, or any other act or omission of or by the Released Parties. Further, I agree to indemnify and defend Licensor, to include GALT and all of GALT’s employees, agents, representatives, volunteers, members, contractors, officers, and directors, as well as GGNSS and its employees, agents, representatives, volunteers, contractors, officers, and directors (collectively, the “Indemnified Parties”) against, and to hold the same parties harmless of and from: (a) any and all losses, claims, damages, penalties, liabilities, demands, costs, and expenses of any kind or nature whatsoever (including, without limitation, litigation costs and attorneys’ fees) for injury or damage to me or my property, or for my death, arising from my participation in the Activities or during my presence on or travel to or from the Site, whether or not arising in whole or in part from the negligence or other acts of the Indemnified Parties; and (b) any and all losses, claims, damages, penalties, liabilities, demands, costs, and expenses of any kind or nature whatsoever (including, without limitation, litigation costs and attorney’s fees) for any injury or damage to any person or property, or for the death of any person, to the extent caused by me during my participation in the Activities, or during my presence on or travel to or from the Site. I further acknowledge the Indemnified Parties have made no representation or warranty of any kind regarding the Site condition, any facilities or equipment provided by Licensor, or the nature of the Activities.