Electric Cities of Georgia

RELEASE, WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT

1. In consideration for receiving permission to participate in the “ECG Powerline School: Apprenticeship, Advanced Lineworker, Groundman and Underground” programs (the “Activity”), I, on behalf of myself and my agents, heirs, executors, administrators, successors, assigns, insurers, attorneys, representatives, shareholders, owners associations, and any other legal or natural persons who may claim by, through or under me, hereby fully, finally, irrevocably, and forever release, waive, discharge, relinquish, settle, and acquit any and all claims, demands, actions, or causes of action, whether known or unknown, that I may have, purport to have, or may hereafter have against Electric Cities of Georgia, Inc., its officers, employees, servants, agents, representatives, contractors, subcontractors, suppliers, or any other affiliated persons or entities (hereinafter referred to as “Releasees”) arising out of or in any way relating to my participation in the Activity.
2. I am fully aware of risks and hazards connected with the Activity, including but not limited to personal injury, including bodily injury or death, and/or property damage. With this awareness, I hereby elect to voluntarily participate in the Activity with full knowledge that the Activity may be hazardous to me and my property. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, which may be sustained by me, or any loss or damage to property owned by me, as a result of the Activity.
3. I further hereby agree to indemnify and hold harmless the Releasees from any loss, liability, damage or costs, including court costs and attorney fees that I may incur due to my participation in the Activity.
4. I expressly agree that this Agreement is, will be, and may be raised as a complete defense to, and will preclude, any action or proceeding specified in, or involving claims encompassed by, this Agreement. I expressly agree that I shall not now or hereafter institute, maintain, prosecute, assert, and/or cooperate in the institution, commencement, filing or prosecution of any suit, action, and/or other proceeding, against any Releasee with respect to the claims, causes of action and/or any other matters subject to this Agreement. If such suit is instituted, I shall cause such suit, action, or proceeding to be dismissed with prejudice to the extent I am able through all reasonable efforts. If I commence, file, initiate, or institute any legal action or other proceeding against any Releasee with respect to the claims, causes of action and/or any other matters subject to this Agreement, any Releasee involved shall be entitled to recover any and all reasonable related costs and expenses from me arising out of my breach of obligations under this Agreement.
5. While Releasees have made reasonable efforts to provide quality training services, they make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, or suitability with respect to any training for any particular purpose. Any reliance you place on such training for a particular purpose is therefore strictly at your own risk. All information and material presented are subject to copyrights owned by Releasees and other individuals or entities. Any reproduction, retransmission, republication, or other use of all or part of any information distributed by Releasees is prohibited, unless written permission has been granted by Releasees or the appropriate copyright owner.
6. In signing this Agreement, I acknowledge and represent that I have read the foregoing Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate, complete and separate consideration, i.e., permission to participate in the activity, fully intending to be bound by same. I certify that I understand that I have the right to consult with an attorney of my choice before signing this Agreement.
7. This Agreement shall be governed by the laws of the State of Georgia, notwithstanding its conflict-of-law’s provisions. Jurisdiction and venue for any claims related to or concerning enforcement of this Agreement shall lie in the State Court of Fulton County, Atlanta, Georgia. I expressly consent to jurisdiction, forum, and venue there.