Prepared for use with 40to60s Friends of Charlotte events — North Carolina

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This Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnification Agreement ("Agreement") is entered into by the undersigned participant ("Participant," "I," or "me") in connection with participation in 40to60s Friends of Charlotte activities.

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1. Voluntary Participation

I understand that my participation in any Event, and in any activities, gatherings, outings, or informal meetups organized, promoted, or facilitated by the Group (collectively, "Activities"), is entirely voluntary. I am participating because I want to, and I have not been pressured or required to participate by the Group or anyone associated with it.

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2. Assumption of Risk

I understand and acknowledge that participation in the Activities carries inherent risks, some of which cannot be eliminated regardless of the care taken by the Group. These risks include, but are not limited to:

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• Physical injury, illness, disability, or death arising from participation in activities, travel to and from events, use of venue facilities or equipment, weather conditions, or exposure to communicable diseases (including but not limited to colds, flu, and COVID-19 and its variants) from contact with other attendees; 

• Loss, theft, or damage to personal property, including vehicles, electronics, clothing, and other belongings brought to or left at an event;

• The acts, omissions, negligence, or conduct of other Group members, attendees, guests, and third parties not under the Group's control, including risks associated with meeting and interacting with people I do not know;

• Conditions of the venue or location, including premises I do not control, that are owned or operated by third parties;

• Risks associated with transportation to, from, or during an event, including rideshares, carpools, or travel arranged informally among attendees; and

• Risks associated with any food, beverages, or alcohol served or available at an event.

I VOLUNTARILY AND KNOWINGLY ASSUME ALL SUCH RISKS, KNOWN AND UNKNOWN, and I understand that this assumption of risk is a material part of my agreement to participate.

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3. Release and Waiver of Liability

To the fullest extent permitted by North Carolina law, I, on behalf of myself and my heirs, executors, administrators, and assigns, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Group, its founders, organizers, administrators, moderators, volunteers, employees, and agents (collectively, the "Released Parties"), from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, personal injury, illness, or death that may occur as a result of my participation in the Activities, to the extent such loss, damage, injury, illness, or death is caused by the ordinary negligence of a Released Party.

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This release does not apply to, and does not waive claims arising from, gross negligence, recklessness, willful or wanton conduct, or intentional acts of a Released Party. Nothing in this Agreement is intended to, or shall, limit liability where such limitation is prohibited by North Carolina law.

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4. No Responsibility for Personal Property

The Group is not responsible for any personal property that is lost, stolen, damaged, or left behind at any event or Activity. I am solely responsible for safeguarding my own belongings and am encouraged not to bring valuables I am not willing to risk losing.

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5. Health Acknowledgment

I represent that I am physically and mentally able to participate in the Activities and that I have no medical condition that would create an unreasonable risk of harm to myself or others by participating, or I have consulted a healthcare provider and been cleared to participate. I understand that the Group is not providing medical supervision or advice, and I assume full responsibility for monitoring my own health and physical limitations during the Activities.

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6. Indemnification

To the extent permitted by law, I agree to indemnify and hold harmless the Released Parties from any loss, liability, damage, or cost (including reasonable attorneys' fees) that any Released Party may incur arising out of my own negligent or wrongful acts or omissions in connection with the Activities.

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7. Emergency Medical Care

In the event of an injury or medical emergency during an Activity, I authorize the Group's organizers or volunteers to contact emergency medical services and/or my emergency contact listed below on my behalf. I understand that the Group is not obligated to, and may not have staff able to, provide medical care itself, and I agree that I am responsible for any costs of medical care or transportation I receive.

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8. Photography and Media Release 

I understand that the Group may take photographs or video during events for use in newsletters, social media, or promotional materials. I grant the Group permission to use my image or likeness for these purposes without compensation, unless I notify the organizer in writing before an event that I do not consent. This section does not affect the waiver and release above.

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9. Participants Under 18

This Agreement is intended for adult participants. North Carolina generally does not permit a parent or guardian to waive a minor child's own claims for personal injury by signing on the child's behalf, except in limited circumstances. If minors will attend Group Activities, the Group should have counsel review whether and how a parent/guardian acknowledgment can be used for that purpose, and should apply heightened supervision precautions. A separate Parent/Guardian Consent and Acknowledgment form should be used for any minor attendee and is not a substitute for adult supervision.

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10. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict-of-laws principles. Any dispute arising out of or related to this Agreement or the Activities shall be brought exclusively in the state or federal courts located in Mecklenburg County, North Carolina, and I consent to the jurisdiction of those courts.

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11. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent to the extent possible.

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12. Entire Agreement

This Agreement constitutes the entire agreement between the Participant and the Group regarding its subject matter and supersedes any prior oral or written understandings. This Agreement may not be modified except in writing signed by an authorized representative of the Group.

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13. Acknowledgment

I HAVE READ THIS AGREEMENT IN FULL. I UNDERSTAND THAT BY SIGNING IT, I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR ORDINARY NEGLIGENCE. I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT, AND INTEND FOR IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE FULLEST EXTENT ALLOWED BY NORTH CAROLINA LAW.