Nomad | Liability Waiver and Terms & Conditions

In consideration of receipt of and participation in wellness services (the “Services”) performed by Nomad Tybee, LLC or a contractor for Nomad Tybee, LLC, as well as other good and sufficient consideration, the receipt and sufficiency of which is hereby acknowledged, I,
INDEMNIFICATION
I agree to indemnify, hold harmless and defend Nomad Tybee, LLC, its affiliates, and all their members, managers, officers, employees, contractors, agents, volunteers, or other representatives (collectively, the “Indemnified Parties”) from any and all fault, liabilities, damages, costs, expenses, claims, demands, judgments, costs of defense, or lawsuits arising out of related to, or connected with:
(1) my receipt of or participation in Services;
(2) my use of any products, equipment or personal property used as part of the Services; and
(3) any and all actions or omissions by me. Should any of the Indemnified Parties incur any expense or become obligated to pay any attorney’s fees or court costs in connection with reviewing, analyzing, compromising or defending any claims or demands arising out of the subject matter with respect to which indemnification is provided by this Agreement, or for purposes of enforcing this Agreement, I agree to reimburse such Indemnified Party for such expenses, attorney’s fees, or costs within a reasonable time, in no event to exceed ten days after receiving written notice from the Indemnified Party of such expenses, attorney’s fees, or costs.
WAIVER AND ASSUMPTION OF RISK
I understand and am aware that my receipt of and participation in Services involves risks. These risks may lead to tangible or intangible harm, including, but not limited to, injury, permanent harm, or death. I agree that such harm may result not only from my own actions but also from the actions of others. I understand and expressly acknowledge that an inherent risk of exposure to COVID-19 exists in any place where people are present. I am also aware that there are risks that I may not have considered.
I waive for myself and for my executors, personal representatives, administrators, assignees, insurers, heirs, and next of kin any and all rights and claims for damages, injuries, losses, demands, and any other actions or claims, except for acts of gross negligence or willful or wanton conduct, that I may have against any of the Indemnified Parties arising out of, related to, or connected with
(1) the Services;
(2) my use of any products, equipment or personal property used as part of the Services; and
(3) my personal property (whether or not entrusted to any Indemnified Party). The Indemnified Parties shall not be liable for, and I on behalf of myself, my executors, personal representatives, administrators, assignees, insurers, heirs, and next of kin, release the Indemnified Parties from any and all such claims and liabilities, except for acts of gross negligence or willful or wanton conduct.
MISCELLANEOUS
I am over 18 years of age and am emotionally, medically and physically able to enter into this Agreement and to receive or participate in the Services. This Agreement binds me and my executors, personal representatives, administrators, assignees, insurers, heirs, and next of kin. I expressly agree that this Agreement is intended to be as broad and inclusive as permitted by law, and that if any provision of this Agreement is deemed invalid or otherwise unenforceable, the enforceability of the remaining provisions will not be impaired thereby.
I expressly give the Indemnified Parties permission to use photographs and/or video of me taken in and during the Services for the purposes of advertising and/or promoting Nomad Tybee, LLC. I agree that this Agreement shall be construed, interpreted, and governed by the laws of the State of Georgia, without regard to conflicts of law principles. I agree that any lawsuit arising out of this Agreement or out of my receipt of or participation in the Services or activities of any of the Indemnified Parties, shall be brought in Chatham County, Georgia. I have read this Agreement fully and I understand and agree to its terms. I acknowledge that I have the right to have my attorney review this Agreement and advise me regarding my rights and obligations.
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