Trellis Participant Release and Waiver of Liability

Required for first-time applicants. Paper copy is available upon request.

In consideration for the willingness of Trellis Horticultural Therapy Alliance (“Trellis”) to accept the individual signing below (“Participant”), as a participant in its program, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Participant does freely, voluntarily and without duress execute the following Release for and on behalf of him or herself and his or her heirs, successors, beneficiaries and assigns:

1. Waiver and Release. Participant releases, forever discharges, indemnifies, and holds harmless Trellis and its directors, officers, employees, volunteers, agents, successors and assigns (collectively the “Released Parties”) from any and all liability, claims, demands and causes of action of whatever kind or nature, either in law or in equity, arising out of or relating to Participant’s activities at Trellis (“Activities”), including but not limited to any claim for any bodily injury, personal injury, illness, death or property damage that may arise out of, occur during or result from the Activities, regardless of whether caused in whole or in part by an act or omission of a Released Party. Participant also understands that, except as otherwise agreed to by a Released Party in writing, the Released Parties do not provide any financial assistance of any kind, including but not limited to medical, health or disability insurance coverage for any participant in Trellis’s programs.

2. Medical Treatment. Participant releases, forever discharges, indemnifies, and holds harmless the Released Parties from any claim, demand or cause of action whatsoever arising out of or relating to any first aid or medical treatment rendered in connection with the Activities.

3. Covid-19 Waiver and Release. In addition to any other risks posed by participating in the Activities, Participant understands that, despite any safety precautions being taken by Trellis, by participating in the Activities there is a risk of potential exposure to COVID-19 or any other harmful virus or bacteria, which may result in illness or death. Participant releases, forever discharges, indemnifies and holds harmless Trellis and its directors, officers, employees, volunteers, successors and assigns from any and all liability, claim, costs or expense related to such risk.

4. Assumption of the Risk. Participant understands that the Activities may involve activities that may be hazardous to the Participant and inherently dangerous risks, including but not limited to gardening, digging, planting, lifting, carrying, using tools or equipment and other strenuous activity, potential exposure to employees, volunteers, or other individuals, including members of the public, who may be infected with COVID-19, and travel to and from locations where Trellis is performing its services. Participant hereby expressly and specifically assumes the risk of damage, injury, harm or death in connection with such Activities.

5. Transportation Release. Participant releases, forever discharges, indemnifies and hold harmless the Released Parties from any and all liability, loss, costs or expenses sustained or incurred because (a) Participant was injured, died or sustained property loss or damage while being transported by any of the Released Parties, or (b) because Participant injured another person or damaged the property of another person while being transported by any of the Released Parties.

6. Photographs and Other Media. Participant grants and conveys to Trellis all right, title and interest in any and all photographic images and video or audio recordings made by or for Trellis during Participant’s participation in the Activities, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.

7. Miscellaneous. Participant expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the state of Georgia, and that this Release will be governed by and interpreted in accordance with the laws of the state of Georgia without giving effect to its conflict of laws rules. Participant agrees that in the event that any clause or provision of this Release is held to be invalid by any court of competent jurisdiction, the invalidity of that clause or provision will not affect the remaining provisions of this Release, which will continue to be enforceable. Participant agrees that the sole and exclusive jurisdiction and venue for litigation between Participant and Trellis will be a state or federal court having jurisdiction over Dekalb County, Georgia. Participant acknowledges having had an opportunity to read this Agreement in full and an opportunity to ask any questions regarding its contents.

Are you 18 or over? *