Membership Waiver

ASSUMPTION OF RISK, WAIVER OF LIABILITY, COVENANT NOT TO SUE, RELEASE OF CLAIMS,

HOLD HARMLESS AND INDEMNIFICATION AGREEMENT

Version 2026-1

I agree and represent that I understand the nature of the Travel Club (“Club”) offered by Cresswind at Lake Lanier Community Association, Inc. (“Association”), which includes periodic travel and activities away from the Cresswind at Lake Lanier Community, and desire to participate in the Club. I agree and represent that I am in good health and in proper physical condition to participate in the Club. I fully understand that participation in the Club involves risks of injury, death, property damage, property loss and other dangers. I fully understand that the Association does not make any representation as to the qualifications, competency, fitness or experience of any third parties assisting the Club, including, but not limited to, vehicle drivers and guides.

IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE CLUB, I KNOWINGLY AND VOLUNTARILY ACCEPT ALL FORESEEABLE AND UNFORESEEABLE RISK THAT I MAY BE EXPOSED TO OR INCUR AS A RESULT OF MY PARTICIPATION IN THE CLUB, INCLUDING, BUT NOT LIMITED TO, ALL INJURIES AND/OR DEATH CAUSED BY THE ASSOCIATION’S EMPLOYEES AND VOLUNTEERS, OTHER PARTICIPANTS, OR THIRD PARTIES WHILE AND WHEN PARTICIPATING IN THE CLUB, AND TAKE FULL RESPONSIBILITY FOR SUCH RISK.

I HEREBY, ON MY OWN BEHALF, AND ON BEHALF OF MY FAMILY MEMBERS, AGENTS, EXECUTORS, ESTATE, REPRESENTATIVES, HEIRS, SUCCESSORS, AND ASSIGNS FOREVER WAIVE, RELEASE, DISCHARGE, AND COVENANT NOT TO SUE THE ASSOCIATION AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, VOLUNTEERS, CONTRACTORS, INSURERS, ATTORNEYS, AGENTS, SUCCESSORS, REPRESENTATIVES, AND ASSIGNS AND ANY OTHER PERSONS PARTICIPATING IN THE CLUB (EACH CONSIDERED A “RELEASEE”) FROM ANY AND ALL CLAIMS, DEMANDS, DEBTS, EXPENSES, CAUSES OF ACTION, LAWSUITS, LOSSES, DAMAGES, AND LIABILITIES OF ANY KIND WHATSOEVER, WHETHER RELATING TO MY PERSON OR PROPERTY, AND WHETHER KNOWN OR UNKNOWN, WHICH I EVER HAD, NOW HAVE OR MAY HEREAFTER HAVE AGAINST ANY RELEASEE BY REASON OF ANY ACTION, OMISSION, TRANSACTION, PRACTICE, POLICY, AGREEMENT, PLAN, PROCEDURE, CONDUCT, OR OCCURRENCE ARISING FROM, RELATING TO, OR CONCERNING MY PARTICIPATION IN THE CLUB (“CLAIMS”). EXAMPLES OF CLAIMS THAT I HEREBY WAIVE INCLUDE, BUT ARE NOT LIMITED TO, THOSE FOR PERSONAL INJURY, DEATH, AND/OR LOST, STOLEN, OR DAMAGED PERSONAL PROPERTY I BRING TO THE CLUB. I FURTHER AGREE THAT IF, DESPITE THIS ASSUMPTION OF RISK, WAIVER OF LIABILITY, COVENANT NOT TO SUE, RELEASE OF CLAIMS, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT (“AGREEMENT”), I, OR ANYONE ON MY BEHALF, MAKES A CLAIM AGAINST ANY OF THE RELEASEES, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES, FROM ANY LITIGATION EXPENSES, ATTORNEYS’ FEES, LOSSES, LIABILITIES, DAMAGES, OR COSTS THAT ANY RELEASEE MAY INCUR AS A RESULT OF SUCH CLAIM.I ALSO AGREE THAT THIS IS A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.

As a condition of my participation in the Club, I further agree to comply with any policies, procedures, rules and regulations established by the Club and any third-parties regarding the Club. I hereby agree, by signing below and/or by participating in the Club, that any dispute or claim arising out of or connected with this Agreement or the performance, breach, or termination thereof shall be governed by and construed in accordance with the laws of the State of Georgia without regard to its conflict laws. Any action to enforce this Agreement shall be brought in the Superior Court of Hall County, Georgia.

I acknowledge that my participation in the Club is optional, and that I am participating freely and voluntarily, as a matter of personal interest and because I consider such participation to be personally beneficial. By checking the acknowledgment box presented during the membership checkout process and completing my membership purchase, I knowingly and voluntarily ACCEPT AND AGREE TO the above terms and conditions, all of which form the consideration given by me in exchange for my ability to participate in the Club. I acknowledge that I have fully read and understand this Agreement and have had the opportunity to retain or obtain a copy of it. I am not relying on any statements or representations made by the Releasees. I hereby verify that I am competent to understand and give my consent to the provisions contained herein and fully intend to be legally bound by them. This Agreement shall continue in full force and effect from the date of my electronic acceptance until I no longer participate in the Club.

BY CHECKING THE ACKNOWLEDGMENT BOX DURING THE MEMBERSHIP CHECKOUT PROCESS AND COMPLETING YOUR MEMBERSHIP PURCHASE, YOU ACKNOWLEDGE THAT YOU ARE RELINQUISHING SUBSTANTIVE LEGAL RIGHTS.

By checking the acknowledgment box during the membership checkout process, I electronically agree to and accept this Assumption of Risk, Waiver of Liability, Covenant Not to Sue, Release of Claims, Hold Harmless and Indemnification Agreement. My electronic acceptance constitutes my agreement to be bound by the terms of this Agreement.