Common use of Release and Indemnity Clause in Contracts

Release and Indemnity. PLEASE READ CAREFULLY. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS, WHICH I HEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR DEATH, I MAY SUFFER; AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITY.

Release and Indemnity. PLEASE READ CAREFULLY. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS, WHICH I HEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: RELEASED PARTIES AND AGREE THAT NEITHER I• PARTICIPANT SHALL PROTECT, NOR MY ESTATEDEFEND, HEIRSINDEMNIFY, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR DEATH, I MAY SUFFER; AND SAVE THE RELEASED PARTIES HARMLESS (““ INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITY.

Release and Indemnity. PLEASE READ CAREFULLYTO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIMSELF, CHILD PARTICIPANT, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO ▇▇▇, AND SHALL INDEMNIFY URBAN AIR, UATP MANAGEMENT, LLC, UATP IP, LLC, UA ATTRACTIONS, LLC, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT OR OTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S USE OF THE PREMISES, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF URBAN AIR, OR (E) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTSSHALL APPLY EVEN IF ANY THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, WHICH I HEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: RELEASED PARTIES AND AGREE THAT NEITHER IGROSS NEGLIGENCE, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGESTRICT LIABILITY, OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY WILLFUL MISCONDUCT OF THE PROTECTED PARTIES OR DEATH, I MAY SUFFER; AND SAVE PARTICIPANT. THE RELEASED INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES HARMLESS FROM (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT Y) ANY SUM OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT SETTLEMENT PAID TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, THE CHILD PARTICIPANT RESULTING FROM A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS CLAIM IN ANY WAY CONNECTED WITH INVOLVING THE RISKS OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, THIS RELEASE FOREGOING SUBSECTIONS AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING (Z) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITYCHILD PARTICIPANT.

Release and Indemnity. PLEASE READ CAREFULLY. THIS RELEASE FOR AND INDEMNITY SECTION CONTAINS A SURRENDER IN CONSIDERATION OF CERTAIN LEGAL RIGHTSTHE TOWN ALLOWING RENTER TO USE DOC’S PAVILION, WHICH I HEREBY ACKNOWLEDGE RENTER, FOR RENTER AND AGREE AS FOLLOWS: RELEASED PARTIES AND AGREE THAT NEITHER IRENTER’S DEPENDENTS, NOR MY ESTATEEXECUTORS, ADMINISTRATORS, HEIRS, ASSIGNS LEGAL REPRESENTATIVES, SUCCESSOR AND ASSIGNS, HEREBY RELEASES THE TOWN, THE TOWN COUNCIL, THE WAKARUSA POLICE DEPARTMENT, THE DOC’S PAVILION COMMITTEE, THE WAKARUSA CHAMBER OF COMMERCE AND EACH OF THEIR RESPECTIVE BOARDS, OFFICERS, DIRECTOS, AGENTS AND EMPLOYEES (COLLECTIVELY, “RELEASED PARTIES”) FROM AND FOR ANY AND ALL INJURY, DAMAGE, LOSS, LIABILITY, CLAIM, ACTION, DEMAND, CAUSE OF ACTION, COST, AND EXPENSE, INCLUDING, ANY ATTORNEYS’ FEES, SUSTAINED OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALFINCURRED BY RENTER AND ANY OF RENTERS DEPENDENTS DURING THE EVENT, WILL MAKE A CLAIM AGAINST THE SET-UP OF THE EVENT OR THE CLEAN-UP OF THE EVENT OR RELATED IN ANY WAY TO DOC’S PAVILION OR THE EVENT, INCLUDING, BUT NOT LIMITED TO, ANY INJURY OR DAMAGE CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES. THE FOREGOING RELEASE SHALL SURVIVE THE CONCLUSION OF THE EVENT. FOR AND IN CONSIDERATION OF THE TOWN ALLOWING RENTER TO USE DOC’S PAVILION, RENTER HEREBY AGREES TO INDEMNITY AND HOLD HARMLESS ALL OF THE RELEASED PARTIES FOR ANY AND ALL INJURY, DAMAGE, LOSS, LIABILITY, CLAIM, ACTION OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY CAUSE OF ACTION, DEMAND, COST, AND EXPENSE, INCLUDING, ANY ATTORNEYS’ FEES, WHICH MAY OR DEATHHEREAFTER BE MADE, I MAY SUFFER; AND SAVE INSTITUTED, FILED, RECOVERED AGAINST OR INCURRED BY ANY OF THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT AS A RESULT OF, IN CONNECTION WITH OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS IN ANY WAY CONNECTED WITH RELATED TO ANY OF THE RISKS OR MY O ENROLLMENT OR PARTICIPATION IN FOLLOWING: (I) THE EVENT OR THE ACTIVITIESEVENT, INCLUDING WITHOUT LIMITATION USE BUT NOT LIMITED TO, THE RENTER, THE RENTER’S DEPENDENTS, AND ANY GUEST OF RENTER, AND (II) ANY EQUIPMENT, FACILITIES, BREACH OR PREMISES, VIOLATION OF OR FAILURE TO COMPLY WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE ANY TERM OF THIS AGREEMENT BY RENTER OR ACTIVE, RENTER’S GUESTS AT THE EVENT. THE FOREGOING INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS OF RENTER SHALL APPLY REGARDLESS OF A CLAIM OF NEGLIGENCE MADE AGAINST ANY OF THE RELEASED PARTIES, THIS PARTIES AND SHALL SURVIVE THE CONCLUSION OF THE EVENT. THE TOWN IS EXPRESSLY RELYING ON THE FOREGOING RELEASE AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS AND HOLD HARMLESS OBLIGATIONS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM RENTER IN ALLOWING RENTER TO HOLD THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITYEVENT AT DOC’S PAVILION.

Release and Indemnity. PLEASE READ CAREFULLY. THIS RELEASE a. LESSEE HEREBY RELEASES AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTSAGREES TO INDEMNIFY, WHICH I HEREBY ACKNOWLEDGE DEFEND, AND AGREE AS FOLLOWS: RELEASED PARTIES HOLD LESSOR, ITS INDEMNITEE(S), SUBSIDIARIES AND AGREE THAT NEITHER ITHEIR RESPECTIVE DIRECTORS, NOR MY ESTATEOFFICERs, HEIRSEMPLOYEES, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALFAND AGENTS (COLLECTIVELY, WILL MAKE A CLAIM "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR DEATH, I MAY SUFFER; AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY LIABILITIES, CLAIMS, DEMANDS, SUITS, DAMAGES, AND LOSSES (INCLUDING WITHOUT LIMITATION ALL REASONABLE ATTORNEYS' FEES, COSTS, AND EXPENSES IN CONNECTION THEREWITH OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSONINCIDENT THERETO), FOR DEATHS OF OR INJURIES TO ANY INJURYPERSONS WHOMSOEVER (INCLUDING WITHOUT LIMITATION INDEMNIFIED PARTIES' EMPLOYEES), DAMAGEAND FOR LOSS OF OR DAMAGE TO OR DELAY IN THE DELIVERY OF ANY PROPERTY WHATSOEVER, DEATHINCLUDING WITHOUT LIMITATION ANY AIRCRAFT ON WHICH ANY ENGINE MAY BE INSTALLED AND LOSS OF USE THEREOF (COLLECTIVELY, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, "LOSSES") IN ANY MANNER ARISING OUT OF OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS DELIVERY, LEASING, STORAGE, TRANSPORTING, INSTALLATION, OPERATION, MAINTENANCE, USE, DETACHMENT OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE REDELIVERY OF ANY EQUIPMENTENGINE WHILE UNDER LEASE, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY REGARDLESS OF NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIESPASSIVE, THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIMTYPE OF INDEMNIFIED PARTIES; EXCEPT THAT THE FOREGOING INDEMNITY SHALL NOT APPLY TO THE EXTENT THAT ANY SUCH LOSSES ARE CAUSED BY THE WILLFUL OR WANTON MISCONDUCT OF INDEMNIFIED PARTIES. b. IN NO EVENT WILL LESSOR BE LIABLE FOR ANY REASON FOR SPECIAL, INCLUDING CLAIMS INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS LOST REVENUES, LOST PROFITS, OR LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE PERFORMANCE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED FAILURE TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT OR TREATMENT) ARE EXCLUDED FROM PERFORM UNDER THIS RELEASE AND INDEMNITYAGREEMENT.

Release and Indemnity. PLEASE READ CAREFULLYUSER AGREES THAT THE FOUNDATION SHALL NOT BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGE OR LOSS ARISING FROM OR RELATED TO ENTRY UPON, USE OF, OR ACTIVITY OR CONDUCT ON THE PROPERTY OR ANY CONDITION ON THE PROPERTY, REGARDLESS OF WHETHER A RESULT OF CONDITIONS OR HAZARDS THAT ARE LATENT OR THAT ARE UNKNOWN TO THE FOUNDATION, USER, OR INJURED PERSON. USER HEREBY RELEASES, DISCHARGES, AND COVENANTS NOT TO ▇▇▇ AND AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE FOUNDATION (WHICH, AS DEFINED ABOVE, INCLUDES THE ▇▇ ▇▇▇▇▇▇ FOUNDATION, ITS SUBSIDIARIES AND OTHER RELATED ENTITIES, AND THE OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, CONTRACTORS AND/OR LESSEES OF THE ▇▇ ▇▇▇▇▇▇ FOUNDATION, ANY OF ITS SUBSIDIARIES, OR ANY OF ITS OTHER RELATED ENTITIES) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, DAMAGES, AND OTHER LOSSES (INCLUDING COSTS AND ATTORNEY’S FEES) THAT: (1) ARISE FROM OR ARE RELATED TO THE ENTRY UPON, USE OF, OR ANY ACTIVITY OR CONDUCT ON THE PROPERTY BY USER OR BY ANY OF USER’S GUESTS; OR (2) ARISE FROM OR ARE RELATED TO ANY CONDITION ON THE PROPERTY AFFECTING USER OR ANY OF USER’S GUESTS. THIS RELEASE RELEASE, DISCHARGE, COVENANT NOT TO ▇▇▇ AND INDEMNITY SECTION CONTAINS A SURRENDER OBLIGATION TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SHALL APPLY EVEN IF THE CLAIM, DEMAND, CAUSE OF CERTAIN LEGAL RIGHTSACTION, WHICH I HEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURYLIABILITY, DAMAGE, OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY ARISES FROM OR DEATHIS RELATED TO NEGLIGENCE, I MAY SUFFER; GROSS NEGLIGENCE, STRICT LIABILITY, OR STATUTORY LIABILITY OF THE FOUNDATION OR ANY OTHER INDEMNITEE. THESE RELEASE AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES INDEMNITY PROVISIONS WAIVE AND EXPENSES) WITH RESPECT TO RELEASE ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, LIABILITY OF THE RELEASED PARTIES, THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH FOUNDATION (INCLUDING CLAIMS RELATED TO EMERGENCYFOR NEGLIGENCE, MEDICALGROSS NEGLIGENCE, DRUG AND/STRICT LIABILITY, OR HEALTH ISSUESSTATUTORY LIABILITY) PAST, RESPONSEPRESENT, ASSESSMENT AND FUTURE. AS USED IN THIS AGREEMENT, THE TERM “GUESTS” INCLUDES EMPLOYEES, CONTRACTORS, INVITEES, LICENSEES, MEMBERS, BUSINESS OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE SOCIAL GUESTS, AND INDEMNITYANY OTHER PERSON WHO ENTERS OR REMAINS ON THE PROPERTY WITH USER’S CONSENT OR ACQUIESCENCE.

Release and Indemnity. PLEASE READ CAREFULLYTO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIMSELF, CHILD PARTICIPANT, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO SUE, AND SHALL INDEMNIFY AND DEFEND URBAN AIR, UATP MANAGEMENT, LLC, UATP IP, LLC, UAATTRACTIONS, LLC, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COURT OR OTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S USE OF THE PREMISES, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF URBAN AIR, OR (E) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTSSHALL APPLY EVEN IF ANY CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, WHICH I HEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: RELEASED PARTIES AND AGREE THAT NEITHER IGROSS NEGLIGENCE, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGESTRICT LIABILITY, OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY WILLFUL MISCONDUCT OF THE PROTECTED PARTIES OR DEATH, I MAY SUFFER; AND SAVE PARTICIPANT. THE RELEASED INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES HARMLESS FROM (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT A) ANY SUM OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT SETTLEMENT PAID TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, THE CHILD PARTICIPANT RESULTING FROM A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS CLAIM IN ANY WAY CONNECTED WITH INVOLVING THE RISKS OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, THIS RELEASE FOREGOING SUBSECTIONS AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING (B) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITYCHILD PARTICIPANT.

Release and Indemnity. PLEASE READ CAREFULLY. THIS RELEASE THE CLIENT HEREBY IRREVOCABLY WAIVES AND INDEMNITY SECTION CONTAINS A SURRENDER RELEASES ANY RIGHT OF CERTAIN LEGAL RIGHTSACTION OR OTHER CLAIM OR RECOURSE (INCLUDING, WHICH I HEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: RELEASED PARTIES AND AGREE THAT NEITHER IWITHOUT LIMITATION, NOR MY ESTATEANY CLAIMS IN TORT OR OCCUPIERS LIABILITY, HEIRSANY LOSS, ASSIGNS DAMAGE, ACCIDENT, ILLNESS, OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, INCLUDING DEATH, COLLECTIVELY “CLAIM”) THAT THE CLIENT MAY AT ANY TIME HAVE AGAINST MITAS HILL VINEYARD, LLC D/B/A MITAS HILL VINEYARD OR ITS MEMBERS, MANAGERS, DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, SPONSORS, AGENTS, AND CONTRACTORS (COLLECTIVELY “MITAS HILL PARTIES”) IN RESPECT OF OR ARISING OUT OF ANY PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER LOSS WHICH THE CLIENT MAY AT ANY TIME INCUR OR SUFFER AS A RESULT OF OR ARISING OUT OF THE CLIENT’S USE OF, PRESENCE UPON, OR PROXIMITY TO MITAS HILL, EXCEPT FOR CLAIMS FOR PERSONAL WHERE SUCH INJURY OR DEATHLOSS IS CAUSED BY THE GROSS NEGLIGENCE OR OTHER WILLFUL WRONGDOING OF A PERSON OR PERSONS THAT THE CLIENT IS RELEASING HEREUNDER. THE CLIENT DISCHARGES, I MAY SUFFER; COVENANTS NOT TO ▇▇▇, AGREES TO INDEMNIFY AND SAVE HARMLESS THE RELEASED MITAS HILL PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES FROM AND EXPENSES) WITH RESPECT TO AGAINST ANY AND ALL CLAIMS BROUGHT OR THIRD PARTY CLAIMS, INCURRED OR SUFFERED BY, ARISING DIRECTLY OR INDIRECTLY OUT OF OR BY OR ON BEHALF REASON OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, NEGLIGENT OR OTHER LOSS IN ACT OF THE CLIENT OR HIS/HER GUESTS OR INVITEES, ANY WAY CONNECTED WITH THE RISKS OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT BREACH OF THIS AGREEMENT OR THE ACTIVITIESRULES AND REGULATIONS, INCLUDING WITHOUT LIMITATION USE AND ANY DAMAGE TO THE PROPERTY OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITYMITAS HILL.

Release and Indemnity. PLEASE READ CAREFULLYTO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIMSELF, CHILD PARTICIPANT, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO ▇▇▇, AND SHALL INDEMNIFY URBAN AIR, UATP MANAGEMENT, LLC, UATP IP, LLC, UA ATTRACTIONS, LLC, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT OR OTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S USE OF THE PREMISES, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF URBAN AIR, OR (E) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTSSHALL APPLY EVEN IF ANY THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, WHICH I HEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: RELEASED PARTIES AND AGREE THAT NEITHER IGROSS NEGLIGENCE, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGESTRICT LIABILITY, OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY WILLFUL MISCONDUCT OF THE PROTECTED PARTIES OR DEATH, I MAY SUFFER; AND SAVE PARTICIPANT. THE RELEASED INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECED PARTIES HARMLESS FROM (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT Y) ANY SUM OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT SETTLEMENT PAID TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, THE CHILD PARTICIPANT RESULTING FROM A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS CLAIM IN ANY WAY CONNECTED WITH INVOLVING THE RISKS OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, THIS RELEASE FOREGOING SUBSECTIONS AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING (Z) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITYCHILD PARTICIPANT.

Release and Indemnity. PLEASE READ CAREFULLY. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS, WHICH I HEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR DEATH, I MAY SUFFER; AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITY.

Release and Indemnity. PLEASE READ CAREFULLY. THIS RELEASE GRANTEE, FOR ITSELF, ITS SUCCESSORS AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS, WHICH I HEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR DEATH, I MAY SUFFER; AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENTASSIGNS, INCLUDING ATTORNEY’S FEES ANY SUCCESSOR OWNER OF ANY INTEREST IN THE PROPERTY, HEREBY RELEASES GRANTOR, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INDEMNIFIES, DEFENDS AND EXPENSES) WITH RESPECT TO SAVES HARMLESS GRANTOR, ITS AFFILIATES, THEIR EMPLOYEES, AGENTS, OFFICERS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT SUITS, ACTIONS, CAUSES OF ACTION, LEGAL OR ADMINISTRATIVE PROCEEDINGS, CLAIMS, DEMANDS, FINES, PUNITIVE DAMAGES, LOSSES, COSTS, LIABILITIES AND EXPENSES, INCLUDING ATTORNEYS' FEES, IN ANY WAY ARISING OUT OF OR CONNECTED WITH THE KNOWN OR UNKNOWN CONDITION OF THE PROPERTY (INCLUDING, WITHOUT LIMITATION, ANY CONTAMINATION IN, ON, UNDER OR ADJACENT TO THE PROPERTY BY ANY HAZARDOUS OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANTTOXIC SUBSTANCE OR MATERIAL), OR ANY OTHER PERSONFEDERAL, FOR STATE OR LOCAL LAW, ORDINANCE, RULE OR REGULATION APPLICABLE THERETO, INCLUDING, WITHOUT LIMITATION, THE TOXIC SUBSTANCES CONTROL ACT, THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, AND THE RESOURCE CONSERVATION AND RECOVERY ACT. THE FOREGOING WILL APPLY REGARDLESS OF ANY INJURYNEGLIGENCE OR STRICT LIABILITY OF GRANTOR, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTYITS AFFILIATES, OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS THEIR EMPLOYEES, AGENTS OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITYOFFICERS.

Release and Indemnity. PLEASE READ CAREFULLYA. REPRESENTATIVE PERMITS PARTICIPANT TO PARTICIPATE IN THE ACTIVITY WITH FULL KNOWLEDGE, UNDERSTANDING AND APPRECIATION OF THE RISKS OF INJURY INHERENT IN ANY PHYSICAL EXERCISE, MASSAGE OR THERAPY PROGRAM, PHYSICAL ACTIVITY OR ATHLETIC ACTIVITY, AND EXPRESSLY ASSUMES ALL RISKS OF INJURY AND EVEN DEATH WHICH COULD OCCUR BY REASON OF PARTICIPANT’S PARTICIPATION IN THE ACTIVITY. B. REPRESENTATIVE AGREES TO RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS, AT REPRESENTATIVE’S SOLE COST, ▇▇▇▇▇ AND THE CLUB FROM ANY CLAIM FOR LOSS, COSTS, DAMAGES, OR EXPENSES, ARISING FROM DEATH, BODILY INJURY, OR ANY OTHER DAMAGE TO PERSONS OR PROPERTY, INCLUDING LOSS OR THEFT OF PROPERTY THAT OCCURS BY REASON OF PARTICIPANT’S PARTICIPATION IN THE ACTIVITY, OR IS CAUSED BY: i. THE NEGLIGENT ACTS OR OMISSIONS OF ▇▇▇▇▇ OR THE CLUB; OR, ii. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER THE NEGLIGENT, GROSSLY NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF CERTAIN LEGAL RIGHTSREPRESENTATIVE, WHICH I HEREBY ACKNOWLEDGE AND AGREE PARTICIPANT, REPRESENTATIVE’S GUEST(S), OR PARTICIPANT’S GUEST(S); iii. THE NEGLIGENT, GROSSLY NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF ANY THIRD PARTY PARTICIPATING IN THE ACTIVITY; OR, iv. ANY CONDITIONS EXISTING ON THE PREMISES INCLUSIVE OF EQUIPMENT WHETHER CAUSED BY THE INADVERTENT, NEGLIGENT, GROSSLY NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF ▇▇▇▇▇ OR THE CLUB, OR, v. ALL PERSONAL PROPERTY BROUGHT TO THE ACTIVITY, IS BROUGHT AT THE SOLE RISK OF PARTICIPANT AS FOLLOWS: RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURYTO ITS THEFT, DAMAGE, OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR DEATHLOSS. C. REPRESENTATIVE, I MAY SUFFER; AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENTSIGNING BELOW, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITY.CERTIFIES THAT REPRESENTATIVE FULLY UNDERSTANDS THAT THIS

Release and Indemnity. PLEASE READ CAREFULLYSUPPLIER WILL RELEASE, INDEMNIFY, HOLD HARMLESS, AND, IF REQUESTED, DEFEND NOVATION, THE CLIENTS AND THE MEMBERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, REGENTS, AGENTS, SUBSIDIARIES, AFFILIATES AND EMPLOYEES (COLLECTIVELY, THE "INDEMNITEES"), FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, ACTIONS, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, EXPERT FEES AND COURT COSTS) OF ANY KIND OR NATURE, WHETHER AT LAW OR IN EQUITY, INCLUDING CLAIMS ASSERTING STRICT LIABILITY, ARISING FROM OR CAUSED IN ANY PART BY (1) THE BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT OF SUPPLIER CONTAINED IN THIS AGREEMENT OR IN THE BID; (2) THE CONDITION OF ANY PRODUCT, INCLUDING A DEFECT IN MATERIAL, WORKMANSHIP, DESIGN OR MANUFACTURING; OR (3) THE WARNINGS AND INSTRUCTIONS ASSOCIATED WITH ANY PRODUCT. THIS RELEASE SUCH OBLIGATION TO RELEASE, INDEMNIFY, HOLD HARMLESS AND INDEMNITY SECTION CONTAINS A SURRENDER DEFEND WILL APPLY EVEN IF THE CLAIMS, LIABILITIES, DAMAGES, ACTIONS, COSTS AND EXPENSES ARE CAUSED BY THE NEGLIGENCE, GROSS NEGLIGENCE OR OTHER CULPABLE CONDUCT OF CERTAIN LEGAL RIGHTSINDEMNITEES; PROVIDED, WHICH I HEREBY ACKNOWLEDGE HOWEVER, THAT SUCH INDEMNIFICATION, HOLD HARMLESS AND AGREE AS FOLLOWS: RELEASED PARTIES AND AGREE THAT NEITHER IRIGHT TO DEFENSE WILL NOT BE APPLICABLE WHERE THE CLAIM, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURYLIABILITY, DAMAGE, ACTION, COST OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY EXPENSE ARISES SOLELY AS A RESULT OF AN ACT OR DEATH, I MAY SUFFER; FAILURE TO ACT OF INDEMNITIES. THIS SECTION AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OBLIGATIONS CONTAINED HEREIN WILL SURVIVE THE EXPIRATION OR PAYMENT, INCLUDING ATTORNEY’S FEES EARLIER TERMINATION OF THIS AGREEMENT. THE REMEDIES SET FORTH IN THIS SECTION ARE IN ADDITION TO AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR NOT A LIMITATION ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, RIGHTS OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITYREMEDIES THAT MAY BE AVAILABLE AGAINST SUPPLIER.

Release and Indemnity. PLEASE READ CAREFULLYSUPPLIER WILL RELEASE, INDEMNIFY, HOLD HARMLESS, AND, IF REQUESTED, DEFEND NOVATION, THE CLIENTS AND THE MEMBERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, REGENTS, AGENTS, SUBSIDIARIES, AFFILIATES AND EMPLOYEES (COLLECTIVELY, THE “INDEMNITEES”), FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, ACTIONS, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, EXPERT FEES AND COURT COSTS) OF ANY KIND OR NATURE, WHETHER AT LAW OR IN EQUITY, ARISING FROM OR CAUSED IN ANY PART BY (1) THE BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT OF SUPPLIER CONTAINED IN THIS AGREEMENT OR IN THE BID; (2) THE CONDITION OF ANY PRODUCT, INCLUDING A DEFECT IN MATERIAL, WORKMANSHIP, DESIGN OR MANUFACTURING; OR (3) THE WARNINGS AND INSTRUCTIONS ASSOCIATED WITH ANY PRODUCT. THIS RELEASE SUCH INDEMNIFICATION, HOLD HARMLESS AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTSRIGHT TO DEFENSE WILL NOT BE APPLICABLE TO THE EXTENT THE CLAIM, WHICH I HEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURYLIABILITY, DAMAGE, ACTION, COST OR OTHER LOSS EXCEPT EXPENSE ARISES AS A RESULT OF AN ACT OR FAILURE TO ACT OF INDEMNITEES. IN ADDITION, SUPPLIER REPRESENTS AND WARRANTS THAT SALE OR USE OF THE PRODUCTS WILL NOT INFRINGE ANY UNITED STATES PATENT AND WILL, AT ITS OWN EXPENSE, DEFEND EVERY SUIT WHICH WILL BE BROUGHT AGAINST NOVATION OR A MEMBER FOR CLAIMS FOR PERSONAL INJURY ANY ALLEGED INFRINGEMENT OF ANY PATENT BY REASON OF THE SALE OR DEATHUSE OF THE PRODUCTS AND WILL PAY ALL COSTS, I MAY SUFFER; DAMAGES AND SAVE PROFITS RECOVERABLE IN ANY SUCH SUIT. THIS SECTION AND THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OBLIGATIONS CONTAINED HEREIN WILL SURVIVE THE EXPIRATION OR PAYMENT, INCLUDING ATTORNEY’S FEES EARLIER TERMINATION OF THIS AGREEMENT. THE REMEDIES SET FORTH IN THIS SECTION ARE IN ADDITION TO AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR NOT A LIMITATION ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, RIGHTS OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITYREMEDIES THAT MAY BE AVAILABLE AGAINST SUPPLIER.

Release and Indemnity. PLEASE READ CAREFULLY. WITHOUT LIMITING THE PROVISIONS OF PARAGRAPH (a) ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS RELEASE AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH (e) BUT SUBJECT TO THE PROVISIONS OF PARAGRAPH 24(C), BUYER HEREBY RELEASES SELLER AND INDEMNITY SECTION CONTAINS A SURRENDER (AS THE CASE MAY BE) SELLER’S OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, TRUSTEES, PARTNERS, EMPLOYEES, MANAGERS AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF CERTAIN LEGAL RIGHTSACTIONS, WHICH I HEREBY ACKNOWLEDGE LOSSES, DAMAGES, LIABILITIES, COSTS AND AGREE AS FOLLOWS: RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR DEATH, I MAY SUFFER; AND SAVE THE RELEASED PARTIES HARMLESS EXPENSES (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSESWHETHER THE SUIT IS INSTITUTED OR NOT) WITH RESPECT WHETHER KNOWN OR UNKNOWN, LIQUIDATED OR CONTINGENT (HEREINAFTER COLLECTIVELY CALLED THE “CLAIMS”) ARISING FROM OR RELATING TO (i) ANY AND ALL CLAIMS BROUGHT BY DEFECTS, ERRORS OR ON BEHALF OMISSIONS IN THE DESIGN OR CONSTRUCTION OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANTTHE PREMISES WHETHER THE SAME ARE THE RESULT OF NEGLIGENCE OR OTHERWISE, OR (ii) ANY OTHER PERSONCONDITIONS, FOR INCLUDING ENVIRONMENTAL AND OTHER PHYSICAL CONDITIONS, AFFECTING THE PREMISES WHETHER THE SAME ARE A RESULT OF NEGLIGENCE OR OTHERWISE. THE RELEASE SET FORTH IN THIS PARAGRAPH SPECIFICALLY INCLUDES, WITHOUT LIMITATION, ANY INJURYCLAIMS UNDER ANY ENVIRONMENTAL LAWS OF THE UNITED STATES, DAMAGETHE STATE IN WHICH THE PREMISES IS LOCATED OR ANY POLITICAL SUBDIVISION THEREOF OR UNDER THE AMERICANS WITH DISABILITIES ACT OF 1990, DEATHAS ANY OF THOSE LAWS MAY BE AMENDED FROM TIME TO TIME AND ANY REGULATIONS, LOST PROPERTYORDERS, STOLEN PROPERTYRULES OF PROCEDURES OR GUIDELINES PROMULGATED IN CONNECTION WITH SUCH LAWS, DISPOSED PROPERTY, REGARDLESS OF WHETHER THEY ARE IN EXISTENCE ON THE DATE OF THIS AGREEMENT. BUYER ACKNOWLEDGES THAT BUYER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL OF BUYER’S SELECTION AND BUYER IS GRANTING THIS RELEASE OF ITS OWN VOLITION AND AFTER CONSULTATION WITH BUYER’S COUNSEL. THE RELEASE SET FORTH HEREIN DOES NOT APPLY TO THE REPRESENTATIONS OF SELLER EXPRESSLY SET FORTH IN THIS AGREEMENT OR OTHER LOSS ANY INDEMNITY OR WARRANTY MADE BY SELLER IN ANY WAY CONNECTED DOCUMENT DELIVERED BY SELLER AT CLOSING; OR IN CONNECTION WITH THE RISKS OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE THIRD PARTY CLAIMS AGAINST BUYER WHICH ARISE AS A RESULT OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION EVENTS OCCURRING PRIOR TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, BUYER’S PERIOD OF OWNERSHIP OF THE RELEASED PARTIESPREMISES. In addition to the release set forth above, THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGEBuyer agrees to indemnify, LOSS OF CONSORTIUMdefend and hold Seller and Seller’s officers, BREACH OF CONTRACT OR ANY OTHER CLAIMdirectors, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIESmembers, WHETHER PASSIVE OR ACTIVEagents and representatives and their respective successors and assigns (collectively, the “Seller Indemnitees”) harmless, from and against any and all losses, damages, penalties, taxes, interest expenses (including, without limitation, reasonable attorneys’ fees and expenses), claims, actions, suits and demands which may be brought, instituted or made against or incurred by any Seller Indemnitee arising out of, on account of, with respect to, or relating to any of the following: (i) Buyer’s ownership of the Interests or operation of the Company, the Premises and Property following the Closing or (ii) any liabilities, contracts, commitments or other obligations of Seller which Buyer has assumed pursuant to this Agreement. PERSONAL INJURY OR WRONGFUL DEATH Seller agrees to indemnify, defend and hold Buyer and Buyer’s officers, directors, members, agents and representatives and their respective successors and assigns (INCLUDING CLAIMS RELATED TO EMERGENCYcollectively, MEDICALthe “Buyer Indemnitees”) harmless, DRUG AND/OR HEALTH ISSUESfrom and against any and all losses, RESPONSEdamages, ASSESSMENT OR TREATMENTpenalties, taxes, interest expenses (including, without limitation, reasonable attorneys’ fees and expenses), claims, actions, suits and demands which may be brought, instituted or made against or incurred by any Buyer Indemnitee arising out of, on account of, with respect to, or relating to Seller’s ownership of the Interests prior to the Closing, including but not limited to goods and services procured prior to Closing and accounts payable outstanding prior to Closing but excluding any matters disclosed to Buyer prior to the Closing, including the Permitted Encumbrances. Any indemnitee making a claim for indemnification hereunder shall notify the indemnitor of any claim or demand in respect of which the indemnitor may be liable hereunder. The failure of indemnitee to so notify the indemnitor shall not relieve the indemnitor from any liability for indemnification hereunder, except to the extent that the indemnitor has been materially prejudiced thereby. The indemnitor shall have the right to defend against any claim made against the indemnitee by a third party of the nature indemnified against hereunder provided (a) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITYthe indemnitor, within ten (10) days after receipt of the notice from the indemnitee, notifies the indemnitee that (i) the indemnitor disputes such claim, giving the reasons therefor, and (ii) the indemnitor will at its own cost and expense, defend the same, and (b) such defense is instituted and continuously maintained in good faith by the indemnitor. The indemnitee may, if it so elects, designate its own counsel to participate along with the counsel selected by the indemnitor in the conduct of such defense at its own expense. Notwithstanding the foregoing, if indemnitee’s independent counsel reasonably determines that a conflict of interest exists which jeopardizes the ability of counsel selected by the indemnitor to represent indemnitee, the expense of indemnitee’s counsel shall be paid by the indemnitor. In any event, the indemnitee shall be kept fully advised by the indemnitor as to the status of such defense. In the event the indemnitor shall be given notice of a claim as aforesaid and shall fail to notify the indemnitee of its election to defend such claim within the time and as prescribed herein, or after having so elected to defend such claim shall fail to institute and maintain such defense and perform its other obligations in accordance with the foregoing, then the indemnitee shall have the right, at the expense of the indemnitor, to negotiate, settle, or defend such claim on such terms as the indemnitee, in good faith, may determine appropriate and the indemnitor shall cooperate with the indemnitee with respect thereto. Upon the disposition or resolution of any claim indemnified hereunder, the indemnitor shall promptly and fully satisfy and discharge such and reimburse the indemnitee for all Losses paid or incurred by the indemnitee with respect to such claim.

Release and Indemnity. PLEASE READ CAREFULLYA. REPRESENTATIVE PERMITS PARTICIPANT TO PARTICIPATE IN THE ACTIVITY WITH FULL KNOWLEDGE, UNDERSTANDING AND APPRECIATION OF THE RISKS OF INJURY INHERENT IN ANY PHYSICAL EXERCISE, MASSAGE OR THERAPY PROGRAM, PHYSICAL ACTIVITY OR ATHLETIC ACTIVITY, AND EXPRESSLY ASSUMES ALL RISKS OF INJURY AND EVEN DEATH WHICH COULD OCCUR BY REASON OF PARTICIPANT’S PARTICIPATION IN THE ACTIVITY. B. REPRESENTATIVE AGREES TO RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS, AT REPRESENTATIVE’S SOLE COST, ▇▇▇▇▇ AND THE CLUB FROM ANY CLAIM FOR LOSS, COSTS, DAMAGES, OR EXPENSES, ARISING FROM DEATH, BODILY INJURY, OR ANY OTHER DAMAGE TO PERSONS OR PROPERTY, INCLUDING LOSS OR THEFT OF PROPERTY THAT OCCURS BY REASON OF PARTICIPANT’S PARTICIPATION IN THE ACTIVITY, OR IS CAUSED BY: i. THE NEGLIGENT ACTS OR OMISSIONS OF ▇▇▇▇▇ OR THE CLUB; OR, ii. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER THE NEGLIGENT, GROSSLY NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF CERTAIN LEGAL RIGHTSREPRESENTATIVE, WHICH I HEREBY ACKNOWLEDGE AND AGREE PARTICIPANT, REPRESENTATIVE’S GUEST(S), OR PARTICIPANT’S GUEST(S); iii. THE NEGLIGENT, GROSSLY NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF ANY THIRD PARTY PARTICIPATING IN THE ACTIVITY; OR, iv. ANY CONDITIONS EXISTING ON THE PREMISES INCLUSIVE OF EQUIPMENT WHETHER CAUSED BY THE INADVERTENT, NEGLIGENT, GROSSLY NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF ▇▇▇▇▇ OR THE CLUB, OR, v. ALL PERSONAL PROPERTY BROUGHT TO THE ACTIVITY, IS BROUGHT AT THE SOLE RISK OF PARTICIPANT AS FOLLOWS: RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURYTO ITS THEFT, DAMAGE, OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR DEATH, I MAY SUFFER; AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT LOSS. RELEASE WILL PROVIDE AN ABSOLUTE DEFENSE TO ANY AND ALL CLAIMS BROUGHT BY LAWSUIT OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANT, CLAIM AGAINST ▇▇▇▇▇ OR ANY OTHER PERSON, THE CLUB FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, INJURIES OR OTHER LOSS IN ANY WAY CONNECTED WITH DAMAGES THAT REPRESENTATIVE OR PARTICIPANT MAY INCUR BY REASON OF THE RISKS OR MY O ENROLLMENT OR PARTICIPANT’S PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITYACTIVITY.

Release and Indemnity. PLEASE READ CAREFULLYTO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIM(HER)SELF, CHILD PARTICIPANT, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO ▇▇▇, AND SHALL INDEMNIFY SYNNOVE’S SUNSHINE SCOOTERS, INC., ▇▇▇ ▇▇▇▇▇▇▇, AND ANY DONORS, MANUFACTURERS AND/OR AFFILIATES TO THE SCOOTERS AND THE MANUFACTURING PROCESS, FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COURT COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE RISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO THE PARTICIPANT IN ANY WAY FROM (A) PARTICIPANT’S USE OF THE SCOOTER, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF THE SCOOTER, (D) CONSUMPTION OF ALCOHOL, DRUGS, MEDICATION, OR MEDICAL CONDITION BY PARTICIPANT, (E) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTSSHALL APPLY EVEN IF ANY CLAIM IS CAUSED IN WHOLE OR PART BY THE NEGLIGENCE, WHICH I HEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: RELEASED PARTIES AND AGREE THAT NEITHER IGROSS NEGLIGENCE, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGESTRICT LIABILITY, OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY WILLFUL MISCONDUCT OF THE PROTECTED PARTIES OR DEATH, I MAY SUFFER; AND SAVE PARTICIPANT. THE RELEASED INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES HARMLESS FROM (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT F) ANY SUM OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT SETTLEMENT PAID TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, THE CHILD PARTICIPANT RESULTING FROM A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS CLAIM IN ANY WAY CONNECTED WITH INVOLVING THE RISKS OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, THIS RELEASE FOREGOING SUBSECTIONS AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING (G) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF THE ORDINARY NEGLIGENCE PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITYTHE CHILD PARTICIPANT.

Release and Indemnity. PLEASE READ CAREFULLY. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER 10.1 TO THE EXTENT CAUSED BY OR ARISING OUT OF CERTAIN LEGAL RIGHTSTRMC’S NEGLIGENCE, WHICH I HEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: RELEASED PARTIES AND AGREE THAT NEITHER IWILLFUL MISCONDUCT, NOR MY ESTATEACTS OR OMISSIONS, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGESTRICT LIABILITY, OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY BREACH OF THIS AGREEMENT IN THE PERFORMANCE OR DEATHNONPERFORMANCE OF THE SERVICES OR WORK OR TRMC’S BREACH OF THIS AGREEMENT, I MAY SUFFER; TRMC SHALL AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENTHEREBY DOES RELEASE, INCLUDING ATTORNEY’S FEES DEFEND, AND EXPENSES) WITH RESPECT TO INDEMNIFY TLO, TESORO LOGISTICS LP AND TESORO LOGISTICS GP, LLC, FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT CLAIMS, INCLUDING THOSE CAUSED BY OR ON BEHALF ARISING OUT OF MEANY AND ALL OF THE FOLLOWING, MY SPOUSEWHETHER OR NOT CONTRIBUTED TO BY THE ACT OR OMISSION OF ANOTHER (THIRD) PARTY: A. BODILY INJURY, A FAMILY MEMBERILLNESS OR DEATH TO ANY PERSONS, A CO- PARTICIPANTINCLUDING EMPLOYEES OF TRMC AND ITS CONTRACTORS; B. LOSS, DAMAGE AND DESTRUCTION OF PROPERTY; C. CLAIMED OR ACTUAL INFRINGEMENT OR CONTRIBUTORY INFRINGEMENT OF ANY PATENT, OR INFRINGEMENT OF ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTYCOPYRIGHT OR TRADEMARK, OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE MISAPPROPRIATION OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, TRADE SECRET; D. A BREACH OF ANY OF THE RELEASED PARTIESREPRESENTATIONS OR WARRANTIES CONTAINED IN ARTICLE 9 HEREOF; AND E. ANY CLAIMS ARISING IN CONNECTION WITH A LIEN BECOMING FIXED UPON THE AREA OF OPERATIONS OR OTHERWISE ASSERTED AGAINST ANY PROPERTY OF TLO AS A RESULT OF TRMC FAILING TO PAY (OR TO PROCURE THE PAYMENT OF) ITS DEBTS. 10.2 TRMC’S RELEASE, DEFENSE AND INDEMNITY OBLIGATIONS SHALL BE CONSTRUED IN ACCORDANCE WITH AND ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND IF ANY PORTION OF THIS ARTICLE 10 SHOULD BE DEEMED TO BE LEGALLY UNENFORCEABLE, THIS RELEASE ARTICLE 10 SHALL BE DEEMED AMENDED TO PROVIDE FOR TRMC’S OBLIGATIONS HEREUNDER TO BE THE MAXIMUM OBLIGATIONS ALLOWABLE UNDER APPLICABLE LAW, AND INDEMNITY SECTION INCLUDES THE REMAINING PORTIONS SHALL BE ENFORCED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. IN THOSE CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED WHICH TRMC IS REQUIRED TO EMERGENCY, MEDICAL, DRUG INDEMNIFY AND/OR HEALTH ISSUESDEFEND CLAIMS AGAINST TLO, RESPONSETLO SHALL HAVE THE RIGHT, ASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AT ITS OPTION AND INDEMNITYEXPENSE, TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM WITHOUT RELIEVING TRMC OF ANY OBLIGATIONS HEREUNDER.

Release and Indemnity. PLEASE READ CAREFULLYSUPPLIER WILL RELEASE, INDEMNIFY, HOLD HARMLESS, AND, IF REQUESTED, DEFEND NOVATION, THE CLIENTS AND THE MEMBERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, REGENTS, AGENTS, SUBSIDIARIES, AFFILIATES AND EMPLOYEES (COLLECTIVELY, THE "INDEMNITEES"), FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, ACTIONS, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, EXPERT FEES AND COURT COSTS) OF ANY KIND OR NATURE, WHETHER AT LAW OR IN EQUITY, INCLUDING CLAIMS ASSERTING STRICT LIABILITY, ARISING FROM OR CAUSED IN ANY PART BY (1) THE BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT OF SUPPLIER CONTAINED IN THIS AGREEMENT; (2) THE CONDITION OF ANY PRODUCT, INCLUDING A DEFECT IN MATERIAL, WORKMANSHIP, DESIGN OR MANUFACTURING; OR (3) THE WARNINGS AND INSTRUCTIONS ASSOCIATED WITH ANY PRODUCT. THIS RELEASE SUCH OBLIGATION TO RELEASE, INDEMNIFY, HOLD HARMLESS AND INDEMNITY SECTION CONTAINS A SURRENDER DEFEND WILL APPLY EVEN IF THE CLAIMS, LIABILITIES, DAMAGES, ACTIONS, COSTS AND EXPENSES ARE CAUSED BY THE NEGLIGENCE, GROSS NEGLIGENCE OR OTHER CULPABLE CONDUCT OF CERTAIN LEGAL RIGHTSINDEMNITEES; PROVIDED, WHICH I HEREBY ACKNOWLEDGE HOWEVER, THAT SUCH INDEMNIFICATION, HOLD HARMLESS AND AGREE AS FOLLOWS: RELEASED PARTIES AND AGREE THAT NEITHER IRIGHT TO DEFENSE WILL NOT BE APPLICABLE WHERE THE CLAIM, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURYLIABILITY, DAMAGE, ACTION, COST OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY EXPENSE ARISES SOLELY AS A RESULT OF AN ACT OR DEATH, I MAY SUFFER; FAILURE TO ACT OF INDEMNITEES. THIS SECTION AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OBLIGATIONS CONTAINED HEREIN WILL SURVIVE THE EXPIRATION OR PAYMENT, INCLUDING ATTORNEY’S FEES EARLIER TERMINATION OF THIS AGREEMENT. THE REMEDIES SET FORTH IN THIS SECTION ARE IN ADDITION TO AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR NOT A LIMITATION ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, RIGHTS OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITYREMEDIES THAT MAY BE AVAILABLE AGAINST SUPPLIER.

Release and Indemnity. PLEASE READ CAREFULLYA. REPRESENTATIVE PERMITS PARTICIPANT TO PARTICIPATE IN THE ACTIVITY WITH FULL KNOWLEDGE, UNDERSTANDING AND APPRECIATION OF THE RISKS OF INJURY INHERENT IN ANY PHYSICAL EXERCISE, MASSAGE OR THERAPY PROGRAM, PHYSICAL ACTIVITY OR ATHLETIC ACTIVITY, AND EXPRESSLY ASSUMES ALL RISKS OF INJURY AND EVEN DEATH WHICH COULD OCCUR BY REASON OF PARTICIPANT’S PARTICIPATION IN THE ACTIVITY. B. REPRESENTATIVE AGREES TO RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS, AT REPRESENTATIVE’S SOLE COST, ▇▇▇▇▇ AND THE CLUB FROM ANY CLAIM FOR LOSS, COSTS, DAMAGES, OR EXPENSES, ARISING FROM DEATH, BODILY INJURY, OR ANY OTHER DAMAGE TO PERSONS OR PROPERTY, INCLUDING LOSS OR THEFT OF PROPERTY, THAT OCCURS BY REASON OF PARTICIPANT’S PARTICIPATION IN THE ACTIVITY, OR IS CAUSED BY: i. THE NEGLIGENT ACTS OR OMISSIONS OF ▇▇▇▇▇ OR THE CLUB; OR, ii. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER THE NEGLIGENT, GROSSLY NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF CERTAIN LEGAL RIGHTSREPRESENTATIVE, WHICH I HEREBY ACKNOWLEDGE AND AGREE PARTICIPANT, REPRESENTATIVE’S GUEST(S), OR PARTICIPANT’S GUEST(S); iii. THE NEGLIGENT, GROSSLY NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF ANY THIRD PARTY PARTICIPATING IN THE ACTIVITY; OR, iv. ANY CONDITIONS EXISTING ON THE PREMISES INCLUSIVE OF EQUIPMENT WHETHER CAUSED BY THE INADVERTENT, NEGLIGENT, GROSSLY NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF ▇▇▇▇▇ OR THE CLUB, OR, v. ALL PERSONAL PROPERTY BROUGHT TO THE ACTIVITY, IS BROUGHT AT THE SOLE RISK OF PARTICIPANT AS FOLLOWS: RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURYTO ITS THEFT, DAMAGE, OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR DEATH, I MAY SUFFER; AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITYLOSS.

Release and Indemnity. PLEASE READ CAREFULLY. THIS RELEASE EACH VISITOR, JOINTLY AND INDEMNITY SECTION CONTAINS A SURRENDER SEVERALLY, HEREBY RELEASES AND AGREES TO PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS MPI AGAINST ANY AND ALL CLAIMS, DEBTS, DEMANDS, CAUSES OF CERTAIN LEGAL RIGHTSACTION, WHICH I HEREBY ACKNOWLEDGE LOSSES, COSTS, DAMAGES, EXPENSES (INCLUDING ATTORNEYS FEES, COURT COSTS AND AGREE AS FOLLOWS: RELEASED PARTIES EXPENSES) AND AGREE THAT NEITHER IOTHER LIABILITIES, NOR MY ESTATERESULTING FROM ANY ACCIDENT, HEIRSINCIDENT, ASSIGNS EVENT OR BENEFICIARIES NOR ANYONE ELSE ACTING OCCURRENCE ARISING OUT OF, INCIDENTAL TO OR IN ANY WAY RELATED TO THE USE OR PRESENCE OF VISITORS ON MY BEHALFOR NEAR THE SNOW, WILL MAKE A CLAIM AGAINST WHETHER OR NOT CAUSED BY THE RELEASED PARTIES FOR ANY INJURYNEGLIGENCE OF MPI, DAMAGEINCLUDING, WITHOUT LIMITATION, DEATH OR BODILY INJURY TO VISITORS, VISITOR’S MINOR CHILDREN, OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR DEATH, I MAY SUFFER; AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANTPERSONS, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTYDAMAGE TO THE PROPERTY OF VISITORS, OR OTHER LOSS OTHERS. IN ADDITION, EACH VISITOR, JOINTLY AND SEVERALLY, COVENANTS AND AGREES THAT SUCH VISITOR WILL NOT MAKE ANY WAY CONNECTED WITH CLAIM OR INSTITUTE ANY SUIT OR ACTION AT LAW OR IN EQUITY AGAINST MPI. IT IS EXPRESSLY ACKNOWLEDGED THAT THE RISKS OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE INDEMNIFICATION PROVIDED HEREIN INVOLVES INDEMNIFICATION OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY MPI FOR ITS OWN NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITY.

Release and Indemnity. PLEASE READ CAREFULLY. THIS ‌ A. PURCHASER AGREES TO AND SHALL RELEASE SELLER, THE CITY, THEIR AGENTS, EMPLOYEES, OFFICERS, AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTSREPRESENTATIVES (COLLECTIVELY THE "SELLER PARTIES") FROM ALL LIABILITY FOR INJURY, WHICH I HEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURYDEATH, DAMAGE, OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT OR IN CONNECTION WITH THE DEVELOPMENT OF THE LOTS, SALE OF THE RESIDENCE OR OTHERWISE, EVEN IF THE INJURY, DEATH, I MAY SUFFER; AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS IN ANY WAY CONNECTED WITH IS CAUSED BY THE RISKS SELLER PARTIES' SOLE OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY CONCURRENT NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUESTHE SELLER PARTIES' STRICT PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY. B. PURCHASER AGREES TO AND SHALL DEFEND, RESPONSEINDEMNIFY, ASSESSMENT AND HOLD THE SELLER PARTIES HARMLESS FOR ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, FINES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS, AND ALL OTHER DEFENSE COSTS AND INTEREST) FOR INJURY, DEATH, DAMAGE, OR TREATMENTLOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY PURCHASER'S AND/OR ITS AGENTS', EMPLOYEES', OFFICERS', DIRECTORS', CONTRACTORS', OR SUBCONTRACTORS' (COLLECTIVELY, THE "INDEMNITOR") ARE EXCLUDED FROM ACTUAL OR ALLEGED NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS; SELLER'S, THE CITY'S AND INDEMNITOR'S ACTUAL OR ALLEGED CONCURRENT NEGLIGENCE; AND SELLER'S, THE CITY'S AND INDEMNITOR'S ACTUAL OR ALLEGED STRICT PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY. INDEMNITOR SHALL DEFEND, INDEMNIFY, AND HOLD THE SELLER PARTIES HARMLESS DURING THE TERM OF THIS RELEASE CONTRACT AND INDEMNITYFOR FOUR YEARS AFTER THE CONTRACT TERMINATES. INDEMNITOR SHALL NOT INDEMNIFY THE SELLER PARTIES FOR THEIR OWN SOLE NEGLIGENCE. THIS INDEMNITY SHALL BE GOVERNED BY THE INDEMNIFICATION PROCEDURES SET FORTH ON EXHIBIT D ATTACHED HERETO AND INCORPORATED BY REFERENCE FOR ALL PURPOSES.