Legal Rights Waiver

LEGAL RIGHTS WAIVER

This Legal Rights Waiver (the "Waiver") is made on this day of , by and between Releasor: with mailing address , and Releasee: with mailing address .

RECITALS

WHEREAS, Releasor has voluntarily participated in or is otherwise involved with the activity, transaction or relationship described as:

WHEREAS, Releasee has provided certain services, access, facilities, or consideration to Releasor in connection with the foregoing activity; and

WHEREAS, the parties desire to fully and finally resolve and define their respective rights and liabilities arising from or related to the described activity and to set forth the terms under which Releasor will release certain claims against Releasee.

NOW, THEREFORE, in consideration of the mutual promises set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Waiver, the following terms shall have the meanings set forth below. "Claims" means any and all liabilities, actions, causes of action, demands, losses, damages, fines, penalties, costs, attorney's fees, and expenses of any kind, whether known or unknown, suspected or unsuspected, foreseen or unforeseen, that arise out of or relate to the activity described above.

2. WAIVER AND RELEASE

Releasor hereby irrevocably and unconditionally releases, waives, and forever discharges Releasee and Releasee's agents, employees, officers, directors, affiliates, successors and assigns (collectively, the "Released Parties") from any and all Claims arising from or related to the activity described in this Waiver, including but not limited to Claims based on negligence, strict liability, breach of contract, statutory violation, or any other theory of liability, to the fullest extent permitted by law.

3. SCOPE OF RELEASED CLAIMS

The release provided in Section 2 applies to all Claims arising at any time prior to the Effective Date and to Claims arising after the Effective Date that relate to facts occurring on or before the Effective Date, whether in law or equity, known or unknown. Releasor expressly waives any protection under any statute or common law principle limiting the release of unknown claims.

4. CONSIDERATION

In exchange for the promises and releases set forth herein, Releasee shall provide the following consideration to Releasor:

5. ASSUMPTION OF RISK

Releasor acknowledges that participation in the activity may involve inherent risks and hazards. Releasor freely accepts and assumes all such risks, whether known or unknown, and accepts personal responsibility for any injury, loss, or damage to person or property arising out of or related to the activity.

6. REPRESENTATIONS AND WARRANTIES

Releasor represents and warrants that: (a) Releasor has the full right, authority and capacity to enter into this Waiver and to grant the releases contained herein; (b) Releasor has read and understands the terms of this Waiver; and (c) Releasor is not relying on any statement, representation or promise not expressly set forth in this Waiver.

7. INDEMNIFICATION

To the fullest extent permitted by law, Releasor shall indemnify, defend and hold harmless the Released Parties from and against any and all Claims, liabilities, losses, damages, costs and expenses (including reasonable attorney's fees) arising out of or resulting from Releasor's acts or omissions in connection with the activity or Releasor's breach of this Waiver.

8. NO ADMISSION OF LIABILITY

The parties agree that execution of this Waiver is not and shall not be construed as an admission of liability or wrongdoing by any party, and that the provisions hereof are entered into solely for the purpose of settling and resolving disputes and defining rights.

9. CONFIDENTIALITY

Unless otherwise required by law, the parties agree to keep the terms and existence of this Waiver confidential and not to disclose them to third parties, except as required to enforce this Waiver or as required by a court or governmental authority.

10. NOTICES

All notices under this Waiver must be in writing and delivered to the addresses set forth below by personal delivery, certified mail (return receipt requested), or nationally recognized overnight courier.

11. AMENDMENT; WAIVER

No modification, amendment, or waiver of any provision of this Waiver shall be effective unless in writing and signed by both parties. A waiver of any breach shall not constitute a waiver of any subsequent breach.

12. GOVERNING LAW

This Waiver shall be governed by and construed in accordance with the laws of the state specified by the parties below, without regard to conflict of law principles.

13. ENTIRE AGREEMENT

This Waiver constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings, whether oral or written.

14. SEVERABILITY

If any provision of this Waiver is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect and the parties shall negotiate in good faith to replace the invalid provision with a valid provision that achieves, to the greatest extent possible, the original economic and legal effect.

15. COUNTERPARTS; ELECTRONIC SIGNATURES

This Waiver may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures delivered by electronic means shall be binding and treated as original signatures.

16. ACKNOWLEDGMENT

Releasor acknowledges and agrees that Releasor has carefully read this Waiver, understands its contents, and has had the opportunity to consult with legal counsel of Releasor's choice prior to signing. Releasor signs this Waiver voluntarily and with full knowledge of its significance and legal effect.

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