Release of Liability Agreement

RELEASE OF LIABILITY AGREEMENT

This Release of Liability Agreement (the "Agreement") is entered into as of by and between Releasor: , whose primary address is , and Releasee: , whose primary address is .

RECITALS

WHEREAS, Releasor desires to participate in or receive certain services, activities, or access to premises described as:

WHEREAS, Releasee is willing to permit such participation, services, or access subject to Releasor's execution of this Agreement releasing Releasee from certain liabilities and indemnifying Releasee as set forth below.

WHEREAS, the parties intend that this Agreement shall allocate the risks between them and provide final resolution of claims arising from the Activities to the fullest extent permitted by law.

NOW, THEREFORE

In consideration of the mutual covenants and other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement: "Claims" means all manner of claims, demands, causes of action, suits, losses, liabilities, damages, costs and expenses, including attorneys' fees and costs; "Activities" means the events, services, access, or tasks described above and any related travel or use of premises; "Releasee Parties" means Releasee and its officers, directors, employees, agents, contractors, successors and assigns.

2. RELEASE AND WAIVER

Releasor, on behalf of Releasor and Releasor's heirs, executors, administrators, successors and assigns, hereby irrevocably and unconditionally releases, waives, discharges and covenants not to sue the Releasee Parties for any and all Claims arising out of or in connection with the Activities, whether known or unknown, including Claims arising out of any negligent act or omission of any Releasee Party, except for Claims arising from gross negligence or willful misconduct proven by clear and convincing evidence.

3. ASSUMPTION OF RISK

Releasor acknowledges that participation in the Activities involves inherent risks, hazards and dangers which may result in property damage, personal injury or death. Releasor voluntarily assumes all such risks and accepts full responsibility for any loss, damage, or injury sustained while participating in or arising from the Activities.

4. INDEMNIFICATION

Releasor agrees to indemnify, defend and hold harmless the Releasee Parties from and against any and all Claims (including reasonable attorneys' fees and costs) arising out of or related to Releasor's acts or omissions, breach of this Agreement, or Releasor's participation in the Activities, except to the extent that such Claims are the direct result of the gross negligence or willful misconduct of a Releasee Party.

5. REPRESENTATIONS; AUTHORITY

Releasor represents and warrants that Releasor has the full right, power and authority to enter into this Agreement and to grant the releases and indemnities herein. If Releasor signs on behalf of a minor or third party, Releasor represents that Releasor is the parent, legal guardian, or authorized representative with full authority to bind such minor or third party.

6. INSURANCE

Releasor acknowledges that Releasor is solely responsible for obtaining and maintaining any insurance coverage Releasor deems appropriate for participation in the Activities. Nothing in this Agreement shall be construed to require Releasee to obtain insurance for Releasor's benefit.

7. LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall any Releasee Party be liable to Releasor for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with the Activities or this Agreement, even if advised of the possibility of such damages.

8. EXCEPTIONS

The parties may identify specific exceptions to the release and indemnity set forth in this Agreement below. If no exceptions are listed, this release is intended to be broad and comprehensive.

9. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses specified below by personal delivery, certified mail (return receipt requested), or nationally recognized overnight courier.

10. AMENDMENT; WAIVER; COUNTERPARTS

This Agreement may be amended only by a written instrument signed by both parties. No waiver of any provision shall be effective unless in writing signed by the party waiving compliance. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

11. GOVERNING LAW; JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the state specified below without regard to conflict of laws principles. The parties submit to the exclusive jurisdiction of the federal and state courts located in that state for resolution of disputes.

12. ENTIRE AGREEMENT; SEVERABILITY

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect and the parties shall negotiate in good faith a substitute valid provision that most nearly effects the parties' intent.

EXECUTION

The parties acknowledge that they have carefully read this Agreement, understand its terms and consequences, and sign this Agreement voluntarily and with full knowledge of its significance.

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