WAIVER AND RELEASE
In consideration for the use of certain real property located at __________________ (the
“Property”) and owned by _________________ (the “Owner”), and the opportunity to use and
enjoy the amenities that are incident to the use of the Property. I,
_______________________________ (“Releasor”) for myself and on behalf of my spouse, my
minor child(ren), my legal ward(s), my parents, my heirs, successors, assigns, executors,
administrators, next of kin, personal representatives, and insurers, agree as follows:

I understand that all persons must obey any posted signs and warnings and behave in a
manner that will not cause or contribute to injuring themselves or others. I will report all injuries.

I acknowledge that my activities at the Property can entail known and unknown risks that
could result in physical or emotional injury including but not limited to broken bones, sprained
and/or torn ligaments, paralysis, death, or bodily injury or property damage to myself, my
child(ren), or to third parties. I understand that such risks simply cannot be eliminated without
jeopardizing the essential qualities of the Property. I expressly agree and promise to accept and
assume all risks, both known and unknown, existing at the Property. My and/or my child(ren)’s
and/or legal ward’s use of the Property and the amenities is purely voluntary, and I elect to
participate or allow my minor child(ren) and/or legal ward(s) to participate despite the known and
unknown risks.

If I and/or my child(ren) and/or legal ward(s) are injured, I acknowledge that I or my
child(ren) and/or legal ward(s) may require medical assistance, which I acknowledge will be at my
own expense or the expense of my personal insurer(s). I hereby represent and affirm that I have
adequate and appropriate insurance to provide coverage for such medical expense(s). I understand
and agree that Released Parties will not pay for any cost or expenses incurred by me and/or my
child(ren) and/or legal ward(s) if I and/or my child(ren) and/or legal ward(s) are injured, including
injury incurred by and/or caused by negligence of Released Parties including any other improper
conduct for which a release is not contrary to public policy on the part of Released Parties.

In consideration of Owners allowing me to use the Property and the amenities, I for myself
and on behalf of my child(ren) and/or legal ward(s), heirs, administrators, personal representatives,
executors, administrator, successors, assigns, or insurers, do agree that:

(A)I hereby WAIVE, RELEASE, AND DISCHARGE OWNER and their agents, owners,
officers, directors, representatives, assigns, affiliates, volunteers, employees, insurers, and
all other persons or entities acting in any capacity on their behalf (hereinafter collectively
referred to as “Released Parties”), of and from any and all claims, demands, causes of
action, and legal liability, whether the same be known or unknown, anticipated or
unanticipated, including but not limited to, liability arising from the negligence or fault of
the Released Parties, for my death disability, personal injury, property damage, property
theft, or actions of any kind which may hereafter occur to me and/or my child(ren); and

(B) I hereby INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE
RELEASED PARTIES from any and all liabilities or claims made, including all costs
and attorney’s fees, as a result of participation in the activities at the Property, whether
caused by negligence or otherwise.

I certify that I am willing to assume the risk of any medical or physical condition that I
and/or my child(ren) and/or legal ward(s) may have. If there are any disputes regarding this
agreement, I, on behalf of myself and/or my child(ren) and/or legal ward(s), hereby waive any
right I and/or my child(ren) and/or legal ward(s) may have to a trial and agree that such dispute
shall be brought within one (1) year of the date of this agreement. Notwithstanding the foregoing,
if I sue Released Parties, I agree that I will only sue them, whether it be on my own behalf or on
behalf of a family member, in a Court in Washington County, Tennessee, and further agree that
all disputes which might arise between Released Parties and myself shall be litigated exclusively
in one of said courts. I understand and agree that this Agreement is governed by the laws of
Tennessee and if I lose the lawsuit, I will pay the defendant’s fees and costs, including reasonable
attorney’s fees. I agree that if any part of this Agreement is determined to be unenforceable all
other remaining portions shall remain in full force and effect.

By signing this document, I acknowledge that, if anyone is hurt or property is damaged
during my use of the Property, I may be found by a court of law to have waived my right to
maintain a lawsuit against Released Parties based on any claim from which I have released them
herein. I have read and understand the foregoing agreement not to sue, and I have had enough
opportunity to read this entire document. I understand this Agreement and am voluntarily signing
below intending to be legally bound by its terms. I have made no misrepresentations of my age
and/or the age of my child(ren) and/or legal ward(s). If I am signing on behalf of a minor child, I
represent and warrant that I am doing so with the consent and approval of my spouse (if any), and
I understand that I may be giving up the rights of my child(ren) and/or legal ward(s) and/or spouse
to sue as well as giving up my own right to sue. If the undersigned is under eighteen (18) years of
age, this release (Agreement) must be executed by a parent/guardian/accompanying adult.

_________________
RELEASOR