I hereby request permission from Gillette Family Foundation (GFF), a 501c3 (the Foundation), to use the gym, gym facilities, gym real property and gym equipment located on certain real property owned by the Foundation (collectively. the "Gym") which may require traversing across lands owned by other entities, LLC, an Alabama limited liability company, GFF, a 501c3,GoodLyfe, Beth King Gillette, Quentin Gillette, Isabella Gillette, and Jackson Terry (collectively. the "Foundation Parties" and individually, each a "Foundation Party"
In consideration of the grant of permission by the Foundation for me to use the gym and the surrounding property ownedby either the Foundation or the Foundation Parties, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby acknowledge, agree and represent as follows: I am in good health and have no disability. impairment, medical condition, illness or health related issue which may prevent me from engaging in use of the fishing pond. poses a health risk to other users of the property. I assume full responsibility for my medical condition as it relates to engaging in exercise or gym use. I have adequate insurance (including, without limitation, health insurance) necessary to provide for and pay any and all medical costs that may directly or indirectly result from my use of the property. I understand that my presence on the property involves risk. I hereby knowingly and freely assume all risk and responsibility for any and all damage to property or bodily and/or personal injury, including death, in connection with my use of the property. 3. I hereby release, discharge and covenant not to sue (and relinquish my rights to sue) the Foundation, its members, managers, officers, agents (including managing agent) employees, attorneys, including but not limited to. the Foundation Parties, from and with respect to any and all liability. claims, demands, actions, suits, rights and/or causes of action of whatever kind or nature, now or hereafter existing, whether known or unknown, present or future, foreseen or unforeseen, whether caused by the negligence of the Foundation or a Foundation Party or otherwise, that may arise from my use of the property. including. without limitation, any damageto property or bodily and/or personal injury in connection therewith. I hereby waive any protections afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which person giving the release does not know or suspect to exist at the time of executing the release. This means, in part, that am hereby releasing any and all unknown future claims. I agree to indemnify and hold harmless the Foundation and any Foundation Party from and against any loss, damage, claim, suit, liability, demand, cost and/or expense, paid or incurred by the Foundation or any Foundation Party, or asserted against any of them (including attorney's fees, court costs and disbursements) caused in whole or in part. by. or arising directly or indirectly out of my use of the Property and/or my breach of this Release and Waiver. The Foundation has advised me not to bring valuable personal property onto the property. I assume full responsibility forany loss of or damage to my personal property which may occur on the property. The Foundation, GoodLyfe or The Gillette's shall not be liable for the loss, theft, or damage of any personal property located anywhere on the property. 6. I have been informed and acknowledge that the Foundation will not provide any trainers or other supervision at or in connection with the access to the property. I agree to use the property without any such supervision at my own risk. I am aware that Foundation and Foundation Parties are not professional trainers and have no capabilities to instruct me in exercise, Fishing or training any sort and that any conversations with them about movements or technique of exercise or fishing are purely conversational and opinion based and are not meant to be instructional and that should seek professional opinions from other sources for advice. I have neither requested nor received any express representations or warranties as to the use of the Property and the Foundation has not made and does not make any actual or implied representations or warranties regarding the condition or appropriate use of the Property. 8. This Release and Waiver has been executed by me and may not be used by any other person for the purpose of using the Property in any manner. I agree that the Foundation or Owners may suspend or revoke my right to use the Property at any time. 10.The Foundation may repair, at my expense. all damage to the property caused by me, and I agree to pay the Foundation on demand any amounts so expended. Any dispute or question concerning the use of the Property shall be resolved by the members of the Foundation and the decision of the members of the Foundation shall be binding upon me in all respects. This Release and Waiver covers any and all liability, claims and actions caused entirely. or in part, by any and all acts or failures to act on my part, including but not limited to, negligence or mistake. This Release and Waiver shall also bind my assigns, heirs, executors, administrators, distributees, guardians and next of kin. This Release and Waiver shall be governed by, construed and enforced in accordance with, the laws of the State of Alabama, without giving effect to conflict of law principles. If any term or provision of this Release and Waiver is held to be illegal, invalid or unenforceable, or the application thereof to any person or circumstance shall to any extent be illegal, invalid or unenforceable under present or future laws, then and in such event, it is the express intention of the parties that the remainder of this Release and Waiver, or the application of such terms,