***WAIVER AND RELEASE AGREEMENT***

Please read carefully before signing.

This is a Release of Liability and waiver of certain legal rights.

In consideration for my being permitted to participate in the activities of

 The Prairie House Preservation Society

I agree to the following Waiver and Release.

I acknowledge that touring the property has inherent risks, hazards and dangers for anyone that cannot be eliminated. I UNDERSTAND THAT THE HOUSE AND GROUNDS ARE, OR MAY BE, IN A STATE OF SOME DISREPAR AND NOT TO CURRENT CODE.  I UNDERSTAND THAT THESE RISKS, HAZARDS AND DANGERS INCLUDE BUT ARE NOT LIMITED TO:

1. The risk of uneven ground.
2. The risk of injury from slips, trips or falls.
3. The risk of injury from falling debris.
4. The risk of injury from potentially unstable conditions on the property or in the house.
5. The risk of encounters with wildlife, animals and insects.
6. Inclement weather conditions.
7. Risk of injury from animals on premises including but not limited to domesticated and non-domesticated animals.

I understand the risks, hazards, and dangers as described above and have had the opportunity to discuss them with the Tour Guide representing the PHPS.  I understand that I HAVE RESPONSIBILITIES.  My participation in this activity is purely VOLUNTARY.  I AM VOLUNTARILY USING THE PREMISES AND SERVICES OF PHPS WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY & ALL RISKS OF INJURY, PARALYSIS OR DEATH.

I, for myself, my heirs, successors, and executors, and subrogates, hereby and KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS THE PHPS AND ALL OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS from and against claims, actions, causes of action, liabilities, suits and expenses (including reasonable attorney's fees) which are related to, arise out of, or are in any way connected with any participation in any activity including, but not limited to, NEGLIGENCE of any kind in nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to me or my property as SERVICES, ANIMALS or EQUIPMENT, whether such damage, loss, injury, paralysis, or death is a result of negligence of THE PHPS or from some other cause.  I, for myself, my heirs, my successors, executors and subrogates, further agree not to sue THE PHPS, ANY OFFICERS OR DIRECTORS, AGENTS, EMPLOYEES OR VOLUNTEERS as a result of any injury, paralysis or death suffered in connection with my use and participation in any activity connected with THE PHPS.

WHEREAS, in consideration of the use of premises, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned agrees to the following: The undersigned hereby acknowledges and agrees to have voluntarily chosen to use the facilities and properties managed by PHPS and owned by Prairie House Preservation trust. It is understood and acknowledged that the use of the premises involves inherent hazards, dangers, and risks. The undersigned represents that he/she is fully competent to engage in activities and that he/she freely, knowingly, and voluntarily assumes the risk of participating in such activities, including the risks of property damage, bodily harm, and death. 

As additional consideration for the use of the premises, the undersigned, for himself/herself and his/her heirs, executors, administrators, legal representatives, successors, assigns and for anyone claiming by, through or under the undersigned, hereby forever and completely RELEASES, ACQUITS and FOREVER DISCHARGES THE PHPS, its directors, officers, employees, agents, and each of them and their respective heirs, executors, administrators, legal representatives, successors and assigns and any one claiming by, through or under such persons, individually and in all capacities (collectively, the "PHPS"), from and against any and all claims, liabilities, demands, obligations, right, damages, (whether actual, exemplary or punitive, costs, expenses and causes of action of any nature, kind or character, whether tort, contract or statutory, known or unknown, suspected or unsuspected, fixed or contingent, in law or in equity, including claims based on strict liability or the sole, concurrent and/or gross negligence of the PHPS or any of them) that the undersigned may now have or that may ever accrue in the future to the undersigned that are based on, relate to, arise from, or are in any way connected with any act, omission, communication, representation, warranty, covenant, agreement or course of conduct of or by the PHPS. 

THE WAIVER AND RELEASE SPECIFICALLY WAIVES AND RELEASES ANY AND ALL FUTURE CLAIMS, AND SPECIFICALLY RELEASES PRESENT AND FUTURE CLAIMS BASED ON THE STRICT LIABILITY OR SOLE, CONCURRENT AND/OR GROSS NEGLIGENCE OF THE PHPS OR ANY OF THEM.

By signing this instrument, the Undersigned affirms he/she has read, understands and will comply with the requirements as set for herein and do hereby agree to defend, indemnify and hold harmless The PHPS, and its/their officers, directors, owners, partners, agents, brokers, employees, insurers, assigns, and all other related persons, entities, affiliates, predecessors, and successors, from any act or omission from which the Undersigned is directly responsible. This instrument binds the Undersigned and his/her executors, administrators, assignees, or heirs. The undersigned hereby affirms that he/she has read this Waiver and Release and assumes any and all risks of entering and using the premises or the equipment.

I AGREE TO ABIDE BY ALL SAFETY RULES, WHETHER WRITTEN OR ORAL.

I HAVE READ AND CLEARLY UNDERSTAND AND VOLUNTARILY SIGN THIS WAIVER AND RELEASE AGREEMENT.