MARY STRAKIS LAKE RULES, ACKNOWLEDGEMENT, RELEASE, WAIVER AND INDEMNIFICATION AGREEMENT
This Mary Strakis Lake Rules, Acknowledgement, Release, Waiver and Indemnification Agreement (“Agreement”) is entered into by, between or among the Strakis Lake, LLC, an Indiana Limited Liability Company, (“Lake Manager”) and the undersigned (individually and collectively referred to as “Lake User”).
Acknowledgements
WHEREAS, the real estate situated in Marion County, Indiana, consisting of the man-made lake and surrounding areas managed by the Lake Manager is referred to herein as the (“Mary Strakis Lake” or “Lake”); and
WHEREAS, Lake User understands and acknowledges that he/she/they have no right to access or otherwise use the Mary Strakis Lake which is private property; and
WHEREAS, but for acknowledging and signing this Agreement, Lake User would be trespassing on the property of the Lake Manager; and
WHEREAS, Lake User acknowledges that access to the Mary Strakis Lake may be withdrawn and terminated at any time in the sole discretion of the Lake Manager.
Release
The undersigned Lake User hereby forever releases and discharges the Lake Manager, including its Members, representatives, beneficiaries, officers, agents, employees and their successors and assigns from any liability whatsoever for the sole consideration of the allowed use of the Mary Strakis Lake, under the then existing terms and conditions of the Agreement, the receipt and sufficiency of which is hereby acknowledged.
It is understood that this Agreement includes the release of all other persons, firms or corporations liable, who might be liable, none of whom admit any liability, but all of whom dispute any claims and demands whatsoever, at law or in equity, and however arising, up to the date of these presents, including particularly, but not exclusively, all matters which arose in relation to or out of Lake User’s use of the Mary Strakis Lake, and that the Lake User is executing this Agreement upon his or her own understanding, upon the advice and with the consent of counsel, if any, and not upon any representations of the Lake Manager or its counsel.
Indemnification
Lake User shall indemnify, defend and hold harmless the Lake Manager and each of its Members, representatives, beneficiaries, officers, agents, employees and their successors and assigns from and against any and all actions, claims, liabilities, losses, costs and expenses, including, but not limited to, attorney fees, reasonable investigative and discovery costs, and court costs, which in any manner may arise or be alleged to have arisen from the actions or inactions of the Lake Manager on or adjacent to the premises known as the Mary Strakis Lake, including, but not limited to, claims for bodily injury or death of persons and for loss of or damage to property, including claims or loss by Lake User or his or her guests, invitees, agents, servants or employees.
Waiver
No waiver of any condition or covenant in the Agreement by either party shall be deemed to imply or constitute a further waiver of the same or any other condition or covenant of this Agreement. The Lake Manager shall not be liable for and Lake User hereby specifically waives all claims against the Lake Manager for damages to persons or property sustained by Lake User or Lake User’s guests, invitees, agents, servants or employees resulting from the use of the Mary Strakis Lake, or resulting from any accident or occurrence in or about the Mary Strakis Lake, whether resulting directly or indirectly from any act or neglect for any other person, entity or corporation.
License
Lake User may be permitted to use the Mary Strakis Lake only under the terms of this Agreement and this non-exclusive, revocable license at the sole discretion of the Lake Manger.
Further Acknowledgement
Lake User understands that use of the Mary Strakis Lake shall be governed by, and consistent with the terms of the Agreement, including the Mary Strakis Lake Rules which are attached hereto, incorporated by reference and made a part hereof as Exhibit “A”.
Relationship Of Parties
Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent, or of partnership, or of joint venture, between the parties hereto.
Governing Law
This Agreement has been executed under and shall be governed by the laws of the State of Indiana.
Venue
The State of Indiana, County of Marion, shall be the preferred venue to resolve any dispute arising out of, controlled by or related to the subject of this Agreement.
Complete Agreement
This Agreement contains a complete expression of the agreement between the parties and there are no promises, representations, or inducements except such as are herein provided, with the exception of the terms of the Mary Strakis Lake Rules as they may be revised from time to time.
Successors In Interest
The covenants, agreements, terms, conditions and warranties of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns, but shall create no rights in any other person except as may be specifically provided for herein.
Severability
If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect.
Counterparts
This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original Agreement and all of which, when taken together, will be deemed to constitute one and the same Agreement. Lake User will be mailed a copy of this Agreement upon request.