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PARTICIPANT RELEASE OF LIABILITY, ASSUMPTION OF RISK,

AND INDEMNIFICATION AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING.

I, the undersigned individual, desire to participate in various activities offered by and/or on the

premises of Pine Grove Recreation Center (hereinafter referred to collectively as the “Activity”)

and otherwise use the equipment and facilities offered by Pine Grove Recreation Center /

Hoffert Properties, LLC (the “Company”). As consideration for the Company permitting me to

participate in the Activity and use its equipment and facilities, I, on behalf of myself and my

spouse, children, parents, heirs, assigns, personal representatives, and estate (collectively, “I”),

agree to release, discharge, indemnify, defend, and hold harmless the Company and each of

their respective agents, affiliates, owners, officers, members, participants, employees, landlords,

and all persons or entities acting in any capacity on their behalf (collectively, “Releasees”), as

follows:

1. ACKNOWLEDGMENTS: I acknowledge and certify: (i) I am at least 18 years old, do not have

any medical or physical condition(s) that would preclude me from participating in the Activity,

and am not intoxicated; (ii) I have read or otherwise been apprised of, and agree to comply with,

all rules relating to my participation in the Activity, as well as any instructions from the Activity

operator(s); and (iii) I have adequate insurance to cover any injury or damage I may cause or

suffer while participating in the Activity, or else I agree to bear the costs of such injury or

damage myself.

2. ASSUMPTION OF THE RISKS: I acknowledge and understand that participating in the

Activity inherently entails known and unanticipated risks that could result in physical or

emotional injury, paralysis, death or damage to me, to property, or to third parties, including

risks related to the negligence or fault of any Releasee. I understand that such risks cannot be

eliminated without jeopardizing the essential qualities of the Activity. The risks include, among

other things, activities which could result in musculoskeletal injuries including head, neck, and

back injuries, paralysis, or even death. MY PARTICIPATION IN THE ACTIVITY IS

VOLUNTARY AND I ELECT TO PARTICIPATE DESPITE THE RISKS.

3. RELEASE OF LIABILITY AND INDEMNIFICATION: I HEREBY VOLUNTARILY RELEASE,

FOREVER DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS

THE RELEASEES FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, COSTS,

EXPENSES, CLAIMS, DEMANDS, OR CAUSES OF ACTION THAT I OR ANY THIRD PARTY

MAY HAVE OR THAT MAY BE BROUGHT AGAINST ANY OF THE RELEASEES AS A

RESULT OF ANY INJURY OR DAMAGE TO MY PERSON OR PROPERTY OR WHICH ARE

IN ANY WAY CONNECTED WITH MY PARTICIPATING IN THE ACTIVITY OR MY USE OF

THE COMPANY’S EQUIPMENT OR FACILITIES, INCLUDING ANY CLAIMS BASED ON

ANY NEGLIGENCE OR FAULT OF ANY RELEASEE, INVASION OF RIGHTS OF PRIVACY,

VIOLATION OF RIGHT OF PUBLICITY, DEFAMATION, OR APPROPRIATION. WITHOUT

LIMITING THE FOREGOING, I COVENANT AND AGREE TO WAIVE ANY CLAIM AND

NOT TO INSTITUTE LEGAL PROCEEDINGS AGAINST ANY RELEASEE FOR ANY OF THE

CLAIMS RELEASED IN THIS AGREEMENT.

4. USE OF LIKENESS. I understand that during the Activity and while I am otherwise using the

Company’s equipment and facilities I may be photographed or videotaped. To the fullest extent

allowed by law, I waive all rights of publicity and privacy and pre-approval that I have for any

such likeness of me or use of my name and/or voice in connection with such likeness, and I

grant to the Company and its assigns permission to copyright, use, and publish (including by

electronic means) such likeness of me, whether in whole or part, in any form, without

restrictions, and for any purpose.

5. ARBITRATION OF DISPUTES; WAIVER OF JURY TRIAL; TIME LIMIT TO BRING

CLAIM(S); AND CHOICE OF LAW: The parties agree that ANY AND ALL DISPUTES ARISING

OUT OF THE ACTIVITY, INCLUDING THE DETERMINATION OF THE SCOPE OR

APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT

WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury or other incident)

AND BE DETERMINED BY ARBITRATION IN WEXFORD COUNTY BEFORE ONE

ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY THE ARBITRATOR

IN ACCORDANCE WITH RULES AND PROCEDURES PROVIDED FOR IN MICHIGAN LAW

AND/OR GENERALLY ACCEPTED ARBITRATION RULES AND PROCEDURES..

JUDGMENT

ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS

CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL

REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE

JURISDICTION. This agreement shall be governed by and construed under the laws of

Michigan, without regard to conflicts of law provisions. Notwithstanding the provision with

respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this

Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16).

6. SEVERABILITY. The parties understand and agree that this agreement is intended to be as

broad and inclusive as is permitted by applicable law, and that if any portion of this agreement is

found to be void, invalid, or unenforceable, the remaining portions shall remain in full force and

effect. BY ELECTRONICALLY SIGNING BELOW, I AFFIRM THAT I HAVE CAREFULLY READ

THIS AGREEMENT, UNDERSTAND ITS CONTENT AND PURPOSES, AND VOLUNTARILY

AGREE TO ALL THE TERMS SET FORTH ABOVE.

PLEASE READ CAREFULLY BEFORE SIGNING

This Agreement must be signed by all members and visitors of Pine Grove Recreation

Center/Hoffert Properties, LLC, a Michigan limited liability company doing business as Pine

Grove Recreation Center (collectively referred to herein as Pine Grove). If the visitor is a minor,

it must be signed by his or her parent or legal guardian, who signs for him or herself and, if

allowed by law, the minor visitor. “Visitor” as used in this Agreement includes participants in

Pine Grove activities and other individuals that enter the facility or take part in a Pine Grove

activity.

In consideration of the services of Pine Grove, I, an adult visitor or parent or legal guardian of a

visitor who is a minor, acknowledge and agree as follows:

Activities: This Agreement applies to facilities operated by Pine Grove, other facilities that Pine

Grove uses for its activities, and any outdoor or remote locations where Pine Grove is

conducting activities. Activities of Pine Grove (“Pine Grove Activities”) include but are not

limited to the following: the use of climbing walls, racquetball, basketball, sports equipment or

apparel and other training and fitness equipment, participation in activities or events including

demonstrations, parties, clinics, training, yoga and other fitness classes, outdoor activities,

camps and classes, use of parking areas, rental or borrowing of equipment from Pine Grove,

and other activities and use of facilities and equipment at the Pine Grove location.

Risks: I recognize and understand that there are risks, hazards and danger associated with

Pine Grove Activities, inherent and otherwise, and that participation could result in injuries of all

kinds, including serious injury or death. The risks involved in Pine Grove Activities include but

are not limited to falling, parking and moving about parking areas in the vicinity of the facility,

collision with objects, people or structures, falling onto uneven, worn or hard landing areas,

exposure to pathogens and communicable diseases, aggravation of preexisting conditions; risks

identified by Pine Grove through rules and warnings, whether written, oral or otherwise; and

other foreseeable or unforeseeable risks. These and other risks are inherent in a visit to a Pine

Grove facility or other activity sites. Participation in Pine Grove Activities is voluntary and

visitors may withdraw from participation at any time.

Assumption of Risks: Understanding these risks and dangers, and understanding that other

risks may be encountered, I expressly assume all risks associated with Pine Grove Activities,

inherent and otherwise, and whether or not described above. If the visitor is a minor, I have

explained the activities and risks to him or her, and the minor wishes to participate in the Pine

Grove Activities nevertheless.

Release of Liability and Indemnity: I, an adult visitor, or parent or guardian of a visitor who is

a minor (for myself and, to the maximum extent allowed by law, on behalf of the minor) agree

not to sue, and to release, discharge and indemnify (that is, defend and pay, including costs and

attorneys fees) Hoffert Properties, LLC, lessees and owners of the properties on which Pine

Grove Activities are conducted, and their respective members, owners, managers, directors and

staff (“Released Parties”) with respect to any damages, claims, liability, or causes of action

arising out of my or the minor child’s visit to Pine Grove facilities, or other site where Pine Grove

Activities take place, the use of its facilities and equipment and participation in Pine Grove

Activities. I understand that any instruction received at Pine Grove, whether formal or

otherwise, does not protect me from risks, and that the deployment of stated instruction material

requires my own discretion and assumption of personal responsibility. The obligation to

indemnify includes any claim, liability, or cause of action by third parties, including other visitors,

and a member of my, or the minor visitor’s, families, arising out of my, or the minor visitor’s visit

to the gyms or other Pine Grove activity site, the use of its facilities and equipment and

participation in Pine Grove Activities. These agreements of release and indemnity include

claims of negligence (but not gross negligence or intentionally wrongful conduct) of a Released

Party.