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BRO ADVENTURE PARK, LLC

OFF-ROAD / ATV PARK - RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING IT, YOU ARE GIVING UP LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE OR ANY OTHER REASON, AND AGREEING TO ASSUME RISKS AND INDEMNIFY BRO ADVENTURE PARK, LLC AND JMT ADVENTURES LLC.

IN CONSIDERATION of being permitted to enter for any purpose the premises of BRO ADVENTURE PARK, LLC (hereinafter "BRO" or "Park"), or being permitted to compete, officiate, observe, work for, or for any purpose participate in any way in the events or activities conducted by BRO anywhere on or around the Park, including but not limited to operating, riding, or being a passenger in any off-road vehicle, all-terrain vehicle (ATV), utility terrain vehicle (UTV), 4x4 truck, motorcycle, or any other motorized or non-motorized vehicle (hereinafter collectively referred to as "Activities"), and/or being permitted to enter upon, be present at, and use the premises located in Parker County, Texas, where such Activities are conducted (hereinafter referred to as the "Premises"), from the date hereof and for any and all dates thereafter, for any and all purposes and Activities, THE UNDERSIGNED, for himself/herself, his/her personal representatives, heirs, next of kin, and any and all other persons using the Premises or participating in the Activities as a guest, invitee, or minor child of the undersigned (hereinafter collectively referred to as the "Undersigned"):

ACKNOWLEDGMENT OF NO INSPECTION OR MAINTENANCE BY BRO. Acknowledges and agrees that BRO does not take any responsibility for inspecting the Premises, facilities, trails, tracks, or any other areas, nor for maintaining them in a safe or any particular condition. The Undersigned understands that the Park's features, whether man-made or natural, are subject to constantly changing natural conditions, including but not limited to weather, erosion, vegetation growth, wildlife, and other environmental factors, which may create hazards or alter the terrain unpredictably. The Undersigned acknowledges and accepts sole responsibility for inspecting and assuring that the conditions of the Premises, Activities, vehicles, equipment, skill levels of participants, occupants, and all other relevant factors are safe and suitable for participation before and during any use or involvement.

HEREBY ACKNOWLEDGES THAT THE ACTIVITIES ARE EXTREMELY DANGEROUS and involve risks of serious injury and/or death and/or property damage, including but not limited to: (a) the negligence of other riders or participants which may lead to a collision or accident resulting in injury and/or death; (b) the terrain of the Premises, including selecting and maintaining the course over which off-road and all-terrain vehicles shall be ridden, which may lead to a collision or accident resulting in injury and/or death; (c) the condition of the course, which may lead to a collision or accident resulting in injury and/or death; (d) the condition of any off-road or all-terrain vehicle which may lead to a collision or accident resulting in injury and/or death; (e) the inexperience of the rider and/or passenger, which may lead to a collision or accident resulting in injury and/or death; (f) the negligence of the rider and/or passenger, which may lead to a collision or accident resulting in injury and/or death; (g) the rider's and/or passenger's failure to wear a helmet or other protective gear; (h) the rider's and/or passenger's attempt to perform any stunt or other activity which may lead to a collision or accident resulting in injury and/or death; (i) exposure to the elements which may lead to injury and/or death; and (j) the acts of other persons including but not limited to co-riders, helpers, bystanders, or officials. The Undersigned is aware that the sport of off-road and all-terrain vehicle riding is a hazardous activity with many dangers and risks of injury and/or death. I understand that it is impossible for BRO to assure my safety and that of my passengers. I further understand that off-road vehicles which may affect my safety and that of my passengers. I understand that there are certain dangers and risks inherent in this activity which include, but are not limited to, those enumerated above. The Undersigned also expressly acknowledges that the above list is not complete or exhaustive and that other unknown or unanticipated risks may result in injury or death. I freely and voluntarily choose to participate in this activity with full knowledge that it involves risks of injury and/or death to me, my passengers, and/or my property. The Undersigned expressly acknowledges that injuries received may be compounded or increased by negligent rescue operations or procedures of the Releasees.

HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE to the Undersigned or any third party, arising out of or related in any way to the Premises or the Activities, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, including but not limited to any and all risks, hazards, dangers, or conditions, known or unknown, anticipated or unanticipated, inherent or otherwise, that may result in personal injury (including permanent disability or paralysis), death, emotional distress, psychological harm, property damage, or any other loss or damage whatsoever. This assumption of risk expressly includes, without limitation, risks associated with: (a) the physical condition of the Premises, including uneven, rough, slippery, wet, muddy, rocky, or otherwise hazardous terrain; (b) natural or man-made obstacles, features, or changes in the environment; (c) weather conditions, wildlife, vegetation, or other natural elements; (d) the operation, maintenance, or condition of any vehicle, equipment, or facility used in the Activities; (e) the actions, omissions, negligence, or gross negligence of the Undersigned, other participants, spectators, or any third parties; (f) failure to use protective gear or follow safety guidelines; (g) attempts to perform stunts, maneuvers, or activities beyond one's skill level; (h) collisions, rollovers, falls, or other accidents; (i) exposure to extreme conditions, fatigue, dehydration, or medical emergencies; (j) rescue, medical treatment, or evacuation efforts, whether negligent or otherwise; and (k) any other cause, whether similar or dissimilar to the foregoing. The Undersigned agrees that this assumption of risk is intended to be as broad and inclusive as permitted by Texas law and applies regardless of the foreseeability of the risk or the adequacy of any warnings provided.

HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE BRO ADVENTURE PARK, LLC, JMT ADVENTURES LLC (as owner of the Premises), their respective owners, managers, members, officers, directors, agents, employees, volunteers, promoters, sponsors, advertisers, premises owners, lessors, lessees, inspectors, surveyors, underwriters, consultants, and any other persons or entities who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the Premises or Activities, and each of them, including but not limited to any participants, rescuers, co-riders, helpers, bystanders, or officials (hereinafter collectively referred to as "Releasees"), FROM ALL LIABILITY TO THE UNDERSIGNED, HIS/HER PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, ARISING OUT OF OR RELATED TO THE UNDERSIGNED'S PRESENCE ON THE PREMISES, PARTICIPATION IN THE ACTIVITIES, OR USE OF ANY VEHICLE, EQUIPMENT, OR FACILITIES PROVIDED BY OR ASSOCIATED WITH BRO. THIS RELEASE EXPRESSLY INCLUDES, BUT IS NOT LIMITED TO, CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, BREACH OF CONTRACT, OR ANY OTHER THEORY OF LIABILITY.

HEREBY AGREES TO INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESS the Releasees and each of them FROM ANY AND ALL LOSS, LIABILITY, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES, EXPERT WITNESS FEES, COURT COSTS, AND ANY OTHER EXPENSES) they may incur arising out of or related in any way to the Undersigned's presence on the Premises, participation in the Activities, or use of any vehicle, equipment, or facilities, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, and whether asserted by the Undersigned, his/her family members, guests, invitees, minors, personal representatives, heirs, assigns, next of kin, or any third party. This indemnity obligation includes, without limitation, any claims for personal injury, death, property damage, subrogation, contribution, or indemnification, and shall apply even if the claim arises from the joint or concurrent negligence or gross negligence of the Releasees. The Undersigned agrees to advance defense costs upon demand and to reimburse the Releasees for any such costs if the indemnity ultimately does not apply. This indemnity shall survive the termination or expiration of this Agreement and shall continue in full force and effect indefinitely.

BINDING ARBITRATION. Any dispute, claim, or controversy arising out of or relating to this Agreement, the Premises, the Activities, or any injury, damage, or death alleged to result therefrom, including the enforceability or scope of this arbitration provision, SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS COMMERCIAL ARBITRATION RULES, TO BE HELD IN PARKER COUNTY, TEXAS. The arbitration shall be conducted by a single arbitrator selected by BRO from a list provided by AAA. Judgment on the award may be entered in any court having jurisdiction. The prevailing party in any arbitration shall be entitled to recover its attorneys' fees and costs.

WAIVER OF JURY TRIAL. THE UNDERSIGNED IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PREMISES, THE ACTIVITIES, OR ANY INJURY, DAMAGE, OR DEATH ALLEGED TO RESULT THEREFROM, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. THIS WAIVER APPLIES TO ANY ACTION, SUIT, COUNTERCLAIM, CROSS-CLAIM, OR THIRD-PARTY CLAIM, AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT. THE UNDERSIGNED ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL INDUCEMENT FOR BRO TO ALLOW PARTICIPATION IN THE ACTIVITIES.

GOVERNING LAW. This Agreement shall be governed by the laws of the State of Texas without regard to conflict of laws principles. Venue for any action shall be exclusively in Parker County, Texas.

If any portion of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining portions shall continue in full legal force and effect. The parties agree that any such invalid or unenforceable provision shall be reformed or modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties as closely as possible. If reformation is not possible, the invalid provision shall be severed, and the rest of the Agreement shall remain enforceable.

ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements. No oral representations have been made to induce signature.

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME. I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

If the participant is a minor (under 18 years of age):

PARENTAL CONSENT, RELEASE, WAIVER, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

I, as PARENT/GUARDIAN with LEGAL RESPONSIBILITY for the minor participant named below, do consent and agree to his/her release as provided above of all Releasees, and for myself, my heirs, assigns, and next of kin, I release, waive, discharge, covenant not to sue, assume risks, and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to my minor child's involvement or participation in the Activities as provided above, WHETHER CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. I understand that minors are not allowed on the Premises without adult supervision, and the Releasees are not responsible for supervising minor children. If the minor is participating with a responsible adult other than their legal parent/guardian, a notarized copy of this Agreement and a notarized letter authorizing participation must be on file.

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