Liability Waiver and Release of Claims

OUTDOOR RECREATION LIABILITY WAIVER, ASSUMPTION OF RISK, PROPERTY PROTECTION & RELEASE OF CLAIMS

This Liability Waiver and Release of Claims Agreement ("Agreement") is entered into by and between Komodo Springs LLC, a limited liability company ("Company"), and the undersigned individual ("Participant").

1. Property and Activities Covered

This Agreement applies to all entry upon and use of property owned, leased, or managed by Komodo Springs LLC ("Property"), including participation in:

• Rock climbing (including natural rock climbing, bouldering, scrambling, and related activities)
• Hiking, trail use, off-trail travel, and exploration
• Camping and general outdoor recreation
• Any guided or unguided activities occurring on the Property

(collectively, the "Activities").

2. Acknowledgment of Inherent Risks

Participant understands and acknowledges that outdoor recreation and rock climbing are inherently dangerous activities involving known and unknown risks that may result in serious bodily injury, permanent disability, property damage, or death.

These risks include, but are not limited to:

• Falls from height, slips, trips, uneven or unstable terrain
• Loose rock, falling objects, unstable cliffs, natural anchors
• Equipment failure, misuse, or improper setup
• Weather conditions including heat, cold, rain, lightning, wind, flooding, or changing conditions
• Physical exertion, fatigue, dehydration, altitude or medical emergencies
• Limited, delayed, or unavailable emergency medical or rescue services

3. Wildlife and Natural Hazard Acknowledgment

Participant specifically acknowledges and agrees that the Property is a natural outdoor environment and may contain wild or uncontrolled animals, including but not limited to:

• Snakes, insects, spiders, ticks, and other biting or stinging organisms
• Mammals, reptiles, birds, or other wildlife
• Exposure to poisonous plants, allergens, or naturally occurring bacteria or diseases

Participant understands that injury, illness, allergic reaction, infection, or death may occur as a result of contact with wildlife or natural conditions, even when exercising reasonable care, and voluntarily assumes all such risks.

4. Assumption of Risk

Participant knowingly, voluntarily, and expressly assumes all risks, both known and unknown, foreseeable and unforeseeable, associated with entering the Property and participating in the Activities, including risks arising from natural conditions, wildlife, the actions or inactions of others, and the ordinary negligence of the Company, to the fullest extent permitted by law.

5. Release and Waiver of Liability

In consideration for being permitted to enter the Property and participate in the Activities, Participant, on behalf of themselves and their heirs, executors, administrators, and assigns, hereby fully and forever releases, waives, discharges, and agrees not to sue Komodo Springs LLC and its owners, members, managers, officers, employees, agents, volunteers, contractors, and affiliates ("Released Parties") from any and all claims, demands, causes of action, or liabilities of any kind, including those arising from ordinary negligence, related to:

• Injury, illness, death, or property damage;
• Wildlife encounters or natural hazards;
• Participation in or observation of the Activities;
• Entry upon or use of the Property.

6. Property Protection & No-Damage Agreement

Participant agrees to respect and protect the Property and acknowledges that:

• No natural features, rock formations, trees, vegetation, trails, or structures may be damaged, altered, removed, bolted, chipped, carved, or defaced;
• No equipment, fixtures, signage, or improvements may be damaged, removed, or modified;
• No littering, vandalism, or unauthorized construction is permitted.

Participant agrees to be financially responsible for any damage they cause to the Property, whether intentional or negligent, and further agrees to indemnify and hold harmless the Company for any costs, repairs, or losses resulting from such damage.

7. Equipment and Personal Responsibility

Participant acknowledges that:

• Participant is solely responsible for selecting, inspecting, and using appropriate safety equipment;
• Natural rock features and climbing routes are not inspected, maintained, or guaranteed for safety;
• Participant is responsible for determining their own physical condition, experience, and technical skill.

8. Medical Authorization

In the event of an emergency, Participant authorizes the Company to obtain emergency medical treatment on Participant's behalf. Participant agrees to be solely responsible for all medical, rescue, evacuation, or related expenses incurred.

9. Indemnification

Participant agrees to defend, indemnify, and hold harmless the Released Parties from any claims, liabilities, damages, losses, or expenses (including attorney's fees) arising from:

• Participant's actions or omissions;
• Violation of this Agreement;
• Damage to property;
• Claims brought by third parties as a result of Participant's conduct.

10. No Duty to Supervise

Participant acknowledges that the Company has no duty to supervise, guide, inspect, or monitor Participant's activities unless expressly agreed to in writing.

11. Governing Law & Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Kentucky, and any legal action shall be brought exclusively in that state.

12. Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13. Acknowledgment and Voluntary Execution

Participant acknowledges that they have read this Agreement carefully, understand its terms, understand that they are giving up substantial legal rights, and sign it freely and voluntarily.

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