Rental Agreement

PLEASE READ AND SIGN BELOW


Flophouze Rental Agreement

LIABILITY RELEASE AGREEMENT AND ACKNOWLEDGMENT AND ASSUMPTION OF DANGERS, RISKS, AND HAZARDS OF ACTIVITIES AND EVENTS

I HEREBY ACKNOWLEDGE that I have knowingly and willingly entered into this Agreement and become a party bound by the terms and conditions of this for any activity and/or event by and between Recycling the Past LLC, Round Top Properties LLC, Flophouze LLC, Round Top Entertainment Group LLC, Matthew S. White and Stephen C. White. I understand the terms, provisions, and conditions of this Agreement and its warnings, and I agree to be bound by its terms, provisions, and conditions.

COMPREHENSIVE RELEASE OF LIABILITY

1. I HEREBY RELEASE Recycling the Past LLC, Round Top Properties LLC, Flophouze LLC, Round Top Entertainment Group LLC, Matthew S. White and Stephen C. White, from any and all liability for any bodily injuries, property damage or other damage of every kind to me caused in whole or part by Recycling the Past LLC, Round Top Properties LLC, Flophouze LLC, Round Top Entertainment Group LLC, Matthew S. White and Stephen C. White and their officers, employees, servants, agents, or representatives, including any and all such bodily injuries, property damage, or other damage of every kind caused by or resulting from the NEGLIGENT ACTS AND/OR OMISSIONS of Recycling the Past LLC, Round Top Properties LLC, Flophouze LLC, Round Top Entertainment Group LLC, Matthew S. White and Stephen C. White and/or its officers, employees, servants, agents, or representatives.

2. I HEREBY FURTHER RELEASE Recycling the Past LLC, Round Top Properties LLC, Flophouze LLC, Round Top Entertainment Group LLC, Matthew S. White and Stephen C. White from any and all liability bodily injuries, property damage, and other damage of every kind, including attorney's fees resulting from any accident, incident, or occurrence arising out of, incidental to, or in any way resulting from the property, its improvements, its equipment, the animals thereon, the conditions of the property, and any NEGLIGENT ACTS AND/OR OMISSIONS of Recycling the Past LLC, Round Top Properties LLC, Flophouze LLC, Round Top Entertainment Group LLC, Matthew S. White and Stephen C. White, their officers, employees, servants, agents and representatives. I HEREBY FURTHER COVENANT and agree that I, my heirs, successors, representatives, and assigns will not make any claim or institute any suit or action at law or in equity against Recycling the Past LLC, Round Top Properties LLC, Flophouze LLC, Round Top Entertainment Group LLC, Matthew S. White and Stephen C. White, or their respective officers, employees, servants, agents, representatives, successors, or assigns by reason of the conditions of the ranch or activities occurring thereon, whether or not caused by the NEGLIGENT ACTS AND/OR OMISSIONS of Recycling the Past LLC, Round Top Properties LLC, Flophouze LLC, Round Top Entertainment Group LLC, Matthew S. White and Stephen C. White, their officers, employees, servants, agents, or representatives.

3. I ACKNOWLEDGE AND UNDERSTAND that no warranty or representations, either express or implied, is made by Recycling the Past LLC, Round Top Properties LLC, Flophouze LLC, Round Top Entertainment Group LLC, Matthew S. White and Stephen C. White, their officers, employees, servants, agents or representatives, as to the conditions of the property, or of any of its buildings, fences, driveways, housing, trails, pastures, and improvements on the property or any of the animals, snakes, insects, cattle, horses, deer, coyotes, or other creatures that can be on the property. This document is to warn me that dangerous conditions, risks, and hazards, do exist. My presence and activities on the property expose me to dangerous conditions, risks, and hazards, including, but not limited to, cattle, horses, deer, coyotes, poisonous snakes, insects and spiders, buildings and fences, general conditions of the land creating rough or difficult ground for travel, and lakes and ponds, which have deep and, sometimes, muddy water and boggy bottoms. I hereby state that I am aware of these facts and expressly assume all such dangers, risks, and hazards associated with them and agree to hold Recycling the Past LLC, Round Top Properties LLC, Flophouze LLC, Round Top Entertainment Group LLC, Matthew S. White and Stephen C. White harmless from these hazards, dangers, and risks whether or not caused by their actions or omissions.

4. I UNDERSTAND AND ACKNOWLEDGE that outdoor recreational activities such as swimming can be hazardous. I assume all ricks of injury, loss of life and damage to persons and property during such activity, fully realizing that Recycling the Past LLC, Round Top Properties LLC, Flophouze LLC, Round Top Entertainment Group LLC, Matthew S. White and Stephen C. White, or their respective officers, employees, servants, agents, representatives, successors, or assigns are held harmless from all liabilities, claims, demands, costs, losses, expenses or compensation of whatever nature for loss, damage, or injuries to persons and property sustained by me, my heirs, personal representatives, successors and assigns and all other persons, resulting from or in any way connected with the use of the swimming pool or other recreational equipment furnished by Recycling the Past LLC, Round Top Properties LLC, Flophouze LLC, Round Top Entertainment Group LLC, Matthew S. White, Stephen C. White, or their respective officers, employees, servants, agents, representatives, successors, or assigns. I, as a parent or guardian or supervisor of a minor child, make this agreement, individually and on behalf of this minor child to induce Recycling the Past LLC, Round Top Properties LLC, Flophouze LLC, Round Top Entertainment Group LLC, Matthew S. White, Stephen C. White, or their respective officers, employees, servants, agents, representatives, successors, or assigns to allow this child to participate in this activity.

5. I UNDERSTAND AND ACKNOWLEDGE that this Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to principles of conflicts of law thereof. I agree that all matters of controversy or suits arising out of or related to this agreement shall be filed and determined exclusively in the state court of Fayette County, Texas and waive removal to federal court.

6. As used in this release, the term “I” includes minors in my care while on the property. I agree to accompany my minor children at all times while on the property to prevent and avoid any injury from the risks, dangers, and hazards described above. The parent or legal guardian who signs the Waiver Agreement on behalf of a minor, incapacitated and/or mentally challenged person (hereinafter “Said Person”) hereby acknowledges that he or she has the legal capacity and authority to act on behalf of Said Person to legally bind Said Person to the Waiver Agreement. The parent or legal guardian who signs the Waiver Agreement agrees to indemnify and hold harmless the Released Parties for any expenses incurred, Claims made, or liabilities assessed against them, as a result of any insufficiency of legal capacity or authority act on behalf of Said Person in the execution of the Waiver Agreement.

7. If any provision of this Waiver Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Waiver Agreement and shall not affect the validity and enforceability of the remaining provisions.

I ACKOWLEDGE THAT I HAVE READ AND AGREED TO ALL THE TERMS OF THIS AGREEMENT, WHICH IS A COMPLETE RELEASE OF LIABILITY (EVEN IF CAUSED BY THE ACTIONS OF THE PROPERTY, ITS OWNERS, AGENTS, AND/OR EMPLOYEES) THAT IS BINDING ON ME, MY HEIRS, SUCCESSORS AND ASSIGNS. IF I AM A PARENT AUTHORIZING MY CHILD ACCESS TO THE PROPERTY, I HAVE READ AND HEREBY ACKNOWLEDGE THE STATEMENT BELOW AND AGREE TO BE LEGALLY BOUND BY IT.

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