By signing this Waiver and Release of Liability (Agreement), I waive and release Village
of Elba, it’s agents, servants, employees, insurers, successors and assigns from any and all claims and demands, causes of action, damages or suits at law and equity of any kind, including but not limited to claims for personal injury, property damage, medical expenses, loss of services, on account of or in any way related to or growing out of my presence or involvement at the facility.

This waiver and release is intended to and does release Village of Elba from any and all
liability for damages or injuries on account of or in any way related to or growing out of
my negligence, the negligence of third parties and Village of Elba’s negligence. This is
not intended to release Village of Elba from any liability resulting from their intentional
conduct.

I further covenant and agree not to institute any claims or legal action against Village of
Elba for any claim released by this Agreement. I further agree that should any claim be
made against Village of Elba in contravention of this Agreement, including but not limited
to derivative claims, I will protect, defend and completely indemnity (reimburse) Village of
Elba for any such claim and expenses including attorney’s fees and costs incurred by
Village of Elba in defending themselves or security indemnity hereunder.

I understand that Village of Elba is not responsible for any lost, stolen, or damaged
valuables or property.

I acknowledge that I have received and read a copy of the current rules and regulations
governing the use of the facility. I agree that I will fully comply with all rules and
regulations and with any amendment.

I have read the Agreement and understand that by signing the Agreement I have
consented to be bound by its terms, including the waiver/release of any legal right I may
have to sue Village of Elba for any costs they incur because a claim or legal action is
brought in violation of this Agreement. I agree any violation of the Agreement and it’s
terms and conditions, as determined by Village of Elba, will void and terminate this
Agreement and may result in loss of the ability to use the facility.

I am signing the Agreement freely, voluntarily and competently and am at least
eighteen(18) years of age.