1. Recitals. The above recitals are true and correct, and incorporated by reference as fully set forth herein.
2. Release and Indemnification. The Undersigned, on behalf of himself/herself/itself and each of his/her/its heirs, employees, contractors, affiliates, invitees, guests, agents, personal representatives, successors and/or assigns, agrees, to the fullest extent permitted by law:
a. to waive, release, relinquish and discharge Owner, Happy Trailer Rentals, LLC, a Florida limited liability company, Reiter Asset Services, LLC, a Florida limited liability company, Car-Cor, Inc., a Florida corporation dba North Beach Marina, Gabriel Gomez, and each of their respective parents, subsidiaries, members, officers, directors, shareholders, employees, operators, attorneys, investors, consultants, advisers, trustees, fiduciaries, representatives, contractors, lenders, affiliates, agents, predecessors, Cory Reiter, Lindsay Reiter, and each of their successors and/or assigns (each an "*Indemnified Party*" and collectively, the "*Indemnified Parties*"), from any and all claims, liabilities, suits, damages, actions, or manner of actions, whether in contract, tort, or otherwise, which the Undersigned ever had, now has or hereafter can, may or could have against any of the Indemnified Parties, arising out of, as a result of, or with respect to, the Undersigned's use of and/or access to the Property or the Gym;
b. to assume all risks of using and accessing the Property, EVEN THOSE CAUSE BY THE NEGLIGENT ACTS OR CONDUCT OF ANY OF THE INDEMNIFIED PARTIES. The Undersigned understands that there are inherent risks of using and/or accessing the Property and the Gym, which may be both foreseen and unforeseen and could include serious physical injury and death;
c. to release, indemnify, defendant, and hold harmless each of the Indemnified Parties, from and against any and all claims, liabilities, suits, damages, actions, or manner of actions, penalties, expenses suffered or incurred, including but not limited to court costs and attorneys' fees at all tribunal levels (collectively, the "*Claims*"), arising out of, as a result of, or with respect to, directly or indirectly, the use of and/or access to the Property.
3. Authority. The Undersigned acknowledges that he/she/it has the authority to execute this Agreement and that this Agreement shall be binding on the Undersigned.
4. Representation by counsel. The Undersigned acknowledges and represents that he/she/it has consulted with his/her/its counsel or had the opportunity to consult such counsel prior to executing this Agreement; and that he/she/it is signing this Agreement freely and voluntarily.
5. Disputes, Governing law, Venue. Any dispute or matter arising under this Agreement, the use of the Property or the use of the Gym shall be brought exclusively in any federal or state court in Miami-Dade County, Florida having jurisdiction over the subject matter of the dispute or matter. Each of the parties hereby consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding.
6. Severability. In the event any provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or reconstructed as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect.
7. WAIVER OF JURY TRIAL. THE UNDERSIGNED HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT THAT ANY PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND ANY OTHER DOCUMENTS EXECUTED IN CONNECTION HEREWITH, OR IN RESPECT OF ANY COURSE OF CONDUCT, STATEMENTS (WHETHER ORAL OR WRITTEN), OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR TO ENTERING INTO THIS AGREEMENT.
