GENERAL RELEASE AND WAIVER OF LIABILITY AND CLAIMS
TALL TIMBERS FALL FIELD DAY AT AVALON PLANTATION

RELEASE OF LIABILITY. In consideration for, and as a prerequisite to, my being permitted to use the property and services of Avalon Plantation LLC, Avalon Plantation II LLC, RET Properties LLC, RE Turner, and Turner Enterprises Management LLC (collectively, “Avalon”), I, the undersigned Participant, on my own behalf, and on behalf of my heirs, legal representatives, successors and assigns (collectively “I”), hereby RELEASE AND DISCHARGE Avalon, each of their members, managers, affiliates, and any of their respective partners, members, managers, directors, officers, shareholders, employees, representatives, agents, successors, or assigns (such parties, hereinafter collectively referred to as the “Released Parties”), from all liability, claims, demands, and/or causes of action for any and all injuries and/or illness to my person or property and for damages, including but not limited to, those injuries, illnesses or damages CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES while I am on property owned by the Released Parties (“Avalon Plantation”, a/k/a the “Property”) or while I am participating in any activity offered or provided by the Released Parties or while I am traveling or traversing upon, to or from the Property, including travel in a vehicle (whether it be a truck, car, off-road vehicle (“ORV”) or otherwise), including a vehicle being operated by any employee of the Released Parties even if not on the Property.

ACKNOWLEDGEMENT AND WAIVER OF CLAIMS. I EXPRESSLY AGREE I WILL NOT SUE OR MAKE A CLAIM against the Released Parties for damages or other losses sustained as a result of my presence on the Property, as a result of illness or infectious disease, as a result of my participation in the Fall Field Day or any activity on the Property, or as a result of my traveling or traversing upon, to or from the Property. Examples of the types of claims I am waiving include but are not limited to damages or other losses arising out of shooting, hiking, eating, walking, driving, ecotourism and other recreational and non-recreational activities in which I participate on the Property. I FURTHER AGREE THAT I WILL NOT SUE OR MAKE A CLAIM against the Released Parties for damages or other losses arising out of transportation of any nature provided by Released Parties to me to engage in recreational and non-recreational activities whether such transportation is on or off of the Property. By way of example, the following activities are expressly included in this Agreement:

1. I am on the Property, step on a rock and, as a result, twist my ankle and fall down.
2. I am traveling in a vehicle on or off the Property, which is being operated by an employee of the Released Parties, and an automobile accident occurs, injuring me.

REPRESENTATIONS AND WARRANTIES. I REPRESENT AND WARRANT that my participation in activities on the Property does not violate any federal, state, and/or local laws and ordinances regulating such activity, if any, and that I have obtained all necessary permits and licenses to engage in such activities, if required by law. I agree to indemnify the Released Parties for all liability incurred thereby arising out of misrepresentation(s) made by me in this provision of the Agreement.

ASSUMPTION OF RISK. I EXPRESSLY ACKNOWLEDGE, AGREE, AND UNDERSTAND that my presence and participation in activities on the Property, including but not limited to shooting, hiking, eating, walking, driving, ecotourism and other recreational and non-recreational activities in which I participate on the Property, and including my traveling or traversing upon, to or from the Property, have inherent risks and dangers and no amount of care, caution, instruction, or expertise can eliminate these risks and dangers. I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES. I further EXPRESSLY AGREE that if any portion of this Agreement is held invalid, the balance of the Agreement shall, notwithstanding, continue in full legal force.

ARBITRATION. Any “covered claim” that I may have against Released Parties or that Released Parties may have against me shall be submitted exclusively to and determined exclusively by binding arbitration under the Federal Arbitration Act, 9 U.S.C. § 1 et seq., regardless of the state in which the arbitration is held or the substantive law applied in the arbitration. “Covered claim” includes any claim or action arising out of or related to this Agreement or arising out of or related to the parties’ business association. The parties to this Agreement are required to bring all claims subject to arbitration in one arbitration proceeding. Any such claims not brought in one arbitration shall be waived and precluded. The arbitrator shall have the power to hear as many claims as the parties may have against each other consistent with the terms of this Agreement. The arbitrator has no authority to and shall not consolidate claims of different guests into one proceeding, nor shall the arbitrator have the power to hear an arbitration as a class or collective action (a class or collective action involves an arbitration or lawsuit where representative members of a group who claim to share a common interest seek class or collective relief), and I shall not be allowed to submit my claim(s) against Released Parties to arbitration as a representative of or participant to a class or collective action or a claim seeking class or collective relief. The parties to this Agreement agree to keep confidential, and not disclose to any third party, the content and results of any arbitration proceeding, unless necessary to enforce this provision or any arbitration ruling in a court of law, or to appeal from such arbitration ruling. I agree that Florida law controls the interpretation of this Agreement.

MEDIA CONSENT AND RELEASE. I hereby grant the Released Parties the right to make use of the image, name, voice, likeness (the “Materials”) for promotional, fundraising and/or educational purposes in any way the Released Parties see fit and without limitation. Such Materials may include (i) photographs, video, and/or audio recordings of my voice; (ii) my actual or fictitious name; and (iii) biographical information. I represent that any statements made by me during any appearance are true to the best of my knowledge, and neither they, nor my appearance, will violate or infringe upon a third party’s rights. I give permission to the Released Parties to edit, translate and/or caption the Materials as the Released Parties see fit in their sole discretion. I also agree that such Materials may be reproduced, distributed to partners and/or funders of the Released Parties, and in any and all media, now known and hereafter devised. Without limiting the foregoing, I acknowledge and agree that the Released Parties are under no obligation to use the Materials. I waive any right of inspection or approval of the Materials or the uses to which such Materials may be put. I further waive my right to any royalties or other compensation arising from or related to the use of the Materials. To the maximum extent permitted by law, I agree that I will never file any legal claims against the Released Parties or anyone because the Released Parties did not use the Materials or because I do not like the manner in which the Released Parties used the Materials. I agree to release, defend, and hold harmless the Released Parties from any and all claims, demands, and causes of action of any nature whatsoever which I, my heirs, or any other persons acting on my behalf or on behalf of my estate, have or may have by reason of the Released Parties’ exercise of any rights granted by me in this agreement in connection with the Released Parties’ use of the Materials. I HEREBY GIVE CONSENT FOR THE RELEASE OF THE MATERIAL(S) REFERENCED ABOVE TO THE RELEASED PARTIES UNDER THE CONDITIONS AND FOR THE PURPOSE DESCRIBED ABOVE.

I REPRESENT AND WARRANT MY UNDERSTANDING THAT I WILL NOT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES OFFERED BY THE RELEASED PARTIES IF I DO NOT FIRST AGREE, BY MY SIGNATURE BELOW, TO GENERALLY RELEASE AND DISCHARGE THE RELEASED PARTIES FOR ALL DAMAGES AND LOSSES TO ME THAT MIGHT ARISE FROM SUCH ACTIVITIES.

I HAVE READ AND VOLUNTARILY SIGN THE RELEASE AND WAIVER OF LIABILITY AND CLAIMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME.

IF I AM SIGNING ON BEHALF OF A MINOR, I CONFIRM THAT I AM THE MINOR’S PARENT OR LEGAL GUARDIAN AND HAVE THE LEGAL AUTHORITY TO GRANT THIS PERMISSION.