Legal Waiver

PREAMBLE:

I (referred to herein as “Passholder”) desire to be permitted access to the land of
Brimstone Recreation, LLC (hereinafter referred to as “Brimstone”) and to participate in recreational
events and activities on the Brimstone land. Now, therefore in consideration of being permitted to use
the Brimstone land and to participate in Brimstone’s recreational events, activities and
opportunities, Passholder agrees, acknowledges, and contracts as follows:

ACKNOWLEDGEMENT AND ASSUMPTION OF RISK:

I understand the use of Brimstone Recreation, LLC (hereafter referred to as “Brimstone”) land, equipment
including, but not limited to trails, lodging, campgrounds and parking areas, both owned
and non-owned, involves the danger of encountering both known and unknown hazards and inherent and non
inherent risks to my health and safety including, but not limited to bodily injury, paralysis,
disability, dismemberment, death, illness or disease, physical or mental damage to myself, to my
property, or to spectators or other third-parties.

I hereby expressly assume all risks and dangers and all responsibility for any physical or mental injury
or death or other losses and/or damages to person or property of any nature resulting from my use of the
land and/or participation in recreational events and activities, including proximity to
events or activities as to which I am an observer and not a participant, whether caused in whole or in
part by the negligence or other conduct of Brimstone, its owners, agents, officers, employees, or its
Licensors and Lessors.

I acknowledge that recreational activities and events including but not limited to ATV and UTV riding,
hunting, fishing, horseback riding, jeep riding, hiking, mountain biking, rock climbing, and target
shooting have inherent risks, hazards, and dangers for anyone, that cannot be eliminated or itemized,
particularly in a wilderness environment. I UNDERSTAND THAT THESE RISKS, HAZARDS, AND DANGERS INCLUDE
WITHOUT LIMITATION:

1. The risk of handling firearms and being near others that have firearms in their possession;
2. The risk of injury from ammunition and shot from other guns;
3. The risk of equipment failure and/or malfunction of my own or others’ equipment which may have been
rented, borrowed or personally owned;
4. The risk of my own negligence and/or the negligence of others, including employees, agents,
independent contractors or representatives, or representatives of Brimstone, including but not limited
to operator error;
5. The risk of activities in rugged, remote country, including encounters with wildlife, animals and
insects;
6. The risks of inclement weather conditions and unavailability of immediate medical attention in the
wilderness in case of injury;
7. The risk of temperature extremes, cold weather and heat related injuries and illness including but
not limited to frostnip, frost bite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration;
8. The risk of injury from riding or using an all terrain vehicle (ATV), utility terrain vehicle (UTV)
or any vehicle used either off or on the paved road;
9. The risk of variations in terrain including creeks, water, bridges, traveled roads, wild things,
stumps, forest growth, debris, rocks, cliffs, caves, holes, and other obstacles whether they are obvious
or not obvious, man-made or natural;
10. The risk of injury from the use of tree stands and tree climbing;
11. The risk of the propensity of an animal to behave in ways that may result in injury, harm, or death
to persons on or around them;
12. The unpredictability of an animal’s reaction to such things as sounds, sudden movement and
unfamiliar objects, persons, or other animals;
13. The risk of collision with animals or objects;
14. The risk that a given participant, including myself, or other person, including an employee or agent
of Brimstone, will act in a negligent or reckless manner that may contribute to the injury to myself or
others, such as failing to maintain control over the animal or not acting within his or her ability;
15. The risk from attack by or encounters with wildlife, animals, reptiles and insects;
16. Acts of God including but not limited to wind, rain, hail, snow, ice, lightning, tornadoes or
tornadic activity, and the results of the aforementioned that may lead to unsafe conditions;

I understand the risks, hazards, and dangers as listed above and acknowledge that other unknown or
unanticipated risks and dangers exist which may result in injury, illness or death. I understand that
these recreational activities require good physical conditioning and a degree of skill and knowledge. I
believe that I have the physical conditioning and the degree of skill and knowledge necessary for me to
engage safely in the recreational activities of my choosing. I understand that I have responsibilities.
My use of the land and participation in recreational activities is purely voluntary. No
one is forcing me to participate and I elect to participate in spite of the risks. I AM VOLUNTARILY
USING THE LAND, FACILIITIES, AND/OR SERVICES OF BRIMSTONE BASED ON MY INDEPENDENT ASSESSMENT, AND NOT
ANY REPRESENTATION OR PRESENTATION BY BRIMSTONE, OF THE INHERENT OR OTHER NON INHERENT RISKS, HAZARDS,
AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, PARALYSIS, OR DEATH.

INDEMNIFICATION AGREEMENT:

In addition to the above Acknowledgement and Assumption of Risk, I acknowledge, and agree to SAVE AND
HOLD HARMLESS, INDEMNIFY, AND FOREVER DEFEND BRIMSTONE and its licensors, lessors, owners, agents,
officers, employees, heirs and assigns, from and against any and all claims, liabilities, strict
liabilities, punitive damages, actions or causes of actions, demands, expenses, liabilities (including
reasonable attorney’s fees) and NEGLIGENCE made or brought by the undersigned or by anyone on behalf of
the undersigned, as a result of the undersigned’s participation in any Brimstone recreational events and
activities and my use of the Brimstone land. I will reimburse Brimstone for all attorney fees and
expenses incurred in defending any suit or claim made by me or on my behalf or to which I or my estate
is a party.
WAIVER AND RELEASE OF LIABILITY:

By SIGNING WITH MY ELECTRONIC SIGNATURE and / or CLICKING SIGN or signing below, I acknowledge agree and
contract that I am aware of all dangers aforementioned, and even so, I do hereby, on behalf of myself,
my personal representatives and my heirs, voluntarily forever RELEASE, WAIVE, and DISCHARGE BRIMSTONE
and its licensors, lessors, owners, agents, officers, employees, heirs and assigns from any and all
claims, liabilities, strict liabilities, punitive damages, actions or causes of actions or losses or
damages for bodily injury, property, wrongful death, loss of services or otherwise without limit which
may arise out of my use of the Brimstone land or my participation in any activities
thereon or from any cause whatsoever. I specifically understand that I am releasing, discharging, and
waiving any claims or actions WHEREVER IN THE WORLD, that I may have presently or in the future for the
negligent acts or other conduct by Brimstone and its licensors, lessors, owners, agents, officers,
employees, heirs and assigns. This document shall be forever binding on my heirs, executors,
administrators, and assigns.

I HEREBY CERTIFY, COVENANT AND WARRANT THAT:

I understand the Brimstone Resort policy as follows:

Access to Brimstone trails is limited to Brimstone Resort Passholders staying at
Brimstone Resort designated facilities. The Purchase of a Brimstone Resort Pass provides access to the
Brimstone land and trail system including showerhouse facilities ONLY while staying or parked at one of
the designated Brimstone Resort properties. Any Brimstone Passholder found in violation of the policy
will have access temporarily or permanently suspended or revoked.

I will not use any Brimstone equipment, facilities or services if I do not have the ability to use such
facilities, equipment or services safely without instruction and until I have requested and received
sufficient instruction to permit safe usage.

I have no health condition that will put me or others at increased risk while participating in
recreational activities.

I will follow all rules and safety standards applicable to recreational activities.

I will ride only on marked trails.

I am solely responsible for selecting the recreational activity that best suits my experience and
ability.

I will not commit any act which shall interfere with the operation of Brimstone, its sponsors or related
companies.

I will not commit an act which will damage or harm BRIMSTONE, its operations or reputation.

I understand that Brimstone reserves the exclusive right to temporarily or permanently suspend or revoke
a Passholders access privileges for violation of any published or posted rule or regulation or for any
reason whatsoever.
The laws of the state of Tennessee shall govern this Agreement. Any provision or term of this agreement
that is invalid, illegal or unenforceable in any respect shall be severed and ineffective to the extent
of such invalidity, illegality, or unenforceability without in any way affecting the validity, legality
and enforceability of the remaining provisions and terms of the Agreement.

WAIVER OF JURY TRIAL AS TO ANY ALLEGED CLAIMS ARISING SUBSEQUENT TO THE DATE OF THIS AGREEMENT:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I HEREBY IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY
FOR ANY ALLEGED CLAIM, COUNTERCLAIM, SETOFF, DEMAND, ACTION OR CAUSE OF ACTION ARISING EITHER BEFORE OR
SUBSEQUENT TO THE DATE OF THIS AGREEMENT, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. I AGREE THAT
BRIMSTONE MAY FILE A COPY OF THIS SECTION OF THIS AGREEMENT WITH ANY COURT AS WRITTEN EVIDENCE OF MY
KNOWING, VOLUNTARY AND BARGAINED AGREEMENT TO IRREVOCABLY WAIVE MY RIGHT TO TRIAL BY JURY, AND THAT ANY
DISPUTE OR CONTROVERSY WHATSOEVER BETWEEN MYSELF AND BRIMSTONE SHALL INSTEAD BE TRIED BY THE CIRCUIT
COURT IN CAMPBELL COUNTY, TENNESSEE BY A JUDGE SITTING WITHOUT A JURY. I HEREBY ACKNOWLEDGE THAT THIS
PROVISION MAY NOT BE ORALLY WAIVED AND CERTIFY THAT NO REPRESENTATIVE OR AGENT OF BRIMSTONE, INCLUDING
BRIMSTONE’S LEGAL COUNSEL, JOSEPH G. COKER, HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT BRIMSTONE
WOULD NOT, IN THE EVENT OF SUCH DISPUTE OR CONTROVERSY, SEEK TO ENFORCE THE PROVISION OF THIS SECTION. I
ACKNOWLEDGE THAT BRIMSTONE HAS, IN PART, BEEN MATERIALLY INDUCED TO ENTER INTO THIS AGREEMENT IN
RELIANCE OF THE PROVISIONS OF THIS SECTION.