TRAIL NW, LLC. AND THE WORKS BNB, LLC WAIVER, RELEASE, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

BY SIGNING THIS DOCUMENT, YOU WAIVE LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE YOUR HOST(S) FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION,  LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS  OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION  WITH YOUR STAY ON THE HOST PROPERTY, WHETHER BASED ON WARRANTY,  CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY  OTHER LEGAL THEORY. 

PLEASE READ CAREFULLY, SEEK LEGAL ADVICE IF YOU WISH, AND RETURN  LATER. 

This agreement is made between Trail NW, LLC, The Works BNB, LLC, and the Guest. 

For and in consideration of the mutual covenants contained in this Agreement, and other  good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the  parties agree as follows: 

Property Rental Rules. 

All guests must be 21 years old or older, with a valid driver’s license and any minors must be  accompanied by a parent or guardian. 

Guest agrees that he or she shall use the Host Property, including but not limited to all its  furniture, fixtures, safety (life) vests, non-motorized water vessels, firepit, sauna, helicopter landing  zone (hereinafter collectively referred to as “the Host Property”) only for the purpose of short-term occupancy rental stays and in accordance with the following rules: 

1. Guest(s) shall not use or be under the influence of, any illegal substances while occupying  the Host Property or participating in any activities utilizing the amenities on the Host  Property. 
2. If Guest allows anyone other than Guest to use or occupy the Host Property, Guest agrees  to hold Trail NW, LLC and The Works BNB, LLC harmless and indemnify it for any harm  or damages that other occupants may cause or contribute to him or herself or anyone else,  even if such damages arise out of any other person or party’s negligence. In other words,  the Guest agrees that once he or she takes possession of the Host Property, he or she is  responsible for anything that happens with or to that Host Property.  
3. Guest agrees that everyone who uses the Host Property shall wear a lifejacket in any body  of water or pool in areas that have depths exceeding 6 feet of water. Guest agrees that any child under the age of 10 years old shall wear a life jacket at all times in any pool or body  of water on located on the host property.
4. Guest agrees to pay for any damage to the Host Property, surrounding acreage, or anything  else the Host Property or Trail NW, LLC provides. Guest agrees that he or she noted any  pre-existing damage or had the opportunity to do so. And Guest agrees to pay the fair  market repair price for any damage to the Host Property which occurred during the rental  period, plus reasonable administrative costs for repairs. 
5. Guest agrees that the Host Property has a maximum occupancy of 12 persons. Guest also  agrees that no more than 4 people may use the sauna at any given time.  
6. Guest agrees that Host Property use involves many risks, dangers and hazards including,  but not limited to: changing water flow, currents, collisions with other vehicles, man-made  or natural things or objects, equipment failure, heat or sun-related injuries or illness,  fatigue, chill or dizziness, accidents which occur during transportation or travel to and  from the lake, use of non-motorized water craft and mounting or dismounting of said  watercraft, entrapment or obstruction by boats, other vehicles, people or lake dwelling  creatures, rocks, hypothermia or dehydration, sauna, firepit, the overturning or upsetting  of vehicles, helicopter landing area, negligence of other users and negligence on the part  of the Guest. 
7. If Guest brings a minor onto the Host Property, guest acknowledges and agrees that  he/she are solely responsible for the supervision of that minor throughout the duration of  the Guest’s occupancy on the Host Property and have read and executed this Guest  Release and Waiver and agree to it on the minor’s behalf. 
8. Guest agrees that anyone over 18, other than the Guest, who wishes to occupy the Host  Property must have also reviewed and signed this form. Guest assumes responsibility for  ensuring that all occupants have executed the requisite documents. 

Release of Liability, Waiver of Claims, and Indemnity Agreement. 

Guest agrees as follows: 

1. To waive any and all claims Guest has or may in the future have against Trail NW, LLC and The Works BNB, LLC and to release and forever discharge Trail NW, LLC and The  Works BNB, LLC from any and all liability for any loss, damage, damages caused by  negligence, expense or injury including death that Guest may suffer as a result of Guest’s  short-term rental and any participation in any activities on the Host Property.
2. To defend, indemnify, and hold harmless Trail NW, LLC and The Works BNB, LLC from  any and all liability for any property or personal injury (including emotional or mental  injury) to Guest or any third party resulting from Guest’s participation or involvement in  Host Property activities and to indemnify Trail NW, LLC and The Works BNB, LLC from  any claims, suits, expenses, and costs. 
3. This Agreement shall be effective and binding upon Guest’s heirs, next of kin, executors,  assigns and representatives. No one can sue on Guest’s behalf or for damages based upon  Guest’s use of the Host Property. Guest gives up those rights. 
4. This Agreement and any rights, duties, and obligations as between the parties to this  Agreement is governed by and interpreted in accordance with the laws of the State of  Oklahoma. Any action will take place in Oklahoma County, Oklahoma.  
5. Any dispute arising under this Agreement shall be resolved by binding arbitration. If the  parties cannot agree on an arbitrator, each party shall select one arbitrator and both  arbitrators shall then select a third. The third arbitrator shall arbitrate the dispute in  Oklahoma City, Oklahoma. The arbitration shall be governed by the commercial rules of  the American Arbitration Association then in force and effect. 
6. Each party shall pay its own expenses in any arbitration. However, the parties shall share  equally in paying fees charged by the arbitrator. Additionally, to the extent that the  arbitrator determines that a party bringing an arbitration has not prevailed in that  arbitration, the arbitrator shall require that party to pay the reasonable fees and costs of  the other parties to the arbitration. 
7. The Members, Managers and the Company Consent to the jurisdiction of the District  Court of the State of Oklahoma and of the United States District Court for the Western  District of the State of Oklahoma for injunctive, specific enforcement or other relief in aid  of the arbitration proceedings or to enforce judgment of the award in such arbitration  proceedings. 
8. This Agreement constitutes the entire agreement between the parties. Any prior  understanding or representation of any kind preceding this Agreement is not binding upon  either party. 
9. Any modification of this Agreement or additional obligation is only binding if placed in  writing and signed by each party.