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The individual named below (referred to as "I" or "me") desires to participate in and visit the bar, private dog park, and Company property, where members, member's guests, member's dogs, and other guests are present, interacting, playing, running, etc. (the "Activity") at the location of Barks & Brews LLC, a Kansas limited liability company located at 1312 E English St., Wichita, KS 67211 (the "Company"). In consideration of being permitted by the Company to participate in the Activity/the intangible value that I will gain by participating in the Activity] and in recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth in this instrument (this "Release").

I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF, INCLUDING BUT NOT LIMITED TO, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, RISKS OF HARM, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE, INHERENT OR OTHERWISE, ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, manager(s), employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage, loss, liability, cost, claim, or damages of any and every kind and nature (including, without limitation, incidental and consequential damages), expenses (including, without limitation, costs of investigation, defense, and/or settlement, and attorney's fees and/or expenses), and/or cause of action, whether or not involving a third-party claim (collectively, "Damages") directly or indirectly arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.

I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by or awarded against the Company or any other Releasees, arising out or resulting from any claim of a third party related to my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of the Company.

I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.

I acknowledge and agree that I will not, unless otherwise required or requested by Company, be required to execute a separate Release of Liability and Assumption of Risk document each time I visit the Company. I agree and acknowledge that this Release of Liability and Assumption of Risk shall be saved and retained by Company, and the terms and conditions, waiver and release of liability, and assumption of risk contained herein shall be effective, binding, true, and correct, as of each time I visit the Company.

This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective heirs, successors, and assigns. This Agreement will be governed by and construed in accordance with the Laws of the State of Kansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Kansas or any other jurisdiction). Any suit, action, proceeding, or dispute arising out of or related to this Agreement will be brought in the State and Federal courts located in Sedgwick County, Kansas. The parties hereby irrevocably consent to the exclusive jurisdiction of such courts.

Each provision of this Agreement will be interpreted in a manner so as to be legal, valid, and enforceable, if at all possible If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction (each a "Severed Provision"), such Severed Provision will be stricken from this Agreement and all other provisions of this Agreement will remain in full force and effect. Each Severed Provision will immediately be replaced by a provision as near in terms as possible under applicable law to the Severed Provision, so as to give full force and effect, as near as possible to the original intent of the parties.

BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT, I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT OR AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR NAMED HEREIN.

Today's Date: June 13, 2024

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
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