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RELEASE AND WAIVER OF LIABILITY AGREEMENT

WHEREAS, KRG Gaithersburg Downtown Crown, L.L.C., a Delaware limited liability company (“Owner”), is the owner of property commonly known as Downtown Crown, located at 119 Crown Park, Gaithersburg, MD 20878 (“Premises’), and is willing to permit the individuals signing this agreement to use the Premises for the purpose of participating in certain exercise classes, physical training and other fitness activities being held at the Premises, including, but not limited to, Zumba, yoga and other aerobic workouts (collectively referred to herein as “Fitness in the Park”), subject to the terms and conditions contained in this agreement; and WHEREAS, Palmer Group, LLC, a Maryland limited liability company, d/b/a Event Planning DC (“Event Planner”), is conducting Fitness in the Park at the Premises. In consideration for being provided access to and use of the Premises, and in consideration for our participation in the Fitness in the Park at the Premises, each person signing below hereby stipulates and agrees: 

1. Use of Premises. I understand and agree that I may only use the Premises for participating in Fitness in the Park from August to November 2024. I further agree that I am responsible for the proper use and care of the Premises and any of Owner’s property thereon, and that I will be liable for the replacement cost of any Owner property which I damage, destroy or lose. 

2. Assumption of Risk. I understand and acknowledge that Fitness in the Park, consisting of exercise classes, physical training and other fitness activities at the Premises, including, but not limited to, Zumba, yoga and other aerobic workouts, may be dangerous and may involve the risk that I will sustain serious injury, temporary or permanent disability, death, and/or property damage. I understand that Fitness in the Park is taking place at the Premises and may not be supervised. I further understand that neither Owner of the Premises nor Event Planner provides medical services. I further acknowledge that any injury I may sustain while on the Premises may be compounded by negligent or delayed medical service. I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF THE PREMISES AND MY PARTICIPATION IN “FITNESS IN THE PARK” AT THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE.

3. Release from Liability. I hereby agree, on behalf of myself, my heirs and my personal representatives, to fully and forever discharge and release Owner and Event Planner and their affiliates, and their respective partners, agents, operators, managers, employees, and representatives (collectively, “Released Parties”) from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my entry upon and use of the Premises and participation in Fitness in the Park, whether caused by the negligence of Owner or Event Planner or any of the Released Parties or by any other reason. I acknowledge and agree that this Release and Waiver of Liability is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me while on or using the Premises or while participating in Fitness in the Park.

4. Covenant Not to Sue. I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Premises.

5. Indemnification. I hereby agree to defend, indemnify and hold harmless Owner, Event Planner and the Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my use of the Premises or participation in Fitness in the Park at the Premises.

6. Responsibility for Personal Property. I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring onto the Premises and that neither Owner nor Event Planner will be responsible for or provide any security for my property and personal belongings. 

7. No Representations by Owner or Event Planner. I acknowledge that Owner makes no representation as to the condition of the Premises or the safety of any structures or equipment that may be used at the Premises. I accept and shall use the Premises in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by Owner, Event Planner or their respective employees, agents, or representatives regarding this agreement, Fitness in the Park or the Premises, except to the extent such representations are expressly set forth in this agreement.

8. Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of Maryland, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in any state or federal court located in Montgomery County, Maryland. 

9. Waiver. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.

10. Survival. Any provision of this Release and Waiver of Liability agreement providing for performance by any party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.

11. Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability agreement and use of the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.

12. Severability. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

13. Entire Agreement; Modification; Binding Effect. This agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties. 

I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.

November 5, 2024




First Participant's Name

First Name*

Middle Name

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Consent to Email *
I agree to receive future email about special events at Downtown Crown. I can unsubscribe at any time by clicking the link on the bottom of every email. I understand my email address will never be shared or released to others.
Consent to Photography *
I grant permission to use my photo and/or information related to my experience at Downtown Crown. I understand that this information may be used on social media platforms (Facebook/Instagram/Twitter), in promotional content (Facebook Ads), email marketing (Eblasts) and/or on websites. My consent is given without expecting payment.
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.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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