RELEASE OF LIABILITY

1. 1. I have requested to participate in the “GO WILD Hiking Club (the “Hiking Club”) organized by BECO Management, Inc. (“BECO”) which will involve hikes along trails of various intensity in parks, nature centers, mountains and/or other outdoor venues in Maryland, Virginia, and surrounding areas.  The Hiking Club will be organized and led by employees of BECO without professional hiking expertise.  I hereby expressly agree that my participation in the Hiking Club shall be at my own risk; I understand that serious personal injuries could occur, and I assume full responsibility for any risks, injuries, or property damage, which might result not only from my actions but also from the actions, inactions, or negligence of others, the condition of the trails, and/or this type of activity, even if such risks are not known to me or not reasonably foreseeable.
2. 2. I hereby acknowledge that BECO urges me to obtain a physical examination prior to participating in the Hiking Club, and to ask my physician to review my fitness level.  I agree not to participate in the Hiking Club if I am under a physicians’ care, without express approval of my physician.
3. 3. I hereby knowingly RELEASE, WAIVE, DISCHARGE AND AGREE NOT TO SUE BECO and/or it parent company, and/or its respective affiliates, subsidiaries, agents, associates, officers, directors, employees, stockholders, partners, members, any other parties acting at the request or with the permission of BECO, and successors and/or assigns (collectively “Releasees”), and further INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASEES, for any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorney’s fees), arising from any personal injury, damage or death that I may suffer as a result of my participation in the Hiking Club, REGARDLESS OF WHETHER THE INJURY, DAMAGE OR DEATH IS CAUSED IN WHOLE OR IN PART BY THE RELEASEES (INCLUDING, WITHOUT LIMITATION, THE ORDINARY NEGLIGENCE OF THE RELEASEES) OR ANY OTHER PARTY’S ACTIONS, INACTIONS OR OTHERWISE, UNLESS THE INJURY, DAMAGE OR DEATH IS CAUSED BY THE RELEASEES’ GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT (BUT IN NO EVENT SHALL THE RELEASEES BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES).
4. 4. I agree that (i) the terms of this Agreement shall be binding upon, and shall inure to the benefit of, my and BECO’s heirs, executors, personal representatives, administrators, agents, successors and assigns, and are freely assignable by BECO; (ii) should any part of this Agreement be found by a court of law to be against public policy or in violation of any state statute or case precedence, then the remainder of this Agreement shall remain in full force; (iii) this Agreement sets forth the final and entire agreement between BECO and myself with respect to the subject matter hereof; accordingly, any promises, representations or understandings, whether oral or written, pertaining directly or indirectly to this subject matter which are not contained herein are hereby waived; (iv) no further waiver or modification of any of the terms of this Agreement shall be valid unless the same is in writing and signed by the party against which it is sought to be enforced; (v) no failure of BECO to exercise any power given to it hereunder, or to insist upon strict compliance by me with my obligations hereof, and no custom of practice of the parties at variance with the terms hereof, shall constitute a waiver of BECO’s right to demand exact compliance with the terms hereof; (vi) all rights and remedies given herein and/or by law to BECO are separate, distinct and cumulative, and no one of them, whether exercised or not, shall be deemed to be in exclusion of any others; (vii) this Agreement shall be governed in accordance with the laws of the state of Maryland, without regard to the conflict of laws principles thereof; (viii) in any action to enforce or interpret this Agreement, I consent to personal and subject matter jurisdiction in the state of Maryland, County of Montgomery, or federal courts having jurisdiction in such county and state; and (ix) all statements, representations, indemnities and obligations contained herein shall survive the termination of this Agreement.
5. 5. I, ALONG WITH BECO, HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF US AGAINST THE OTHER IN RESPECT OF ANY MATTER WHATSOEVER ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THIS AGREEMENT.