Release and Waiver of Liability

This Release and Waiver of Liability (the “Release”) is made between Peter Morrison and Diletta Bernabini, husband and wife, and Bella Terra Hills LLC, a Florida limited liability company (the “LLC”), including each of their respective officers, directors, managers, members, employees, agents, insurers, representatives, successors, and assigns (collectively, the “Released Parties”), whose address is 17404 and 17450 NW County Road 239, Alachua, FL 32615 (together, the “Property”), and the undersigned (the “Participant”), together with all minors listed (collectively, the “Minors”).

In consideration of being invited to enjoy various recreational activities on the Property consisting of, but not limited to, ziplining, interaction with animals, operation of off-road motor vehicles (including but not limited to dirt bikes, ATVs, and similar vehicles), horseback riding, firearm shooting, pilates, yoga, and any other recreational activities, as well as use of any equipment, facilities, or amenities on the Property (collectively, the “Activities”), the Participant, individually and on behalf of all Minors, agrees as follows:

1. Release and Waiver

Participant, individually and on behalf of all Minors, and their respective legal representatives, spouses, heirs, and assigns, does hereby release, forever discharge, and hold harmless the Released Parties from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from the Activities or presence on the Property.

2. Assumption of Risk

Participant understands and acknowledges that the Activities are inherently dangerous and involve risks that may result in serious bodily injury, permanent disability, paralysis, or death. Risks include but are not limited to collisions, equipment failure, falls, drowning, exposure to elements, encounters with wildlife, improper use of equipment, failure to follow instructions, or health conditions of participants. Participant accepts all such risks and responsibility for losses, costs, and damages incurred, whether caused by negligence of the Released Parties or otherwise. This includes claims based on negligence.

3. Covenant Not to Sue

Participant, individually and on behalf of all Minors, covenants not to sue or assert any claim against the Released Parties arising from or related to the Activities or presence at the Property, including claims based on negligence.

4. Safety Requirements

Participant agrees that all participants will:

• Wear appropriate protective equipment, including helmets for motorized vehicle activities, horseback riding, and ziplining;
• Wear closed-toe shoes and appropriate clothing;
• Follow all posted safety rules and instructions;
• Only participate in Activities for which proper safety instruction has been given;
• Not participate while under the influence of alcohol or drugs;
• Immediately report unsafe conditions to Released Parties.

5. Physical Conditions

Participant warrants that no participant who is pregnant, has a heart condition, back injury, epilepsy, or other physical condition that could be aggravated by the Activities will participate without written medical clearance from a licensed physician.

6. Minor Participants

If any participant is under 18, Participant represents that they are the parent/legal guardian of such Minor and have full authority to execute this Release on their behalf. Participant agrees to supervise, or arrange for supervision of, all Minors, and assumes full responsibility and liability for their safety and actions.

7. Medical Authorization

In the event of injury or illness, Participant authorizes Released Parties to secure emergency medical treatment. Participant agrees to be financially responsible for any related costs.

8. Voluntary Activities

Participant understands that they may decline to partake in any activity at any time. Released Parties reserve the right to deny participation for any reason, including failure to follow safety instructions, intoxication, or unsafe behavior.

9. Indemnification

Participant agrees to indemnify, defend, and hold the Released Parties harmless from all claims, costs, expenses, or liability (including attorneys’ fees) related to bodily injury, sickness, death, or property damage arising from participation in the Activities or presence at the Property.

10. Miscellaneous

This Release is intended to be as broad and inclusive as permitted by Florida law and shall be governed by Florida law, with venue exclusively in Orange County, Florida. If any provision is held invalid, the remainder shall continue in effect. The prevailing party in any litigation shall recover costs and reasonable attorneys’ fees. This Release contains the entire agreement and supersedes all prior understandings. Participant acknowledges that they have had sufficient opportunity to review this Release, understand its terms, and sign voluntarily.

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND ALL TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES.

Participant has executed this Release as of the date written below.