PLEASE READ CAREFULLY.     

        WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (“Agreement”)   

                        In consideration of being permitted to participate in recreational activities at Kyotes Bar and Grill and Curved Brim, LLC (hereinafter the “Activity”), I, for myself, my heirs, personal representatives, assigns, and estate do hereby release, waive, discharge, and covenant not to sue Kyotes Bar and Grill and Curved Brim, LLC, its officers, shareholders, members, employees and agents (hereinafter the “Released Parties”) from any and all liability, claims, demands, actions, losses, or damages whatsoever arising out of or related to any loss, damage, or injury, including death, that I or any of my property may sustain while participating in or in any way related to the Activity or while in, on, or upon the premises where the Activity is occurring, regardless of whether such loss is caused by the negligence of the Released Parties and regardless of whether any such liability arises in tort, contract, strict liability, or otherwise, except the Released Parties are not released of liability for their reckless or intentional acts.

I fully understand and am aware of the risks, hazards, and dangers connected with the Activity, and I am aware that participating in the Activity includes risk of injury and even death, and I hereby elect to voluntarily participate in said Activity, knowing the Activity may be hazardous to me or my property.  I further acknowledge, agree, and represent that I am in good health and in proper physical and mental condition to participate in the Activity.  I further understand that the Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injury.

I also agree to indemnify and hold harmless the Released Parties from any loss, liability, damages, or costs, including court costs and attorney’s fees incurred as a result of my involvement in the Activity and to reimburse them for any such expense incurred.  

I further expressly agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Wisconsin, and if any portion hereof is held invalid, it is agreed the remaining provision of this Agreement shall continue to exist in full force and effect.

Acknowledgement: I have read this Agreement, which includes waiver of liability, assumption of risk, and indemnity provisions. I further understand and acknowledge that I am not required by Kyotes Bar and Grill and Curved Brim, LLC to sign this Agreement or in any way participate in the Activity and no adverse action will be taken against me for refusing to participate in the Activity.  I further acknowledge that I fully understand the terms of this Agreement, and understand that I am giving up potential rights, including my right to sue.  I acknowledge that I have had the opportunity to bargain over this Agreement’s language and by signing this Agreement I am choosing to be bound by the terms herein.  I am signing the Agreement freely, knowingly, and voluntarily, and intend my signature to be a complete and full release of all liability to the greatest extent allowed by law.

YOU DO NOT NEED TO SIGN THIS.  HOWEVER, THEN YOU MAY NOT PARTICIPATE!