RELEASE, WAIVER, HOLD HARMLESS and INDEMNITY AGREEMENT

I hereby acknowledge that I have voluntarily chosen to participate in, as applicable and including but not limited to, swimming, diving, water slides, pickleball, basketball, any and all other recreational activities, and/or any and all other activities at or on the below defined property with persons I may or may not know, such property being commonly known as Heights Pool located at 250 Viesca, San Antonio, Texas along with any and all improvements thereon (“the Property”). I AM AWARE THAT SWIMMING, DIVING, WATER SLIDES, PICKLEBALL, BASKETBALL, ANY AND ALL OTHER RECREATIONAL ACTIVITIES, AND/OR ANY AND ALL OTHER ACTIVITIES ON THE PROPERTY ARE OR COULD BE DANGEROUS ACTIVITIES AND I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF INJURY OR DEATH. As part of the lawful consideration for being permitted by Alamo Heights Pool, LLC to participate in, as applicable and including but not limited to, swimming, diving, water slides, pickleball, basketball, any and all other recreational activities, and any and all other activities on the Property and to use the facilities on the Property, I hereby agree that I, my heirs, distributees, guardians, legal representatives, and/or assigns hereby RELEASE, HOLD HARMLESS, agree to FULLY INDEMNIFY, and will not make a claim against, sue, attach the property of, or prosecute Alamo Heights Pool LLC and its owners, officers, agents, employees, contractors, volunteers, and/or representatives (the “Released Parties”) for any loss, injury (including death) or damage -resulting from the negligence, gross negligence, or other acts, however caused, by the Released Parties, or -resulting from the negligence, gross negligence, or other acts, however caused, by myself and/or any other person engaging in, as applicable and including but not limited to, swimming, diving, water slides, pickleball, basketball, any and all other recreational activities, and/or any and all other activities on the Property. Therefore, I hereby RELEASE AND DISCHARGE the Released Parties from all actions, claims, or demands that I, my heirs, distributees, guardians, legal representatives, or assigns now have or may in the future have for any injury or damage resulting from my participation in, as applicable and including but not limited to, swimming, diving, water slides, pickleball, basketball, any and all other recreational activities, and/or any and all other activities on the Property. I likewise agree to HOLD HARMLESS and fully INDEMNIFY the Released Parties and each of them (as applicable) from any loss, liability, damage, or cost (including all attorneys' fees and hospital and medical expenses) they may incur due in whole or part due to my presence on the Property whether caused by the negligence, gross negligence, or conduct or actions of the Released Parties or otherwise; that is, I specifically agree to RELEASE, INDEMNIFY, and HOLD HARMLESS the Released Parties from any such loss, liability, damage, or cost, even if such is caused by the Released Parties’ negligence, gross negligence, or other conduct. I expressly acknowledge that this release, waiver, indemnity, and hold harmless agreement is intended to be as broad and inclusive as permitted by the laws of the State of Texas and that if any portion of the agreement is held invalid it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I further agree to abide by all federal and state laws.