WHEREAS, Hackberry Breeze, LLC (“Owner”) is the owner of that certain property located at 555 Lake Breeze Road, Hackberry, Louisiana 70645 (“Premises”), and is willing to grant the individuals signing this Use and Release Agreement (this “Agreement”) a revocable, non-exclusive right to use the Premises for the purpose of engaging in indoor and outdoor recreational activities, including but not limited to fishing, trapping, and water-related recreational activities (the “Activities”), upon the terms and conditions of this Agreement; and

WHEREAS, the undersigned individual identified on the signature page below (hereinafter referred to as “I” or “me”), individually and on behalf of the undersigned’s minor children (if any), desires to enter upon and utilize the Owner’s Premises, for the purpose and Activities stated herein and in accordance with the restrictions, terms and conditions of this Agreement.

NOW THEREFORE, in consideration of being permitted by the Owner to enter upon and utilize the Premise for the purposes and Activities stated herein, and in recognition of the Owner’s reliance hereon, I, individually and on behalf of my minor children (if any), agree to the following terms and conditions:

1. Use of Premises. Subject to the rights of the Owner, I hereby acknowledge and agree that I may only use the Premises for the Activities and purposes set forth in this Agreement for the duration I, my minor children (if any), and/or any guest or invitee that I bring onto the Premises, remain on the Premises, unless sooner revoked or terminated by Owner in accordance with the terms and conditions of this Agreement. I further acknowledge and agree that I will comply with, and cause my minor children and/or any guest or invitee I bring onto the Premises to comply with, the Rules and Regulations set forth in Exhibit “A” attached hereto and made a part hereof. I further agree that I am responsible for the proper use and care of the Premises and any of Owner’s property or improvements thereon, and that I will be liable for the replacement cost of any Owner property or improvements which are damaged, destroyed or lost.
   
   
2. Acknowledgment of Risks. I, ON BEHALF OF MYSELF AND MY MINOR CHILDREN (IF ANY), HEREBY FULLY UNDERSTAND, REALIZE, ACKNOWLEDGE, AND APPRECIATE THAT THE PREMISES, INCLUDING ALL HUNTING SITES AND FISHING SITES, AND ANY AND ALL ACTIVITIES MAY BE DANGEROUS BY THEIR BASIC NATURE, AND THAT I/WE WILL BE VOLUNTARILY SUBJECTING MYSELF/OURSELVES TO POTENTIAL SITUATIONS WHICH MAY RESULT IN THE RISK OF DAMAGE TO PROPERTY, SERIOUS BODILY INJURY, PERSONAL INJURY, TEMPORARY OR PERMANENT DISABILITY, OR DEATH. I FURTHER ACKNOWLEDGE AND AGREE THAT I AM RESPONSIBLE FOR MY OWN SAFETY, AND THAT OF MY MINOR CHILDREN (IF ANY), WHILE PRESENT ON THE PREMISES. I HEREBY ACKNOWLEDGE AND UNDERSTAND THAT THE ACTIVITIES THAT TAKE PLACE ON THE PREMISES ARE NOT SUPERVISED BY OWNER AND THAT OWNER DOES NOT PROVIDE MEDICAL SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, I, ON BEHALF OF MYSELF AND MY MINOR CHILDREN (IF ANY), HEREBY VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY/OUR USE OF THE PREMISES AND PARTICIPATION IN THE ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF DAMAGE TO PROPERTY, SERIOUS BODILY INJURY, PERSONAL INJURY, TEMPORARY OR PERMANENT DISABILITY, OR DEATH.
   
   
3. Release from Liability. I HEREBY AGREE, ON BEHALF OF MYSELF AND MY MINOR CHILDREN (IF ANY), AND MY/OUR HEIRS AND PERSONAL REPRESENTATIVES, TO FULLY RELEASE, WAIVE AND FOREVER DISCHARGE OWNER AND ITS AFFILIATES, AND THEIR RESPECTIVE PARTNERS, AGENTS, OPERATORS, MEMBERS, MANAGERS, EMPLOYEES, AND REPRESENTATIVES (THE “OWNER PARTIES”) FROM ANY AND ALL CLAIMS THAT I, AND MY MINOR CHILDREN (IF ANY), 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, ATTRIBUTABLE OR RELATING IN ANY MANNER TO MY/OUR ENTRY UPON AND USE OF THE PREMISES, WHETHER CAUSED BY THE NEGLIGENCE OF THE OWNER OR ANY OF THE OWNER PARTIES OR BY ANY OTHER REASON. I, ON BEHALF OF MYSELF AND MY MINOR CHILDREN (IF ANY), AND MY/OUR HEIRS AND PERSONAL REPRESENTATIVES, FURTHER ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS INTENDED TO BE, AND IS, A COMPLETE RELEASE OF ANY RESPONSIBILITY OF THE OWNER AND THE OWNER PARTIES FROM ANY AND ALL PERSONAL INJURIES, TEMPORARY OR PERMANENT DISABILITY, DEATH, AND/OR PROPERTY DAMAGE SUSTAINED BY ME OR MY MINOR CHILDREN WHILE ON OR USING THE PREMISES.
   
   
4. Indemnification. I HEREBY AGREE, ON BEHALF OF MYSELF AND MY MINOR CHILDREN (IF ANY), AND MY/OUR HEIRS AND PERSONAL REPRESENTATIVES, TO INDEMNIFY, HOLD HARMLESS, AND DEFEND, OWNER AND THE OWNER PARTIES FROM ANY AND ALL LOSSES, LIABILITIES (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY AND VICARIOUS LIABILITY), INJURIES, CLAIMS, CAUSES OF ACTION, DEMANDS, COSTS, AND EXPENSES OF WHATSOEVER NATURE (INCLUDING, WITHOUT LIMITATION COURT COSTS, EXPERT COSTS, WITNESS COSTS, AND ATTORNEYS’ FEES), WHETHER THE FOREGOING ARE FORESEEABLE OR UNFORESEEABLE, WHEREVER, WHENEVER, OR HOWEVER ANY OF THE FOREGOING MAY OCCUR (COLLECTIVELY, “LOSSES”), INCLUDING, BUT NOT LIMITED TO, ANY LOSSES ARISING FORM THE ACTIONS, INACTIONS, NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY OF THE OWNER PARTIES, HOWEVER ARISING, FROM ANY INJURY OF WHATSOEVER NATURE (INCLUDING, WITHOUT LIMITATION, MOVABLE OR IMMOVABLE PROPERTY DAMAGE, BODILY INJURY, LOSS OF CAPACITY, LOSS OF EARNING CAPACITY, OR DEATH) SUSTAINED AS A RESULT OF THE GRANTING OF THIS REQUEST OR AS A RESULT OF OR IN ANY WAY RELATED TO OR ARISING OUT OF MY/OUR PRESENCE AT THE PREMISES, INCLUDING ANY ACTIVITIES PERFORMED THEREON.
   
   
5. Responsibility for Personal Property. I hereby 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 Owner will not be responsible for or provide any security for my property and personal belongings.
   
   
6. No Representations by Owner. I hereby acknowledge that Owner has made no representation or warranty as to the condition of the Premises, the safety of engaging in the Activities, 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 further acknowledge and agree that I am not relying upon any representation or statement by the Owner or the Owner’s employees, agents, or representatives regarding this Agreement or the Premises, except to the extent such representations are expressly set forth in this Agreement.
   
   
7. Special Provision Governing Minors. All minors permitted by me to access the Premises shall at all times be under my direct supervision or that of one of the minor’s parents or guardian; and such parent or guardian, along with me, shall solely be jointly and severally responsible and liable for the action of, and any and all injuries to or caused by, such minor at all times.
   
   
8. Governing Law and Venue. This Agreement will be governed by and interpreted in accordance with the laws of the State of Louisiana, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Agreement must be brought exclusively in any state or federal court located in Cameron Parish, Louisiana.
   
   
9. Waiver. No waiver of any term or right in this 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. Termination. I hereby acknowledge that Owner may terminate this Agreement and revoke the right of use and all attendant rights granted hereunder, at any time and subject to the sole and absolute discretion of Owner.
    
    
11. No Assignment. I hereby acknowledge and agree that neither this Agreement nor the right of use or attendant rights granted to me hereunder may be assigned or transferred, in whole or in part. I will not allow or otherwise permit the Premises to be used by any person for any purpose other than as specified herein without the prior written consent of Owner. I further agree to cause any guest or invitee that I bring on the Premises (including, without limitation, my spouse and minor children) to execute and deliver to Owner a copy of this Agreement prior to allowing any such guest or invitee to access or use the Premises. I hereby agree to indemnify and hold harmless Owner from any and all liability that may arise as a result of my failure to secure the written agreement of any invitee or guest to consent to the terms of this Agreement.
    
    
12. Attorneys’ Fees. In the event that it shall be necessary for Owner to obtain legal counsel or bring an action for a breach of any covenant, provision or condition hereof, or otherwise arising out of or to enforce this Agreement, the unsuccessful party shall pay to the prevailing party reasonable attorneys’ fees, which shall be payable whether or not any action is prosecuted to judgment, and all costs incurred.
    
    
13. Compliance with Laws. In the performance of the terms of this Agreement and use of the Premises, I hereby agree to comply with all applicable federal, state, regional and local laws, rules and regulations.
    
    
14. Severability. If any provision or portion of this 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.
    
    
15. Entire Agreement; Modification; Binding Effect. I hereby acknowledge and agree that 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 AND THAT I HEREBY AGREE, PERSONALLY AND ON BEHALF OF MY MINOR CHILDREN (IF ANY), TO BE BOUND BY THE TERMS OF THIS AGREEMENT. BY SIGNING THIS AGREEMENT I FURTHER GUARANTEE THAT I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND THEREFORE FULLY COMPETENT IN AGREEING TO THIS AGREEMENT.