Site Tour Liability Waiver

CONSTRUCTION SITE ACCESS WAIVER OF LIABILITY AND RELEASE

The Undersigned has agreed to execute this Waiver of Liability and Release and be bound by the terms hereof. WHEREFORE, the Undersigned, for himself and for his personal representatives, heirs, next of kin, and assigns, acknowledges and agrees:

1.The Undersigned acknowledges that he/she fully understands that construction and other activities at the Construction Sites are dangerous and involve risks of serious injury, death, and/or property damage. I understand that there is ongoing construction activities on site.

2.To the fullest extent permitted by law, the Undersigned (and on behalf of the Undersigned’s personal representatives, heirs, next of kin, and assigns) RELEASES, WAIVES AND DISCHARGES, AND COVENANTS NOT TO SUE, Texas HRE Construction, Synergy Hotels LLC and any contractor or subcontractor or person engaged by any of them to perform any work or services at the Construction Sites, and their officers, directors, stockholders, members, employees, representatives, agents, employees, parents, subsidiaries, sureties, insurance companies, affiliates, partners, joint ventures, attorneys , predecessors, successors, and assigns (collectively, the “Releasees”) from any and all damages, losses, penalties, liabilities, costs, attorney’s fees and expenses of any nature, and any demands, claims, suits, and causes of action therefor, arising out of or resulting from the Undersigned’s presence at the Construction Sites.

3.The Undersigned ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF, INJURY TO HIS /HER PERSON OR HIS DEATH or damage to his/her property, whether caused by the negligence of the Releasees or otherwise, occurring during or as a result of the Undersigned’s presence at the Construction Sites.

4.To the fullest extent permitted by law, the Undersigned shall in demnify, defend and hold harmless Texas HRE Construction, Synergy Hotels LLC and all of their officers, directors, stockholders, members, affiliates , parents, subsidiaries, employees, agents, sureties, insurance companies, predecessors, successors and assigns (collectively, the “Indemnitiees”), from and against any and all demands, claims, suits, causes of action, damages, losses, penalties, liabilities, costs, attorney’s fees and expenses of any nature, arising out of or resulting from the Undersigned’s presence at the Construction Sites. This in demnity obligations shall not be construed to negate, or abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist under law except to the extent that it is caused by the sole negligence of any party in demnified hereunder in which case this obligation shall not apply relative to such in demnified party.

5.The Undersigned acknowledges that he/she has sole responsibility to evaluate carefully the risks inherent in accessing the Construction Sites and that he/she has fully considered those risks, including, without limitation, dangers posed by willful or negligent conduct of himself/herself and/or by others.

6.The Undersigned acknowledges and voluntarily assumes full responsibility for, and full risk of, property damage or loss, or bodily, mental, or personal injury, including death, relating to his /her presence at the Construction Sites.

7. The Undersigned agrees that if any portion of this document is held invalid, the remaining provisions shall be binding and continue in full force and effect.

I have read this Waiver of Liability and Release carefully, understand its significance, and voluntarily agree to all of its terms.