RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS

In exchange for participation in the activity of Western Omelette's Company Boat Picnic at the Pueblo Reservoir organized by Western Omelette LLC, of 16 S. Walnut St., Colorado Springs, Colorado, 80905 and/or use of the property, facilities and services of Western Omelette LLC, Bill Borders, Russell Borders, Bree Agee and Austin Jones, herein after known as (the above named) I agree for myself and (if applicable) for the members of my family, to the following:

1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted
rules and warnings, and further agree to follow any oral instructions or directions given by the above named.

2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain
inherent risks associated with the above described activity and I assume full responsibility for
personal injury to myself and (if applicable) my family members, and further release and discharge the above named for injury, loss or damage arising out of my or my family's use of or presence upon the facilities and/or property of the above named, whether caused by the fault of myself, my family, the above named or other third parties.

3. INDEMNIFICATION. I agree to indemnify and defend the above named against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities and/or property of the above named, whether caused by the fault of myself, my family, the above named or other third parties.

4. FEES. I agree to pay for all damages to the facilities or property of the above named caused by any negligent, reckless, or willful actions by me or my family.

5. CONSENT. I, Employee of Western Omelette LLC, or Western Omelette 2 LLC, consent to
the participation of my Child/Children, in the activity of Western Omelette's Company Picnic at
the Pueblo Reservoir, and agree on behalf of the above minor(s) to all of the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of Child/Children.

6. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Colorado law.

7. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.

8. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

9. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

10. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or
relating to this Agreement through friendly negotiations amongst the parties. If the matter is not
resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute
Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to
mediation in accordance with any statutory rules of mediation. If mediation does not successfully
resolve the dispute, then the parties may proceed to seek an alternative form of resolution in
accordance with any other rights and remedies afforded to them by law.

11. EMERGENCY CONTACT. In case of an emergency, please call Bill Borders at 719-466-0162.

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.

Dated: See date selected on this form.