Constellation Properties, LLC is willing to permit entry but is concerned about the environmental and other condition,
of the property, has expressed its concerns to the undersigned and is willing to permit the undersigned to enter upon
receipt of this document signed by the undersigned.
I, THE UNDERSIGNED, desire to participate in an Inspection or Tour (“Inspection or Tour”) of the historic
building (“Sterick Building”), located at 8 B.B. King Boulevard, Memphis, Tennessee 38103, of Constellation Properties,
LLC, (“Constellation”) a Tennessee limited liability company. I agree to the following Release and Assumption of
Liability. I understand and hereby acknowledge that participating in an Inspection or Tour at or around the property of
Constellation has inherent risks, hazards and dangers for anyone that cannot be eliminated, particularly in a dilapidated
building. I have had the opportunity to discuss these risks, hazards and dangers with Constellation’s representatives.
I
understand that these risks, hazards, and dangers include without limitation: (1) uneven, slippery, dilapidated,
unimproved or other fall hazards; (2) possible exposure to asbestos-containing building materials, lead paint, mold
and/or other caustic substances, or otherwise hazardous biological substances; (3) limited visibility; (4) hanging or
protruding objects; (5) collapsed ceiling or walls; (6) sharp objects; and (6) flooded conditions.
I understand that an Inspection or Tour may require good physical conditioning. I hereby certify that I have the
good physical conditioning necessary for me to engage in the Inspection or Tour safely. I understand that I have
responsibilities, and I agree to act strictly in accordance with any and all rules, policies, and procedures established by
Constellation and/or Constellation’s personnel or agents regarding the Inspection or Tour. No one is forcing me to
participate and I voluntarily elect to participate with full knowledge of the inherent risks, hazards, and dangers involved.
I hereby fully and irrevocably assume and accept any and all risks of injury, paralysis, or death suffered by me and any
and all risks of damage to my personal property which are incurred as a result of, are concerned with, or are related to
my participation in an Inspection or Tour of the Sterick Building, including without limitation the physical condition of
the Sterick Building property, equipment failure, acts of God, and/or for any other reason.
In consideration of the offer of Constellation to permit me to participate in an Inspection or Tour of Sterick
Building, I agree to assume any and all liability for, indemnify, and hold harmless and hereby fully, irrevocably, and
forever release and discharge Constellation, its members, owners, directors, officers, employees, volunteers, agents,
heirs, successors, and assigns, and all other persons or entities related to or affiliated with any of them (“Released
Parties”) from and against any and all claims, rights, actions, causes of action, liabilities, suits, proceedings, demands,
damages, costs, expenses (including reasonable attorney fees), claims and/or allegations of legal liability of any kind,
nature or description which I, my heirs, executors, or administrators would or could have against any of the Released
Parties and which result from, arise out of, are in connection with, or in any way related to my participation in the
Inspection or Tour, whether foreseen or unforeseen, arising directly or indirectly out of any damage or loss of my
property or out of my injury, paralysis, or death as a result of my engaging in the Inspection or Tour or the use of the
services and equipment of Constellation, whether such damage, injury, paralysis or death results from negligence of
Constellation or from some other cause. I further expressly stipulate and agree to indemnify the Released Parties from
any and all claims, causes of action and damages, which they or any of them may incur as a result of participation by
the undersigned, or by any minor or other person for whom the undersigned is a legal guardian, in the Sterick Building
Inspection or Tour. I, for myself, my heirs, my successors, executors and subordinates, further agree not to sue
Constellation as a result of any injury, paralysis, or death suffered in connection with my participation in an Inspection
or Tour of the Sterick Building.
I recognize and agree that the terms of this release and assumption of risk are contractual and not a mere
recital, contain the entire agreement between the undersigned and Constellation, shall be binding on my heirs,
executors and assigns, and shall be construed according to the laws of the State of Tennessee. This instrument shall
remain in full force and effect so long as I shall go upon the premises or property of Constellation, for any purpose
whatsoever.
I have read and understand the above document and I am signing it voluntarily and with full knowledge of its
significance.