ASSUMPTION OF RISK, RELEASE OF LIABILITY AND WAIVER OF RIGHTS

The individual named below (referred to as “I” or “me”) desires to enter the property occupied, leased, owned, managed, and/or operated by Sol Systems, LLC (“Owner”) or its affiliate, located at  2661 Shiloh Rd. Eldorado, IL 62930 (the “Property”), for the purpose of visiting the Property. In consideration for being permitted by Owner to enter the Property, and in recognition of Owner’s reliance on this Assumption of Risk, Release of Liability, and Waiver of Rights (this “Release”), I hereby freely and voluntarily agree to the following terms and conditions of this Release:

1. Assumption of Risk; Covenant Not to Sue. I am aware and understand that the Property is a high-voltage electrical generating facility and/or active construction site, and that accessing the Property may involve the risk of serious injury, disability, death, and/or property damage, including but not limited to the risk of injury caused by heavy equipment, electrical infrastructure, and exposure to chemicals. I acknowledge that any injuries that I sustain may result from or be compounded by the actions, omissions, or negligence of Owner, including negligent emergency response or rescue operations of Owner. Notwithstanding the risk, I acknowledge that I am voluntarily accessing the property with knowledge of the danger involved and hereby agree, to the fullest extent allowed by law, to accept and assume any and all risks of, and any and all liability for, injury, disability, death, and/or property damage arising therefrom, whether caused by tort, breach of contract, strict liability, willful misconduct or negligence (including gross negligence) of owner or any Releasee (as defined below) or otherwise. Accordingly, I will not make or bring any claim against Owner or any other Releasee for any liability or damages arising out of or relating to my being on the Property, even if caused by the negligence, willful misconduct, or strict liability of any of the Releasees.
   
   
2. Release and Waiver. TO THE FULLEST EXTENT ALLOWED BY LAW, I hereby expressly waive, release, DISCHARGE, AND HOLD HARMLESS Owner, ITS AFFILIATES, and its AND THEIR officers, directors, manager(s), employees, agents (INCLUDING WITHOUT LIMITATION ANY PROVIDER OF OPEration or maintenance services for the project(s) located at the property), AFFILIATES, SHAREHOLDERS/MEMBERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELEASEES”) FROM any and all LIABILITY, claims, cAUSES OF aCTION, AND dAMAGES now or hereafter known arising out of or Related to my being on the Property, whether arising out of the negligence (including Gross Negligence), STRICT LIABILITY, or willful misconduct of Owner or any Releasees or otherwise.
   
   
3. Indemnification. TO THE FULLEST EXTENT ALLOWED BY LAW, I WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, LOSSES, COSTS, OR EXPENSES OF WHATEVER KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF OR RESULTING FROM ANY CLAIM OR DEMAND OF A THIRD PARTY, INCLUDING A CLAIM OR DEMAND FOR PERSONAL INJURY OR INJURY TO PROPERTY ARISING OUT OF OR RELATING TO MY BEING ON THE PROPERTY, EVEN IF CAUSED BY THE NEGLIGENCE (INCLUDING GROSS NEGLIGENCE), WILLFUL MISCONDUCT, OR STRICT LIABILITY OF ANY OF THE RELEASEES.
   
   
4. Requirements. I agree that I will follow all instructions of any onsite property manager or other representative or agent of Owner while on the Property.
   
   
5. Photographic Release. I grant and convey unto Owner all right, title, and interest in any and all photographic images and video or audio recordings of me made by Owner during my visit to the Property. I hereby give Owner and each of its heirs, assigns, affiliates, licensees, agents, and representatives, and all persons or entities acting with their permission or upon their authority, the perpetual, irrevocable, assignable, royalty-free, worldwide right to use, reproduce, publish, broadcast, transmit, display, sell, create derivative works from and otherwise exploit and use my name, fictional name, image, portrait, photograph, likeness and/or other image(s) or facsimiles of myself (“Image”) in whole or in part in any form or media now known or later developed, and in all manners, including composite or distorted representations, for any purposes. I waive any right to inspect or approve the use or publication of my Image, including any written copy that may be included therewith. I hereby release Owner from and against any and all liability to me and any and all claims which I have or may have for copyright infringement, invasion of privacy, right of publicity, defamation or any other cause of action arising out of the use, reuse, display, broadcast, performance, reproduction, distribution, transmission, reprinting or commercialization of the materials incorporating my Image. I waive all rights to payment, royalties, profit or revenue share or other compensation for the use of such materials.
   
   
6. Other; WAIVER OF JURY TRIAL. I agree that to the greatest extent permitted by law, this Release is perpetual, and this Release is intended to apply with respect to every occasion that I access the Property, regardless when or how frequently I do so. I agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State in which the Property is located, that this Release shall be governed by the laws of the State in which the Property is located, without giving effect to any of its conflict of laws provisions that would cause the application of laws of another jurisdiction, and that litigation, if any, regarding this Release or my access of the Property will be brought exclusively in federal or state court located in New York County, New York, and I waive any objection I might have to that venue for reason of inconvenience or otherwise. I HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING IN CONNECTION WITH THIS RELEASE OR MY ACCESS OF THE PROPERTY. I agree that in the event that any clause or provision of this Release is held to be invalid by any court, the invalidity of such clause or provision shall not affect the remaining provisions of this Release, which shall continue to be enforceable. This Release constitutes the sole and entire agreement of Owner and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OWNER.

Name: __________________________________
Signature: __________________________________
Date: __________________________________

Populate and sign below if the person accessing the Property is a minor or incompetent person.

BY SIGNING, I REPRESENT AND ACKNOWLEDGE THAT (1) I AM THE PARENT, GUARDIAN, OR OTHER QUALIFIED LEGAL REPRESENTATIVE OF THE MINOR OR INCOMPETENT PERSON NAMED BELOW, AND (2) I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, ON BEHALF OF MYSELF AND THE PERSON NAMED BELOW, INCLUDING THE RIGHT TO SUE OWNER.

Name: __________________________________
Signature: __________________________________
Date: __________________________________

On behalf of myself and: _____________________________________, a minor or incompetent person.