1. ACTIVITY AND ASSOCIATED RISK

I have chosen to participate in the following activity: membership in or visiting SocialCLA LLC, doing business as Zen Social Club (“ZEN SOCIAL CLUB”), which owns and operates a private club (“Club”) at which Members and Guests are permitted to smoke cigars, pipes and hookah and enjoy the atmosphere of a private club. I may also consume alcohol while at the ZEN SOCIAL CLUB private club (hereinafter referred to as “the Activity”), which is organized by ZEN SOCIAL CLUB. I understand that:

• the Activity is inherently hazardous, and I may be exposed to dangers and hazards, including some of the following (depending on the nature of the Activity): cigar, pipe and hookah smoking, secondhand smoke, the consumption of alcohol, and negligence of others;
• there are certain known risks associated with the Activity, including, but not limited to, the effects of cigar, pipe and hookah smoking and secondhand smoke present at ZEN SOCIAL CLUB, and while at the Club I shall be exposed to secondhand smoke;
• information on the effects of exposure to secondhand smoke can be found on the websites of the American Cancer Society, the U.S. Surgeon General and the American Lung Association, and can be obtained from my medical professionals; and
• ZEN SOCIAL CLUB does not and will not sell or serve liquor, and I am solely responsible for monitoring my alcohol consumption and that of my guests. I understand that the consumption of alcohol also has health risks of which I am fully aware. I further understand that I should not consume any alcohol prior to operating a vehicle or other equipment; and
• as a consequence of these risks, I may be seriously hurt or disabled or may die from the resulting injuries, and my property may also be damaged.

In consideration of the permission to participate in the Activity, I agree to the terms contained in this documen

2. ASSUMPTION OF THE RISKS

I hereby freely assume the above-mentioned risks as well as other risks not listed that are part of this Activity, and any harm, injury or loss that may occur to me or my property as a result of my participation in the Activity or during any transportation to or from the Activity, including any injury or loss caused by the negligence of ZEN SOCIAL CLUB, its members and other Activity participants. I also understand that in doing the Activity I do so at my own risk.

3. RELEASE OF LIABILIT

I herebyRELEASE ZEN SOCIAL CLUB,B, its employees, agents, officers, members (“the Released Parties”)FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS, which arise from or are in any way related to my participation in the Activity, including but not limited to my smoking of cigars, pipes or hookah, secondhand smoke inhalation and the consumption of alcohol, and result in any injury, death, disease, loss or harm that occur to meor to any other person or to any property during or as a result of the Activity or in any way related to the Activity. This RELEASE applies to claims whether known or unknown, and that arise now or in the future, and includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This RELEASE does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that California law does not permit to be excluded by agreement. I also agree NOT TO SUEor make a claim against the Released Parties for death, disease, injuries, loss or harm that occur during or as a result of the Activity or are related in any way to the Activity

4. INDEMNIFICATION, HOLD HARMLESS AND DEFENSE

I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Activity. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur because of any such claims made against them. I agree that in the event of my death, disease or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.

5. SEVERABILITY

I agree that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by California law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.

6. APPLICABLE LAW, FORUM AND ATTORNEY’S FEES

This agreement is governed by and shall be construed in accordance with the laws of the State of California, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Activity shall be brought only in a state or federal court located in Los Angeles, California, and I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, I agree that the non-prevailing party will pay all attorney’s fees and costs of the parties seeking to uphold the agreement.

I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I REALIZE THAT I MAY CONSULT WITH AN ATTORNEY BEFORE SIGNING THIS, AND MY SIGNATURE BELOW AFFIRMS THAT I HAVE DONE SO AND WISH TO PROCEED, OR HAVE VOLUNTARILY CHOSEN NOT TO DO SO. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.