Participant Waiver & Release Form

CONTRACTUAL ASSUMPTION

ACKNOWLEDGEMENT OF RISKS AND LIABILITY

WAIVER AND RELEASE AGREEMENT

i. Acknowledgement of Risks

I fully acknowledge that some, but not all of the risks of participating in the charter in which I am about to engage may include (1) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; (2) any sense of balance, physical condition, ability to operate equipment, swim and/or follow directions; (3) collision, capsizing, sinking or other hazard which result in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my body orifices, and/or drowning, (4)the presence of and/or injury, illness or death resulting from insects, animals and marine life forms; (5) equipment failure, operator error, transportation accidents; (6) heat or sun related injuries or illness, including sunburn, sunstroke or dehydration; (7) fatigue, chill, and/or dizziness which may diminish my/our reaction time and increase the risk of accident; (8) slippery decks and/or steps when wet; (9) boarding, disembarking, swimming(ii).

ii. I specifically acknowledge that I have been given instructions/training in the safe use of the type of equipment used during this charter to my complete satisfaction, I understand them fully and I am physically/mentally able to participate in the charter which I am about to engage.

iii. I understand that past or present medical conditions may be contraindicative to my participation in the charter/rental. I affirm that I am not currently suffering from a cold or congestion or have an ear infection. I affirm that I do not have any infectious disease or illness (e.g. COVID or similar variants). I affirm that I do not have a history of seizures, dizziness, or fainting, nor a history of heart conditions (e.g. cardiovascular disease, angina, heart attack). I further affirm that I do not have a history of respiratory problems (e.g. emphysema or tuberculosis). I affirm that I am not currently suffering from back, spine and/or neck injuries. I affirm that I am not currently taking medication that carries a warning about any impairment of my physical or mental abilities.

iv. CONTRACTUAL/EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY

This agreement shall be governed by the laws of the United States (v). Any legal action relating to or arising out of this agreement against or with respect to Roger Payne dba Sandy Bottom Boat Tours LLC (vi) shall be commenced exclusively in the United States (vi). Any legal action relating to or arising out of this agreement against or with respect to any roger Payne dba Sandy Bottom Boat Tours LLC affiliated or related companies shall be commenced exclusively in the First Judicial Circuit Court of Florida (ix). I agree that I will reimburse in full any attorney fees incurred by the assured or their insurers to defend any legal action under this agreement.

v. I HEREBY RELEASE ROGER PAYNE DBA SANDY BOTTOM BOAT TOURS LLC (x) THEIR AFFILIATED AND RELATED COMPANIES, THEIR PRINCIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS, THEIR INSURERS, AND EACH AND EVERY LANDOWNER, MUNICIPAL AND/OR GOVERNMENTAL AGENCY UPONE WHOSE PROPERTY AND ACTIVITY IS CONDUCTED, AS WELL AS THEIR INSURERS, IF ANY, EACH AND EVERY CRUISELINE OR COMPANY WHO FACILITATED PARTICIPATION AND/OR PURCHASE OF TICKETS, OR FRTOM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY, PROPERTY LOSS OR DAMAGE (DEATH) TO ME OR MY MINOR CHILDREN AS WELL AS OTHER PERSONS AS A RESULT OF MY/OUR PARTICIPATION IN THE ACTIVITY, EVEN IF CAUSED BY MY NEGLIGENCE OR BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING MYSELF).

I have read this assumption and acknowledgement of risks and release of liability agreement. I understand fully that it is contractual in nature and binding upon me personally. I further understand that by signing this document I am waiving valuable legal rights including any and all rights I may have against the owner, the renter/charter, the operator named above, or their employees, agents, servants or assigns. I FULLY AGREE IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THE CHARTER TO HOLD HARMLESS AND INDEMNIFY THE OWNER, THE OPERATOR NAMED ABOVE OR THEIR EMPLOYEES,AGENTS, SERVANTS OR ASSIGNS FOR ANY INJURY WHICH MAY BEFALL ME, MY MINOR CHILDREN OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE (INCLUDING DEATH).

By entering and participating in the RENTAL/ACTIVITIES, I hereby grant on behalf of myself, my spouse and on behalf of my child (ren), the irrevocable right and permission to photograph and/or record me, my spouse or my child (ren) in connection with said RENTAL/ACTIVIES and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restrictions as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording, an acknowledge and agree that the rights granted to this release are without compensation of any kind.