PARTICIPANT WAIVER/ AGREEMENT, RELEASE AND ASSUMPTION OF RISK In consideration of the services of Bike Surf’n LLC their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf, I hereby agree to release, indemnify, and discharge Bike Surf’n LLC, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1. I acknowledge that participating in Stand up Pedalboards, inflatable tubes, pedal boats, kayaking, and paddleboard activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.The risks include, among other things: water hazards; accidental drowning; collision with fixed objects or people; slipping and falling; musculoskeletal injuries including head, neck, and back injuries; the negligence of other participants, or other persons who may be present; equipment failure or operator error; weather conditions; and my own physical condition; collision with fixed or movable objects or other watercraft; boat capsize and entrapment; travel in remote areas; rapidly changing adverse weather and water conditions; boats, kayaks, paddleboards and inflatables are slippery when wet and accidents can occur getting in, out, on, or off; damage to equipment or personal injury; crashing; forces of nature including extremes of weather, lightning and rapid weather changes, exposure to the sun, strong wind, cold, large waves, eddies, and whirlpools, tidal conditions, surf, and currents; exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hyperthermia (heat-related illnesses), heat exhaustion, heat stroke, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; my own physical condition, and the physical exertion associated with this activity. Traveling to and from the dock will raise the possibility of any manner of transportation accidents. In any event, if you or your child is injured, any medical assistance will be at your own expense. Furthermore, Bike Surf’n LLC personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Bike Surf’n LLC from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Bike Surf’n LLC equipment or facilities, including any such claims which allege negligent acts or omissions of Bike Surf’n LLC.
4. Should Bike Surf’n LLC or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against Bike Surf’n LLC, I agree to do so solely in the state of New York, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Bike Surf’n LLC on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at Bike Surf’n LLC. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.Print Name_________________________________________________________________Phone Number________________________ Address___________________________________________________________________ City_________________________________ State__________________________ Zip_______________________ Email_________________________________________________ Signature of Participant_______________________________________________________________________________ Date________

PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION (Must be completed for participants under the age of 18)

In consideration of ______________________________________________________________________(print minor’s name) (“Minor”) being permitted by Bike Surf’n LLC to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless Bike Surf’n LLC from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor. Parent or Guardian: ___________________________ Print Name: _________________ Date: _______