Waivers and Disclosures

Assumption Waiver and Indemnity

MUDDY GNOMES EXPERIENCE, LLC & THE SPORT OF COLD-WATER PLUNGE

VOLUNTARY ASSUMPTION OF RISK(S), WAIVER OF LIABILITY, RELEASE,
AND INDEMNITY AGREEMENT PARTIES TO THIS AGREEMENT (herein individually referred to as a “Party”, and sometimes collectively referred to as the
“Parties”.)

Released Parties include Muddy Gnomes Experience, LLC and its directors, officers, employees, agents, insurers, equipment suppliers, volunteers, contractors, consultants, members, partners, board members, agents, and representatives; and any or all parent, predecessor, subsidiary or affiliate companies, licensees, directors, officers, employees, agents, volunteers, contractors, consultants, members, partners, board members, agents; and any representatives of the foregoing.

Releasing Parties include the Participant, the Participant’s spouse, children, parents, guardians, heirs, next of kin, and any legal representatives, personal representatives, executors, administrators, successor and assigns, or anyone else who might claim or sue on Participant’s behalf.

 

ASSUMPTION OF INHERENT RISKS

The sport of cold-water plunge is a hazardous activity (hereinafter “Activity”) that tests physical toughness and mental fortitude and which involves, but is not limited to, submersion in water, exposure to extreme temperature changes, exposure to cold
temperatures, and exposure to slippery surfaces. Participation in the Activity presents risk of both minor and/or serious bodily injury including but not limited to infection, permanent disability, paralysis, drowning, heart attack, and death.

I acknowledge that the Activity is an extreme test of my physical and mental limits that carries with it Inherent Risks. Inherent
Risks are risks that cannot be eliminated completely without substantively changing the nature of the Activity regardless of the care and precautions taken by the Released Parties.

I understand and acknowledge that the Inherent Risks include, but are not limited to:

1) equipment related hazards (e.g.:
unexpected equipment failure; broken, defective, or inadequate equipment)

2) inadequate or negligent first aid and/or emergency
measures;

3) exposure to hostile environments including extreme cold, slippery surfaces, infectious organisms, fluctuations in
temperature;

4) judgment and/or behavior related issues (e.g.: erratic or inappropriate behavior by the Participant, errors in judgment by personnel overseeing the Activity, erratic or inappropriate behavior of co-participants, erratic or inappropriate behavior of spectators.

I further understand and acknowledge that there may be other risks either not currently known to me, nor readily foreseeableat the time of my participation in the Activity, and I fully accept and assume all such risks, known and/or unknown.

I understand and acknowledge that any of these risks may result in losses which may be caused by my own actions or inactions,
those of others participating in the Activity, the conditions under which the Activity takes place, or the negligence of the Released Parties.

I also understand that it is my responsibility to consult with a qualified physician prior to my participation in the Activity
to ensure that such participation will not pose any unusual risks to my health and well-being.

I fully understand the INHERENT RISKS associated with the sport of cold-water plunge (the Activity) and assert that I am willingly and voluntarily participating in the Activity. I assert that I have read the preceding paragraphs and acknowledge that I:

1) understand the nature of the Activity;

2) understand the demands of the Activity relative to my physical and
mental condition;

3) understand the potential impact of the types of injuries that may result from my participation in the Activity; 

4) I understand there are obvious and necessary dangers involved in the Activity.

I further knowingly assume all of the InherentRisks of the Activity, both known and unknown, and take full responsibility for any and all damages, liabilities, losses, claims or expenses that I may incur through my participation in the Activity.

Indemification

 

In consideration of being permitted to participate in the Activity, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I, for myself and on behalf of the Releasing Parties, hereby forever waive, release, covenant not to sue, and discharge the Released Parties from any and all Claims that I may have arising out of my voluntary participation in the Activity and resulting from: the Inherent Risks of the Activity; and/or the ordinary negligence of the Released Parties.

“Claims” includes all actions and causes of action, claims, demands, losses, costs, expenses, and damages, including reasonable attorney’s fees and related expenses. This release applies to: 1) personal injury, including death, from incidents or illness arising out of my participation in the Activity; and 2) any and all of my Claims relating to the Activity, including but not limited to, both contractual
and non-contractual claims.

Participant Protection Agreement

I represent and warrant that I:

1) am in good health and proper physical condition to safely participate in the Activity;

2) have no known or knowable physical or mental conditions that may affect my ability to safely participate in the Activity or that would result in my participation causing a risk of danger to myself or others;

3) am sufficiently trained to participate in the Activity. I represent and warrant that I have not been advised, or cautioned against, participating in the Activity by a medical
practitioner. I understand that it is my responsibility to continuously monitor my well-being while participating in the Activity and I agree to immediately cease participation in the Activity if at any point my continued participation would create a risk of danger to myself or others.

I represent and warrant that I am covered by medical insurance.

I represent and warrant that I am mentally and physically competent, in full command of my faculties, and am not under the influence of alcohol, drugs, or any intoxicating substance(s) and agree not to participate in the Activity while under the influence of alcohol, drugs, or any intoxicating substance(s).

If during my participation in the Activity an injury or circumstance renders me unconscious or incapable of making an informed medical decision, I authorize Muddy Gnomes Experience, LLC to authorize appropriate emergency medical personnel to make emergency medical decisions on my behalf. I furthermore authorize Muddy Gnomes Experience, LLC to secure emergency medical care or transportation on my behalf if such care is deemed necessary by Muddy Gnomes Experience, LLC (whether or not I am conscious) and I agree to assume all costs of emergency medical care and transportation obtained on my behalf.

By participating in the Activity, I acknowledge that I have found the equipment and areas to be used in connection with the Activity to be in safe and acceptable condition for my participation in the Activity. If at any time I believe the Activity conditions
to be unsafe I will immediately discontinue participating in the Activity.
I agree to comply with all directions, instructions, and decisions of Muddy Gnomes Experience, LLC personnel as they relate to my participation in the Activity. I understand that Muddy Gnomes Experience, LLC has the authority to:

1) issue instructions and directions relating to my safe participation in the Activity; and

2) halt my participation in the Activity at any time if Muddy Gnomes
Experience, LLC deems it necessary in order to protect my safety, the safety of spectators, and/or the safety of personnel facilitating the Activity.

Miscellaneous Provisions

Severability. I understand and agree that this Voluntary Assumption of Risk, Waiver of Liability, and Indemnity Agreement is intended to be as broad and inclusive as permitted by law in the State of Vermont, and that every provision of this Agreement is intended to be severable. If a court of competent jurisdiction finds that any term or provision herein is unlawful, unenforceable, or invalid for any reason whatsoever, then such unlawfulness, unenforceability, or invalidity shall not affect the validity, enforceability, or lawfulness of the remainder of this Agreement.

The offending provision shall:

1) first be considered modified so that it becomes lawful, valid, or enforceable, and if such modification is not feasible, then the offending provision shall

2) be severed from this Agreement and shall not affect the validity or enforceability of any remaining provisions.

Mediation of Disputes.

In the event of any dispute, controversy, or Claim arising out of my participation in the Activity, I agree to engage in good faith efforts to mediate such dispute, controversy, or claim. Any agreement arising out of mediation shall be formalized
in a written, binding, settlement agreement which I agree:

1) may be entered as a judgment order by a court of competent jurisdiction;

2) shall be admissible as evidence in any action or legal proceeding to enforce its terms.

Governing Law, Jurisdiction, and Venue. In the event that, despite the overriding Mediation of Disputes provision to which I agree, legal action proceeds in a court of law, then I agree that the laws of the State of Vermont shall govern the validity of this Agreement, and the construction, and interpretation of its terms. I hereby submit to the personal jurisdiction of the courts of the State of Vermont without regard to conflict of law principles.

Variation of Pronouns. All pronouns and any variations thereof shall be deemed to refer to masculine, feminine, or neuter, singular, or plural, as the identity of the person or persons may require. Headings; Interpretation. Any section or other headings contained in this Agreement are for ease of reference purposes only and are not intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement or any provision hereof.

Authorization to Use Likeness. I agree that Muddy Gnomes Experience, LLC and any of its contractors, agents, and/or licensees may
record and photograph me and record my voice during and in connection with the Activity. I agree that Muddy Gnomes Experience,
LLC shall be the exclusive owner of all copyright and other rights in and to such photography, taping, and recording and shall
have the right forever, and in all locations, to use and license others to use the results of such taping, photography, and recording in any
medium.

I further agree that Muddy Gnomes LLC may use and license others to use my name, image, and likeness in the advertisingand promotion of:

1) any Muddy Gnomes LLC products/services,

2) any production of an Activity in which I appeared.

Entire Agreement

I affirm that this Agreement supersedes any and all previous oral or written agreements, and that this Agreement is the entire Agreement between me and the Released Parties and cannot be modified or changed in any way except through a written document duly executed by all Parties.

ACKNOWLEDGMENT OF UNDERSTANDING

I hereby acknowledge and represent that I:

HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS; understand the nature of the Activity and the risks involved in the Activity; have freely and voluntarily elected to engage in the Activity; am qualified, in good health, and in proper physical and mental condition to engage in the Activity; and accept the Inherent Risks that are obvious and necessary to the Activity.

I understand that I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE, and I furthermore intend my signature to be: a VOLUNTARY ASSUMPTION OF THE INHERENT RISKS associated with the Activity; A COMPLETE AND
UNCONDITIONAL RELEASE OF ALL LIABILITY DUE TO THE ORDINARY NEGLIGENCE of the Released Parties and/or the INHERENT RISKS of the Activity to the greatest extent allowed by Vermont law.

My signature below shall cause this Agreement to bind the Releasing Parties for each and every instance of my participation in the Activity for the period beginning on the date below and ending 365 days thereafter.