This participation agreement must be signed (with no alterations) by each person participating in any Whirlpool Jet activity. For any participant under 18 years of age the consent at the bottom of the agreement must be signed in advance by Parent or Legal Guardian and presented to Whirlpool Jet upon arrival.

YOUR SIGNATURE ON THIS FORM INDICATES YOU ACCEPT THE CONDITIONS OUTLINED BELOW AND UNDERSTAND THE RISK INHERENT IN THIS ACTIVITY. You also acknowledge that you have read this document at your leisure and have had adequate time to decide whether to participate in this activity. THIS ACTIVITY IS NOT RECOMMENDED FOR PEOPLE SUFFERING FROM MEDICAL CONDITIONS INVOLVING THE NECK, BACK OR HEART. PLEASE INITIAL THE FIRST PARAGRAPH AFTER READING.

I, the Undersigned, on behalf of myself, my heirs, executors, administrators and assigns, in consideration of NIAGARA GORGE JET BOATING Ltd., carrying on business as WHIRLPOOL JET BOAT TOURS (the “Company”), permitting me to participate in its activity, do hereby RELEASE and forever DISCHARGE the Company, its agents, servants and employees, successors and assigns, from all manner of actions, causes of action, suits, debts, contracts, claims and demands whatsoever, which I now have, shall or may have for or by reason of any cause, matter or thing, including negligence on the part of the Company, its agents, servants and employees. I agree not to make any claim against any person or corporation who might claim contribution or indemnity against the Company, its agents or employees. I acknowledge and agree to the Company excluding liability for any and all of its activities including pre-boarding, navigation of white water rapids and disembarkation. I acknowledge and agree that the activity of the Company is considered adventure tourism activity and that I am a willing participant in this activity.

I AM AWARE that there are risks, hazards and dangers inherent in jet boating (the “Company’s Activity”) including bumping and jolting of the boat. Notwithstanding such risks, hazards and dangers, I request the Company to allow me to participate in its Activity, and I hereby agree to assume all risks involved in engaging in the above Activity.

I AGREE, and am aware, that as a condition of being allowed to participate in the Company’s Activity, I do warrant that I am comfortable in and around the water while wearing a life jacket and that I am in good physical health. In particular, I warrant that I have no medical condition involving my neck, back or heart. I also warrant that I am NOT pregnant.

I HEARBY ACKNOWLEGE THAT I HAVE READ THIS AGREEMENT at my leisure and understand that it is a FULL AND FINAL RELEASE and waiver of all my claims for damages or injuries sustained as a result of my participation in the Company’s Activity, and that I am signing this Agreement voluntarily, knowing full well that I am releasing and forever discharging the Company and its agents, servants and employees of all liability for any losses and damages which I may sustain.

I ALSO GIVE my permission to use any and all pictures, video and/or movies in which I may appear for publicity, promotion and advertising without remuneration.