MELMERBY ADVENTURES

EACH ADULT PARTICIPANT MUST INDIVIDUALLY SIGN THE GENERAL RELEASE

Please read the following agreement carefully BEFORE DECIDING TO PARTICIPATE.
By signing this document and initialling the required sections, YOU ARE EXPRESSLY
AGREEING TO HAVE KNOWINGLY, FULLY AND TOTALLY RELEASED the
Owner/Company/His Agents and Employees (hereinafter "the Released") FROM ANY
AND ALL CLAIMS, INCLUDING ACTIVE OR PASSIVE NEGLIGENCE BUT
EXCLUDING GROSS NEGLIGENCE AND/OR INTENTIONAL MISCONDUCT, arising
out of any act, omission, or condition existing before the signing of the agreement, and
extending to include any act, omission, or condition in any way connected with your
participation in (including transit to and from] these water sports activities, occurring at
any point in the future from the activities in which you are about to purchase/engage.

Numerous risks are inherent in and associated with water sports activities. By executing
this RELEASE, you acknowledge that participation in water sports activities is an
inherently dangerous activity that involves risks of death and/or serious bodily injury that
cannot be prevented or avoided even by the exercise of reasonable care. Though not
exhaustive, the following list exemplifies many of the types of risks and potential injuries
you could encounter with your participation in water sports.

• changing water flow, tides, currents, wave action, eddies, whirlpools, and vessel wakes;
• collision with other participants; collision with watercraft, whether owned or operated by the Released, collision with man-made or natural objects; the negligent actions and/or omissions of other participants;
• your own actions and/or omissions, your level of competency as to the activity, and your own physical and mental conditions;
• your sense of balance, physical coordination, ability to operate equipment, and ability to swim;
• wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature;
• collision, capsizing, sinking, falling, slipping or other hazards that may result in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into any body orifices, and/or drowning:
• the presence of insects, wild animals, as well as dangerous plant life, bacteria, amoebas, and marine life forms;
• equipment failure, improper use of equipment and/or impacting equipment;
• heat or sun-related injuries or illnesses, including sunburn, sunstroke or dehydration:
• fatigue, chill, shock and/or dizziness which may increase your reaction time.

By initialling this section and executing this WAIVER below, you are agreeing that you have reviewed the preceding non-exclusive list of sample inherent risks involved in your participation in these activities, and with full knowledge and understanding, you are voluntary agreeing to engage and participate in these activities and to VOLUNTARILY AND EXPRESSLY ASSUME THE RISK OF SERIOUS BODILY HARM, PERSONAL INJURY, DEATH, OR DAMAGE resulting from any inherent risks while participating and engaging in (including transit to and from) these water sports activities. By expressly assuming ANY AND ALL INHERENT RISKS involved with these water sports activities, you are voluntarily relinquishing the ability to seek or collect damages from the Released due to any personal injury, claim, or incident occurring or in any way related to or arising from the inherent risks of your involvement in these water sports activities.

By initialling this section and executing this WAIVER below, you are further agreeing to hold harmless and to indemnify the Released against any claims, demands, losses, damages, causes of action, judgments, costs, expenses, attorneys' fees, and other liabilities, including those from third parties, arising out of or relating to your participation in any water sports and/or presence upon the property on which they are located, even if caused by the active or passive negligence of the Released but excluding any gross negligence or intentional misconduct. By agreeing to indemnify the Released for the acts, occurrences, and expenses as contained within this subsection you are knowingly

and voluntarily agreeing that you may be required to reimburse or provide the cost of legal defense or representation for the Released for any expenses or actions it has to take arising out of your participation in these water sports activities.

By initialling this section and signing this WAIVER below, YOU ARE AGREEING TO KNOWINGLY, VOLUNTARILY, AND UNEQUIVOCALLY WAIVE ANY AND ALL CLAIMS, INCLUDING ACTIVE OR PASSIVE NEGLIGENCE BUT EXCLUDING GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, against the Released arising out of any act, omission, or condition existing before the signing of the agreement, and extending to any act, omission, or condition in any way connected with your participation in (including transit to and from) these water sports activities occurring at any point in the future. THIS WAIVER AND RELEASE OF LIABILITY IS EXPRESSLY PROVIDED TO EXCULPATE THE RELEASED FROM THOSE LIABILITIES WHICH ARE SEPARATE FROM AND IN ADDITION TO THE POTENTIAL LIABILITIES CREATED BY THE RISKS INHERENT IN WATER SPORTS PARTICIPATION. Furthermore, by initialling and signing this waiver below, you are binding your spouse, heirs, assigns, and any similarly situated personal or legal representative to the waiver's terms

By initialling this section and signing this WAIVER below, you are signifying that you have read first, then initialled, all sections contained within this agreement. You are further signifying that you are voluntarily agreeing to execute this waiver and release and that you understand the legal implications and consequences of doing so. If there are any aspects of this agreement with which you do not have a complete understanding, you are encouraged to ask or inquire with the Released BEFORE Initialing this section or signing this waiver

Your signature below reflects your expressed consent to be bound to the terms of this agreement. Please carefully review each section again and ensure that you fully understand the implications of this agreement.