1. (Initial)* I do hereby acknowledge that I have been fully informed of the inherent hazards and risks associated with
action sports and recreational activities including boating, swimming and snorkeling in the open ocean (including but not limited to equipment failure, perils of the sea, acts of fellow participants, entering or exiting the water, boarding or disembarking boats, and operator negligence). I fully understand that these risks can lead to severe injury and even loss of life. I understand that these activities may be conducted at a site that is remote from competent medical assistance, and I consent that in an urgent situation the crew may use emergency medical equipment such as defibrillators or epinephrine auto injectors. Despite these risks, I choose to proceed and freely accept and expressly assume all risk, dangers and hazards that may arise from these activities which could result in personal injury, loss of life and property damage to me. I hereby assume each and every risk whether specifically listed herein or not and whether foreseeable or not. It is my intention this agreement be construed as broadly as possible and in favor the Released Parties.

2. (Initials)* In consideration of being allowed to participate in boating, swimming and snorkeling and using the facilities and equipment of the below listed Released Parties, I hereby agree to completely and forever waive, release and discharge any and all claims, suits, actions, liabilities, torts, damages, injuries, demands, obligations, costs and expenses of any nature whatsoever, including personal injuries, property damage, wrongful death and survival, that I may sustain, known or unknown, including but not limited to those based on negligence, breach of contract or from the use of emergency medical equipment such as defibrillators or epinephrine auto-injectors, which are in any way related directly or indirectly to participation in this trip, boating, swimming, snorkeling, or any other activity or service provided by the Released Parties, that I, my estate, heirs, executors, administrators or assigns may have now or in the future against Pinpoint Marketing, LLC, Windward Sea Yacht Charters, Inc., Hawaii MBA Holdings, Dreamer Yacht Charters, Inc., Yacht Around The Corner, LLC., its employees, agents, independent contractors, other associated personnel, all of its boats (whether owned, operated, controlled or borrowed, leased, chartered or otherwise), or any other entity under the same ownership (referred to herein as "Released Parties"). I further agree to indemnify and hold harmless the Released Parties for any injury from the above described activities.

3. (Initials)* I understand I have a duty to exercise reasonable care for my own safety and not to endanger others, and I agree to do so. I affirm I am physically fit to engage in this trip, boating, swimming, snorkeling, or any other activity or service provided by the Released Parties. At no time will I have in my possession any illegal drugs, nor am I taking, nor have I recently taken any drugs or medications which could cause an adverse reaction as a result of combining such drugs and/or medication with these activities.

4. (initials)* This agreement constitutes a final and complete expression of the agreement of the parties regarding the matters addressed herein, and all previous agreements are deemed integrated. By entering into this agreement, I am not relying on any oral or written representation or statements made by the Released Parties, other than what is set forth in this agreement.

5. (initials)* If any provision, section, subsection, clause or phrase of this release is found to be unenforceable or invalid,that portion shall be severed from this contract. The remainder of this contract will then be construed as though the unenforceable portion had never been put herein.

6. (initials)*This agreement shall be construed and enforced under the laws of the State of Hawaii. I consent to and submit to the jurisdiction of the federal and state courts in Hawaii. All disputes shall be resolved in a forum located within Hawaii.

7. (initials) *I acknowledge that participation in the Boat Tour comes with certain inherent risks (including, but not limited to, exposure to COVID-19) that cannot be eliminated regardless of the care taken to avoid any and all illnesses. I acknowledge that the description of risks herein is not complete and that other risks or events that are known or unknown, anticipated or unanticipated, may result in serious illness and/or death.

9. (initials)* By initialing here and signing below, I acknowledge that I have read this entire agreement, and I fully understand its meaning and agree to be bound by it.