Release of Liability & Waiver

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Waiver Agreement

MUSI SOCIAL LLC, d.b.a. Aquavela, Wind Foiling, Stand Up Paddling, Wing Surfing, Windsurfing and Club.

Release of Liability, Waiver of Legal Rights, and Assumption of Risk

In consideration for receiving instruction, lessons, coaching and renting, purchasing, or leasing of Wind Foiling, Stand Up Paddling, Wing Surfing, Windsurfing and Club equipment and/or the utilizing of the private or public facilities, ground school, instruction, clinics, events, premises, and equipment of Aquavela, in engaging in the sport activities, (hereinafter collectively called "watersports") for the current calendar year including any date I attend any of the above mentioned sports rentals, lessons, events, clinics, or utilization of the facilities, I hereby understand and agree to this Release of Liability, Waiver of Legal Rights and Assumption of Risk and to the terms hereof as follows:

1. I acknowledge that watersports are action sports and recreational activities involving travel in three dimensions and such activity is subject to mishap and even injury to participants. I understand I may suffer a broken limb, paralysis or fatal injury while participating in any watersport activity facilitated by Aquavela, Wind Foiling, Stand Up Paddling, Wing Surfing, Windsurfing and Club, for the current calendar year including any date I attend any of the above mentioned sports rentals, lessons, events, clinics, or utilization of the facilities, I hereby understand and agree to this Release of Liability, Waiver of Legal Rights and Assumption of Risk and to the terms hereof as follows:

2. I further acknowledge that there are no warranties applicable to the purchase, rental or lease of watersports equipment by me, Wind Foiling, Stand Up Paddling, Wing Surfing, Windsurfing and Club, and that all warranties whether expressed or implied are excluded. THERE IS NO WARRANTY OF MERCHANTABILITY OR THAT THE SAID WATERSPORT EQUIPMENT IS FIT FOR ANY PURPOSE, and that I am accepting the said watersports equipment as is and I hereby acknowledge that I will personally examine the said equipment prior to my using of the same.

3. I hereby RELEASE AND DISCHARGE MUSI SOCIAL, LLC DBA Aquavela, Lake Fairview Marina, Inc, Sunrise Boat Marina INC, DBA Grills Seafood Deck AKA Grills Lakeside, City of Orlando, Orange County, any public or private property, and all of their officers, directors, principals, elected officials, agents, independent contractors, employees, instructors, volunteers, sponsors, their insurers and each and every equipment and land owner, all persons municipal and/or governmental agency upon whose property watersports activity is conducted ("owner") and their insurers, if any, (Collectively "Released Parties") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS OR CAUSES OF ACTION THAT I MAY HEREAFTER HAVE FOR INJURIES / DAMAGES ARISING OUT OF MY PARTICIPATION IN WATERSPORTS ACTIVITIES, Wind Foiling, Stand Up Paddling, Wing Surfing, Windsurfing and Club, INCLUDING BUT NOT LIMITED TO, LOSSES CAUSED BY THE NEGLIGENCE OF RELEASED PARTIES.

4. I understand and acknowledge that watersports activities have inherent dangers that no amount of care, caution, instruction or expertise can eliminate and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN WATERSPORTS ACTIVITIES, Wind Foiling, Stand Up Paddling, Wing Surfing, Windsurfing and Club, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF RELEASED PARTIES.

5. I further agree that I WILL NOT SUE OR MAKE A CLAIM against the Released Parties for damages or other losses sustained as a result of my participation in watersports activities.

6. I also agree to INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from all claims, judgments, and costs, including attorney's fees, incurred in connection with any action brought as a result of my participation in watersports activities.

7. I will take full responsibility for, and hold harmless Released Parties for any injury that I may suffer or inflict upon others or their property as a result of my engaging in watersports activities.

8. I agree that I will operate the said watersports equipment in a reasonable and safe manner so as not to endanger the lives of persons or property of any individual.

9. I have read and understood the above and acknowledge that the same constitutes a release of liability and a waiver of my legal rights and also acknowledgment of the assumption of liability by me of all risks arising out of my engaging in watersports activities, Wind Foiling, Stand Up Paddling, Wing Surfing, Windsurfing and Club.

10. I further represent that this Release of Liability, Waiver of Legal Rights and Assumption of Risk shall continue in full force and effect for so long as I engage in watersports activities which are in any way connected to or with the Released Parties.

11. I further represent that I am at least 18 years of age, or that as the parent or (adult) legal guardian, I waive and release any and all legal rights that may accrue to me, to my minor child or to the minor child for whom I am (adult) legal guardian, as the result of any injury that my minor child, the minor child for whom I am (adult) legal guardian or I may suffer while engaging in watersports activities.

12. I hereby expressly recognize that this Release of Liability, Waiver of Legal Rights and Assumption of Risks is a contract pursuant to which I have released any and all claims against the Released Parties resulting from participation in watersports activities including any claims by the negligence of the Released Parties by any of the undersigned.

13. DECLARATION OF FITNESS. I hereby declare that I am physically fit, I know how to swim, and that I have no physical or mental condition that should preclude me from participating in my chosen activity; I declare that I am not participating against medical advice or treatment.

14. EQUIPMENT DAMAGE. I understand that I am responsible for any damages resulting in the equipment rented to me or used by me during the lesson, rental, event and/or clinic. I understand that AQUAVELA assumes no responsibility for any lost, stolen, or damaged equipment or personal property that I provide myself during the duration of the lesson, rental, event and/or clinic.

15. PROMOTION. I understand that AQUAVELA engages in public activities and may utilize photos and/or videos taken during the instruction, lesson, event and/or clinic for use in promotional materials.

Participation Policy

The following policies are designed to promote the safe and fun use of Watersports facilities and equipment by all students and members. These policies alone do not guarantee your safety. Students and members are expected to conduct themselves in a safe and prudent manner at all times, whether their specific actions are addressed by policy or not.

PFD / Lifejackets

An approved PFD's of correct size/weight will be worn and correctly fastened/adjusted any time a students and members goes into the lakeshore. This includes any usage of the dock, entry into the water for any reason, and at ALL TIMES while underway on any Aquavela equipment. Failure to follow this policy will result in loss of privileges with NO reimbursement of any fee/payments.

Consumption of Drugs or Alcohol

Consumption of drugs or alcohol in any form is prohibited while participating in any lesson or club activity, we reserve the right to cancel or reschedule any lesson or membership if the participant shows any signs of substance or alcohol abuse.

Smoking

Smoking is prohibited in all Aquavela facilities. This includes all Lake Fairview Marina, and The Beach at Grills Lakeside. Smoking is also prohibited at all times while participating in any watersport.

Swimming & Fishing

Swimming or Fishing is not allowed this includes all Lake Fairview Marina, and The Beach at Grills Lakeside or while participating on a watersport.

Shoes

Shoes are required at all times while at shore and protective footwear is recommended while practicing watersports.

Damages

Inspect equipment for damage: Report any problems to the Aquavela staff. You will be held liable for any damage that is on your equipment after you use it. You are expected to treat the equipment with care and respect. Failure to do so may result in loss of privileges with NO reimbursement. Jumps or tricks or freestyle maneuvers are also strictly prohibited.

Boundaries

All members and guests are required to stay in the boundaries as dictated by Aquavela, and are highly encouraged to carry a waterproof walkie talkie or phone call-capable smartwatch as an extra safety precaution. Failure to stay within the club sailing boundaries or within a visual line of sight will result in the automatic loss of club privileges.

I HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK AND FULLY UNDERSTAND ITS CONTENTS. I SIGN OF MY OWN FREE WILL AND AGREE TO BE BOUND BY IT.

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I HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK AND FULLY UNDERSTAND ITS CONTENTS. I SIGN OF MY OWN FREE WILL AND AGREE TO BE BOUND BY IT.

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