PADL LLC

ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT

1. DEFINITIONS

"Participant" means any person participating in stand-up paddle boarding, kayaking, bicycling, sailing, wind surfing, wing foiling, wing surfing, foiling, kiteboarding, kite surfing, lessons, tours, yoga, or rentals (the "Activity").

"Undersigned" means (a) the Participant, if age 18 or older, together with his or her heirs, assigns, and personal representatives; or (b) the minor Participant's parent or legal guardian, together with the minor's heirs, assigns, and personal representatives, if the Participant is under age 18.

"Released Parties" means PADL LLC and each of its affiliates, parent companies, subsidiaries, officers, directors, members, shareholders, employees, contractors, agents, insurers, successors, and assigns.

2. RISKS OF THE ACTIVITY

The Undersigned acknowledges and understands that the Activity is INHERENTLY DANGEROUS AND INVOLVES THE RISK OF SERIOUS PHYSICAL INJURY, PROPERTY DAMAGE, OR DEATH. Risks include, but are not limited to:

•       Changing weather conditions, high winds, storms, lightning, waves, wakes, tides, currents, undertows, and rip currents

•       Cold water immersion, hypothermia, heat exhaustion, dehydration, and sunburn

•       Drowning, capsizing, and overturning

•       Collisions with vessels, docks, pilings, swimmers, and submerged or above-water objects

•       Wildlife and marine life encounters

•       Equipment failure or improper use of equipment

•       Falling, slipping, and physical distress

•       Transport to and from the Activity

•       Acts, omissions, or negligence of the Released Parties or other participants

THE FOREGOING LIST IS NOT EXHAUSTIVE. OTHER RISKS MAY EXIST THAT ARE NOT DESCRIBED ABOVE.

Participant acknowledges that, as operator of a vessel under Florida law, he or she is solely responsible for the safe operation of rented equipment and for compliance with all applicable federal, state, and local laws and navigation rules.

3. MULTIPLE RENTALS

When the Undersigned rents equipment for multiple persons under a single account, the Undersigned accepts full responsibility for (a) all persons interacting with the rented equipment; (b) notifying all Participants of the risks described in Section 2; and (c) any injury, property damage, or loss related to the Activity or equipment until all equipment is returned to the appropriate station and the rental period is concluded. The Released Parties shall not be liable for any failure by the Undersigned to comply with these obligations.

4. RELEASE, INDEMNIFICATION, AND ASSUMPTION OF RISK

4.1 Release

4.2 Indemnification

The Undersigned agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all liability, cost, expense, or damage of any kind, and from any suits, claims, or demands — including reasonable attorney's fees, legal fees, and expenses, whether or not in litigation — arising out of or related to the Participant's participation in the Activity. This indemnification obligation survives the conclusion of Participant's participation in the Activity.

Prevailing Party Fees. In any arbitration or legal proceeding arising out of or relating to this Agreement, the Activity, or the enforcement of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees, expert fees, and costs, to the fullest extent permitted by applicable law; provided, however, that nothing herein shall limit any rights to attorney's fees otherwise available under applicable law, including but not limited to Florida Statute § 57.105.

4.3 Assumption of Risk

5. MINOR PARTICIPANT ACKNOWLEDGMENT

If the Participant is under age 18, the signing parent or legal guardian: (a) represents that he or she has legal authority to bind the minor; (b) signs this Agreement on both his or her own behalf and on behalf of the minor; (c) agrees that the minor is bound by all terms hereof; and (d) expressly waives, on behalf of the minor, all rights that the minor might otherwise have. The minor would not be permitted to participate in the Activity but for the parent's or guardian's agreement to these terms. Any person who signs without a parent or legal guardian's co-signature represents, under penalty of fraud, that he or she is at least 18 years of age.

6. MEDICAL AUTHORIZATION

The Undersigned authorizes the Released Parties and their authorized personnel to arrange for or render emergency medical care for the Participant, or to transport the Participant to a medical facility or hospital, if such personnel determine that medical attention is necessary. The Undersigned agrees to pay all costs associated with such medical care and related transportation.

7. INSURANCE DISCLOSURE

This livery maintains liability insurance in accordance with Florida law, with the following coverage:

•       Carrier: Kinsale Insurance Company

•       Policy No.: 01002412542

•       Coverage: $1,000,000 per occurrence / $2,000,000 aggregate

The existence of insurance does not limit or reduce the Undersigned's obligations under this Agreement.

8. PRE-RENTAL SAFETY INSTRUCTIONS & EQUIPMENT ACCEPTANCE

The Undersigned acknowledges receipt and full understanding of all pre-rental safety instructions provided by PADL LLC. The Undersigned has inspected the rented equipment, accepts it in its present condition as safe, functional, and suitable for the intended Activity, and assumes full responsibility for the equipment during the rental period. The Undersigned is responsible for the replacement cost, at full replacement value, of any rented equipment not returned to PADL LLC. All equipment must be returned by the agreed return time.

9. SAFETY RULES & LEGAL COMPLIANCE

The Undersigned agrees to:

•       Comply with all applicable federal, state, and local laws, statutes, regulations, and navigation rules

•       Use required safety equipment, including USCG-approved personal flotation devices (PFDs), as required by applicable law

•       Carry a whistle or other sound-producing device audible for at least one-half nautical mile

•       Carry a white-light flashlight or lantern when operating after sunset

•       Not operate any equipment under the influence of alcohol or controlled substances

•       Remain within designated areas and comply with any operator-posted guidelines

•       Immediately report any accident, injury, or equipment damage to PADL LLC via the in-app support link or by calling (786) 749-6730, and to report boating accidents to the USCG or appropriate authority as required by law

•       Not engage in any activity prohibited by applicable law

For emergencies requiring immediate police or medical response, call 911 first. First aid kits are available at all PADL locations.

10. MEDIA RELEASE

The Undersigned grants PADL LLC and all related entities a perpetual, royalty-free, worldwide license to use, edit, alter, copy, exhibit, publish, and distribute photographs, video, or other digital media of the Participant taken during the Activity for any lawful commercial or promotional purpose, without compensation. All such media shall become the property of PADL LLC. The Undersigned waives any right to inspect or approve finished products or to receive royalties or other compensation related to such use. The Undersigned releases the Released Parties from all claims arising from this authorization.

11. MISCELLANEOUS

(a) Condition Precedent to Participation. Signing this Agreement is a mandatory condition of participation in the Activity. PADL LLC will not permit any person to participate without a fully executed copy of this Agreement on file. No oral representation, course of dealing, or prior participation creates any exception to this requirement.

(b) Electronic Signature. This Agreement may be executed electronically — including via touchscreen, click-to-sign, or app-based signature — and such electronic signature shall be legally binding and enforceable to the same extent as a handwritten signature, in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN), Florida's Uniform Electronic Transactions Act (Fla. Stat. § 668.50), and any other applicable law.

(c) Governing Law. This Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-law principles.

(d) Dispute Resolution — Mandatory Arbitration. ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITY — INCLUDING ANY CLAIM OF NEGLIGENCE — SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES THEN IN EFFECT. The arbitration shall take place in Miami-Dade County, Florida. Arbitration fees shall be allocated in accordance with the applicable AAA Consumer Arbitration Rules. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. If a court determines that a particular claim may not be arbitrated, that claim shall be heard exclusively in Miami-Dade County, Florida.

(e) Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY LAW, THE UNDERSIGNED IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITY.

(f) Class Action Waiver. ALL CLAIMS MUST BE BROUGHT IN THE UNDERSIGNED'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

(g) Severability. If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect. If the class action waiver is found unenforceable, any class or representative claims shall be litigated in court rather than arbitration, while individual claims proceed in arbitration.

(h) Entire Agreement. This Agreement constitutes the entire understanding between the parties regarding the subject matter hereof and supersedes all prior oral or written representations.

(i) Binding Effect. This Agreement is binding upon the Undersigned and his or her heirs, assigns, subrogors, executors, administrators, and personal representatives.

(j) Physical Fitness. The Undersigned represents that the Participant is in good physical health and has no medical condition that would make participation in the Activity inadvisable.