In consideration of being permitted to enter upon, participate in and use the facilities, equipment, services and activities of or offered by Earn Your Stripes (“EYS”), and its agents, owners, directors, officers, employees, partners, independent contractors, volunteers, and all other persons acting in any capacity on their behalf (“EYS Representatives”), I, on behalf of myself, my guests, children, heirs, personal representatives, executors, administrators, successors and assigns, hereby:

1. Acknowledge, understand and appreciate that my entry upon and/or use of the facilities, equipment, services and activities of or offered by EYS possess inherent risk, dangers, and hazards and such risks and dangers exists in my use of the facilities, equipment, services, and/or my participation in activities offered by EYS. My participation in such activities and/or use of the facilities or such equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that, could cause serious disability.

2. Expressly agree and promise to accept and assume all of the risks, both known or un- known, that may arise as a result of my entry upon, participation in and use of the facilities, equipment, services and activities of or offered by EYS, whether such risks are caused or alleged to be caused by the negligent acts or omissions of I hereby confirm that I am voluntarily entering upon, participating in and using the facilities, equipment, services and activities of or offered by EYS, and that I am electing to take such voluntary actions in spite of the risks. I acknowledge and agree that I am solely re- sponsible for my safety and responsible entry upon, participation in, and use of the facilities, equipment, services and activities of or offered by EYS, whether or not I am supervised by EYS Representatives.

3. Expressly and voluntarily release and forever discharge EYS and EYS Representatives from any and all claims, demands, causes of action or liability for any loss, damages, injuries or death that I may suffer as a result of my entry upon, participation in or use of the facilities, equipment, services or activities of or offered by EYS, whether the same arises out of or results from any act, omission or conduct of an EYS Representative, negligent or otherwise.

4. Expressly agree to hold harmless, indemnify and defend each of EYS and EYS Representatives from any and all claims, demands, causes of action, or liability for any loss, damages, injuries or death suffered by any other person in connection with my entry upon, participation in or use of the facilities, equipment, services or activities of or offered by EYS, whether the same arises out of or results from any act, omission or conduct of one of more of EYS’s Representatives, negligent or otherwise. The agreement by me to hold harmless, indemnify and defend EYS Representatives is immediate upon the assertion of any claims, demands, causes of action or liability by any other person and is not contingent or dependent upon a finding that my actions caused the loss, damages, injuries or death claimed. The agreement by me to hold harmless, indemnify and defend EYS Representatives, including all consequential damages incurred by EYS Representatives, or which otherwise would be incurred by EYS Representatives absent this agreement, including, but not limited to, all attorney’s fees and costs, court and litigation costs, experts fees and costs, arbitrator fees and costs, mediator fees and costs, payment of any judgment, verdict, award or settlement on behalf of EYS Representatives, and any other damages incurred by EYS Representatives not included in the preceding list which arise as a direct or indirect consequence of the claims, demands, causes of action or liability asserted by any other person.

I ACKNOWLEDGE AND AGREE THAT THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE OF LIABILITY AGREEMENT AND AM AWARE THAT IT CONTAINS A WAIVER AND RELEASE OF LIABILITY AND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE OR HOLD EYS OR EYS REPRENTATIVES LIABLE FOR ANY INJURY WHICH I MAY SUFFER. I AM ACCEPTING THIS AGREEMENT OF MY OWN FREE WILL AND INTEND FOR MY ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.