In consideration for being allowed to attend and participate in a What the Float event, (the “Event”), on behalf of myself and my personal representatives, heirs, next of kin, partner(s) and spouse, I (“Attendee”) agree to comply with and be bound by the following terms and conditions of the Event:

A. PARTICIPANT’S REPRESENTATIONS AND WARRANTIES

I represent and warrant that:

1 I hereby expressly and affirmatively state that I wish to participate in the Event to be conducted by What the Float, LLC, a Limited Liability Company organized and existing under the laws of the State of New York and doing business as “What the Float” in several States (“Company”); and,

2 I realize that this activity involves risk of personal injury, serious disabling injuries, damage to property and, in extreme situations, the possibility of death. These risks include, but are not limited to, those caused by: (a) the actions, inactions, or negligence of Company and its officers, members, directors, employees, agents and/or volunteers (hereinafter collectively “WTF”) and/or other participants in the Event; (b) conditions of the location in which the Event occurs; (c) the equipment employed at the Event; (d) third party rules and regulations (including governmental bodies) pertaining to the Event and related activities; (e) the weather (including temperature and/or precipitation) during the Event; (f) the conduct of other parties participating in the Event; (g) vehicular traffic at or around the Event; and as a result of war, civil unrest or epidemic. I also recognize that it is not possible for Company to specifically list each and every individual injury risk that my participation may entail and that there may other risks that are not known or foreseeable at this time; and,

3 I acknowledge that the enjoyment and excitement of the Event is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and these inherent risks contribute to such enjoyment and excitement, being a reason for my participation.

4 I am physically able to participate in the Event, that have not been advised by a qualified medical professional that my participation would or reasonably could cause me to suffer and physical, mental or emotional harm; and,

5 That I am physically able to participate in any Activities associated with the event; including but not limited to walking, dancing, listening to music and/or being in contact with others engaged in doing so; and,

6 I have had an opportunity to ask questions about Company’s Event and have consulted my physician before deciding to participate in the Event. Any questions which I have asked have been answered to my satisfaction; and,

7 I certify and agree that I will carefully examine the areas of the Event that I intend to use prior to each use of same, and that my participation in any Activities pertaining to the Event will automatically indicate my acceptance of the conditions of the premises as being reasonable and safe for the purposes for which they are used, and the facilities and premises are accepted in an "AS IS" condition without any reservation, limitation or warranty.

8 I accept full responsibility for my behavior, well-being, and health throughout the event, which may involve a variety of activities, unfamiliar locations, and modes of travel, including but not limited to: running, dancing, climbing, or walking for a longer period than I am used to. I further realize that the event may involve walking through unfamiliar, narrow, unpaved and/or steep paths, gangways, roads, stairways and driveways. I knowingly and willfully accept these risks and take complete and total responsibility for my behavior, well-being and health during the event.

9 I agree at all times during the event, I will abide by and comply with such instructions given by WTF’s staff. I acknowledge that non-compliance may result in injury, death or permanent disability; and that in addition, such non-compliance may also result in my removal from the Event.

10 I have made the above representations knowingly and willingly intending Company to grant me permission to participate in the Event in reliance thereon.

B ASSUMPTION OF RISK

I UNDERSTAND AND COMPREHEND THE RISK ASSOCIATED WITH MY PHYSICAL PRESENCE AT THE EVENT AND THE ACTIVITIES ENGAGED IN BY MYSELF AND OTHERS AT THE EVENT. I ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF MY PHYSICAL PRESENCE AT THE EVENT, THE ACTIVITIES BEING ENGAGED IN AT THE EVENT BY MYSELF AND ALL OTHERS, MY PARTICIPATION IN THE ACTIVITIES OCCURRING AT THE EVENT, WHETHER CAUSED BY THE NEGLIGENCE OF WTF OR BY THIRD PARTIES.

C RELEASE OF LIABILITY

I do now release, acquit, satisfy and forever discharge Company and its members, officers, directors, agents, employees, independent contractors, consultants, affiliates, subsidiaries, successors and assigns, promoters, participants, rescue personnel, sponsors, advertisers, premises or event inspectors, surveyors, underwriters, consultants, and other persons or entities who give recommendations, directions or instructions, or engage in risk evaluation or loss control activities and their directors, officers, agents, and employees (collectively, “Releasees”) from all actions, causes of action, suits, contracts, controversies, promises, variances, agreements, trespasses, damages, judgments, executions, claims and demands in law or in equity, which I ever had, now have or may have in the future, or which any personal representative, successor, heir or assign of mine in the future can, shall or may have, for any reason or cause, including but not limited to any and all claims, causes of action, suits, controversies or demands arising out of or relating in any fashion to my physical presence at the Event or my participation in Activities at the Event.

D COVENANT NOT TO SUE

I irrevocably covenant not to sue or otherwise assert a claim of any nature whatsoever against Releasees arising out of or in any way related to my physical presence at the Event or my participation in Activities at the Event. I further agree that should attempt to bring suit against any or all Releasee(s), that I shall bear the costs of such Releasee(s) attorney's fees and costs incurred in seeking dismissal of and/or defending such action.

E INDEMNIFICATION

I agree to indemnify, hold harmless, and defend Releasees from and against any and all claims, costs, expenses, or liability (including attorneys' fees), attributable to bodily injury, sickness, disease, or death, or to damage or destruction of property (including loss of use of property) caused by, arising out of, resulting from, or occurring in connection with any Activities I may engage in at the Event.

F TERM

The above Assumption of Risk Release, Covenant Not to Sue and Indemnity provisions, and the Arbitration provisions below, shall be in effect from the date of my requesting to participate in the Event and shall continue in perpetuity thereafter, for all future Activities pertaining to the Event.

G NO WARRANTIES

I acknowledge that Releasees have made no warranty, express or implied, regarding the location of the Event, its condition, or the physical or mental condition, competency or skills of any other person operating and/or attending the Event. I am not relying on any oral, written nor visual representations or statements by WTF or any other inducement or coercion to take part in this Event.

H NO MODIFICATIONS

No officer, director, employee, agent, servant or other representative of WTF is authorized to vary the terms and provisions of this Agreement; or to make any oral or written representation contrary to any provisions of this Agreement or otherwise in connection with the subject matter hereof.

I AUTHORIZATION TO PROVIDE CARE

I agree that if I suffer injury or illness at the Event, WTF may, at my cost, arrange such medical treatment and emergency evacuation service as they deem necessary for my health and safety.

J GRANT OF LICENSE

I acknowledge that the Event is a public event which is of interest to the general public; that the Event and some or all of its participants may be recorded by WTF, its assignees and/or third parties; and, that I have no personal right of privacy while participating in the Event in a public space. I hereby grant WTF a worldwide, royalty-free, perpetual license to use my name, trademarks, and photographic, videographic and/or digital likeness, and all sounds created by me at the Event for promotional, educational, and/or commercial purposes in WTF’s sole and exclusive discretion. I hereby waive any claim to commercial appropriation of likeness under California Civil Code § 3344 and any other similar statute(s). I further waive any and all rights to review or approve any uses of my name and likeness, images and sounds recorded at the event by WTF and its licensees. images, any written copy or finished product.

K SEVERABILITY

If any provision or any portion of any provision of this Agreement, or the application of any such provision or portion of a provision to any person or circumstance, shall be determined to be invalid or unenforceable, then the remaining portion of such provision and the remaining provisions of this Agreement, or the application of such provision held invalid or unenforceable to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected by such determination.

L GOVERNING LAW; ATTORNEYS' FEES

The terms and provisions of this Agreement and any dispute arising in connection with this Agreement shall be governed by and construed in accordance with New York law. The parties agree that the venue for any arbitration and/or legal action filed in connection with this Agreement shall be in Queens, New York. In connection with any arbitration and/or litigation arising out of this Agreement, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorneys' fees.

M ARBITRATION - CLASS ACTION WAIVER

1 Any claim or controversy arising out of or related to this Agreement, or its breach, shall be resolved by binding arbitration before a single arbitrator. This includes all claims including but not limited to those grounded in contract, tort or restitution, or on any statute of the United States or any state. All disputes over the arbitrability of specific issues shall be resolved by the arbitrator. Judgment upon the arbitration award may be entered in any court of competent jurisdiction.

2 The arbitration shall be held in Queens, New York and shall proceed in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association, such arbitration to apply the laws of the State of New York (without giving effect to conflict of laws principles). The Parties agree that binding arbitration is the exclusive method for resolving any and all Disputes, and that, under this Arbitration Clause, all Parties are waving the right to a jury trial and the right to bring or participate in any class action in court or through arbitration.

3 The Parties hereby agree that the above-named forum shall be a convenient forum for any such arbitration proceeding or other controversy arising out of, related to, in connection with, or incident to this Agreement. The Parties waive, to the fullest extent permitted by law, (i) any objection that they may now or later have to such laying of venue, (ii) any objection to personal jurisdiction applying in any such venue, and (iii) any claim that any such arbitration proceeding or other controversy brought in such venue has been brought in an inconvenient forum.

4 The arbitrator at such arbitration shall not be entitled to award punitive damages to any Party, and the costs and fees of such arbitration shall be borne by the losing Party.

5 The Parties hereto acknowledge and agree that no class arbitration or other representative action may be undertaken or participating in by the arbitrators. The Parties shall jointly agree upon an AAA arbitrator or, if they cannot agree, the AAA shall select a neutral arbitrator from the AAA's Commercial Panel. The arbitration award shall be in writing, but without a supporting opinion unless such an opinion is requested by a Party.

6 Nothing in this Arbitration Clause shall be deemed to limit the right of WTF to obtain from a court provisional or ancillary remedies such as, without limitation, injunctive relief which shall not constitute a waiver of the WTF’s right to arbitrate the merits of the controversy or claim which prompted either Party to resort to such remedies.

7 If a Party to this Agreement seeks to initiate arbitration, and another Party hereto refuses to arbitrate, the Party seeking to initiate arbitration may seek a court order enforcing this provision under which Parties have agreed to arbitrate. In such event, the court shall only determine any issues regarding the enforceability of this Arbitration Clause, and all other issues shall be decided by the arbitrator. If any Party fails to arbitrate as required under this Arbitration Clause, the Party electing arbitration shall, unless prohibited by applicable law, be entitled to recover their attorneys' fees and costs incurred in compelling the other Party to arbitrate the Dispute.

8 The Parties acknowledge and agree that the Federal Arbitration Act (9 U.S.C.A. § 1 et seq.) shall govern any arbitration under this Arbitration Clause. If any part of this Arbitration Clause conflicts with the terms of any other document or agreement between the Parties or the rules of the AAA, the terms of this Arbitration Clause shall govern.

9 The Parties agree that the mutual promises in this Arbitration Clause constitute the consideration necessary to make this Arbitration Clause enforceable even if the Parties do not enter into any further agreements. This Arbitration Clause shall survive the termination and/or rescission of this Agreement.

N GENERAL TERMS

1 The Parties represent that they fully understand the terms of this Agreement; that they have had the option to have this Agreement reviewed by counsel and have either done so, or understanding the risks thereof, refused to do so; and that this Agreement may not be modified except by subsequent written agreement; and that the terms of this Agreement are contractual and not a mere recital.

2 The captions to these sections or subsections of this Agreement are solely for the convenience of the parties, and are not part of the Agreement, and shall not be used for the interpretation of, determination or the validity of the Agreement or any provision hereof.

3 The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required to evidence or carry out the intent and purposes of this Agreement.

4 If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.

5 Each Party and/or its counsel have participated fully in the review and revision of this Agreement. Therefore, no rule of contract interpretation for or against the drafting party shall be applicable in construing the meaning of this Agreement and/or any portion or portions thereof.

6 No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the Party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

7 All rights and obligations created under or pursuant to this Agreement shall survive the execution of this Agreement and the releases contained herein.

8 This Agreement and the releases contained herein shall bind and inure to the benefit of the principals, agents, representatives, successors and assigns of the parties.

9 This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument.

10 The Parties agree that this Agreement, agreements ancillary to it, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a Party is delivered by facsimile or e-mail transmission. Such facsimile or e-mailed signature shall be treated in all respects as having the same effect as an original signature.

11 This Agreement may be supplemented, amended, or modified only by the mutual agreement of the Parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by the Party to be charged. This Agreement constitute(s) the final, complete, and exclusive statement of the terms of the Agreement between the Parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty outside those expressly set forth in this Agreement.