LIABILITY RELEASE & WAIVER AGREEMENT

As a condition of my participation in sailing activities associated with Lake Minnetonka Sailing School (“LMSS”), the undersigned participant, and if such participant is a minor, the participant’s parent or legal guardian (collectively “Participant”), and their respective heirs, executors, administrators, personal representatives and next of kin (collectively with Participant, “Releasors”), hereby forever waive, release and discharge LMSS, its affiliates, and their respective members, managers, employees, volunteers, officers, directors, agents, representatives, successors and assigns (each a “Released Party”) from any and all claims, demands, damages, judgments, executions, rights of action or causes of action, present or future, whether the same be known, anticipated or unanticipated, which a Releasor may have, or claim to have, against any Released Party resulting from death, personal injury, property damage or other loss Releasor may sustain as a result of participating in any sailing activity associated with LMSS l, other related activities (including land-based activities), or the use of the Lake Minnetonka Sailing School’s equipment and facilities.

THIS RELEASE IS INTENDED TO DISCHARGE EACH RELEASED PARTY FROM ANY AND ALL LIABILITY ARISING OUT OF OR CONNECTED IN ANY WAY WITH PARTICIPATION IN SAILING ACTIVITIES ASSOCIATED WITH LMSS, EVEN IF THAT LIABILITY ARISES OUT OF NEGLIGENCE OR CARELESSNESS ON THE PART OF ANY RELEASED PARTY.

Releasors hereby acknowledge that serious accidents occasionally occur during sailing activities and that mortal or serious personal injuries, property damage, or other loss may result from participation in sailing activities, including further injury or damage sustained as the result of the efforts of third parties who come to the aid of Participant. Releasors hereby agree to indemnify and hold harmless the Released Parties from claims, demands, damages, judgments, executions, rights of action or causes of action relating to any such injury or damage.

Participant hereby agrees to pay LMSS for loss or damage due to Participant’s intentional, negligent, or careless use or misuse of equipment (including boats) or facilities. Participant further agrees to abide by all rules and instructions of LMSS or its representatives or agents relating to participation in sailing activities associated with LMSS, and Participant agrees that his or her failure to observe and obey such rules may result in revocation of all right to participate in any such activities without recourse.

I have read this Liability Release, Waiver and Indemnity Agreement, fully understand its terms, and freely and voluntarily agree to it by signing electronically.

IF UNDER 18 YEARS OF AGE  -- PARENT OR GUARDIAN

I represent and warrant that I am the parent or legal guardian of the above named Sailor, and I agree, on behalf of that Sailor, to all terms in this Liability Release, Waiver and Indemnity Agreement. I further guarantee the satisfy all financial obligations undertaken above. I give permission to LMSS and its agents to undertake, and hereby authorize any medical treatment deemed in their discretion to be immediately necessary.