Release and Waiver of Liability Agreement (Assumption of Risk, Indemnity, Drive and Ride Events) This Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (“Release”) is made and provided by the person signing below (“Participant”), who is being permitted to enter the property owned by the Town of Wellfleet located at White Crest Beach or Newcomb Hollow Beach (“Property”) to participate in the Oldtimer’s Surf Contest activities (“Event”) on the Property sponsored, promoted, conducted by or associated with Cape Cod Old Timers Fund Inc. (“Sponsor”). The Participant desires to enter the Property to surf, swim, and otherwise participate in beach/seashore activities. Participant acknowledges and agrees that entering into this Release is required as a condition to entering and/or using the Property and participating in the Event. This Release shall be effective on the date of its execution and delivery by Participant. In consideration of Owner permitting Participant to enter onto the Property and the Sponsor permitting the Participant to participate in the Event, the undersigned, on behalf of himself or herself, his or her personal representative, heirs, and next of kin, does hereby stipulate and agree: 1. Acknowledgment and Assumption of Risk. Participant understands and acknowledges that the Event activities that will take place on or in the ocean adjacent to the Property involve inherent risks and are very dangerous, and that he or she may sustain serious bodily injury, including temporary or permanent disability, paralysis and death, as well as property damage. Such risks and dangers may be caused by the Participant’s own actions or inactions, wildlife (including sharks), the actions or inactions of others partakers in the Event, the condition of the Property, adverse weather conditions, or the negligence of the Released Parties (as defined in Section 3 of this Release). Participant also acknowledges that any injuries he or she may sustain may be compounded or increased by negligent or delayed rescue operations or procedures of the Released Parties. Participant further acknowledges there may be other risks and economic losses, which may be known to the Participant or may be unforeseeable, that are presented by participation in the Event. PARTICIPANT VOLUNTARILY AND FREELY ASSUMES ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO ENTRY ONTO THE PROPERTY AND PARTICIPATION IN THE RIDING EVENT ACTIVITIES ON THE PROPERTY, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE. 2. Participant’s Representations. Participant acknowledges and represents that: (1) Participant is qualified to participate in the Event; (2) Participant’s surf board and other equipment and attire in good operating condition; (3) Participant will not permit any other person to use his/her surf board and other equipment and/or attire on the Property unless such passenger has signed a copy of this Release; (4) Participant shall at all times follow all the rules and regulations for the Event and the Property, as may be established or modified by the Owner and Sponsor; (5) Participant has informed himself or herself about the Event and the natural, weather, and ocean conditions that will be involved in the Event, either by previous participation in the Event or pursuant to his or her investigation; (6) Participant will not consume or be under the influence of any alcohol or drugs at any time while surfing, swimming, or participating in beach/seashore activities in the Event; and (7) Participant has fully read and understands each of the provisions of this Release, and prior to signing this Release had the opportunity to consult with an attorney. 3. Release from Liability. Participant hereby agrees, on behalf of himself or herself, and his or her heirs and personal representatives, to fully and forever discharge and release Owner and Sponsor, their affiliates, and their respective officers, shareholders, directors, assigns, partners, agents, operators, managers, employees, and representatives, other participants, participating in the Event, and rescue personnel (“Released Parties”) from any and all claims Participant may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses, costs, and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to Participant’s entry upon the Property and participation in the Event, whether caused by the negligence of the Released Parties or by any other reason. Participant acknowledges and agrees that this Release is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by the Participant while on the Property or in any way related to the Event activities. Released Parties shall include, but are not limited to, The Pump House Surf Co., Inc., its officers, shareholders, agents, employees, directors, and assigns. 4. Covenant Not to Sue. Participant agrees, for himself or herself, and all of his or her heirs and legal representatives, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which Participant or his or her heirs or legal representatives may have as a result of any personal injury, death or property damage the Participant may sustain while on the Property or participating in the Event. 5. Indemnification. Participant hereby agrees to defend, indemnify and hold harmless the Released Parties from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of Participant’s involvement in any of the Event activities or Participant’s use of the Property, whether caused by the negligence of Released Parties or otherwise. 6. No Duty to Supervise. Participant acknowledges and agrees that he or she is aware that the Released Parties have no duty to supervise the activities of any participant or spectator at the Event, or any other person within the Property. The Released Parties assume no responsibility or liability for the acts or omissions of any such persons. 7. Governing Law and Venue. This Release agreement will be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to the principles of conflicts of law of such state. Participant agrees that any action arising out of this Release must be brought exclusively in any state court located in Barnstable County, Massachusetts or federal court located in the Commonwealth of Massachusetts. 8. Waiver. No waiver of any term or right in this Release shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter. 9. Survival. Any provision of this Release providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable. 10. Compliance with Laws. In the performance of the terms of this Release, use of the Property and participation in the Event, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations. 11. Severability. If any provision or portion of this Release shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect. 12. Entire Agreement; Modification; Binding Effect. This Release is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties. I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, AND ENTER THIS AGREEMENT FREELY AND VOLUNTARILY.