3 Board Girls LLC

Participant’s Name _________________________________________

Street Address ____________________________________________

City ____________________________ State ____ ZIP _________ Phone _________________

Add to E-Mail List: _____________________________________________________________

This document affects your legal rights.

You must read and thoroughly understand it before you sign it.

STATEMENT OF RISKS: There are significant elements of risk in any adventure, sport, or activity associated with watersports, paddle sports, the outdoors, the presence or use of motorized watercraft, and activities incidental thereto (referred to herein as “the Activity”). Although we have taken reasonable steps to provide you with appropriate equipment, the Activity is not without risk. Certain risks cannot be eliminated without destroying the unique character of the Activity. The same elements that contribute to the unique character of the Activity can be causes of loss or damage to equipment, cause accidental injury, illness, or in extreme cases, permanent trauma or death. We do not want to frighten you or reduce your enthusiasm for the Activity. We do think it is important for you to know in advance what to expect and to be informed of the inherent risks.

ACKNOWLEDGEMENT OF RISKS: I acknowledge that the following describes some, but not all, of the risks of participating in the Activity: 1) Changing water flow, currents, wave action, shallow water, submerged hazards, and boat wakes; 2) Collision with any of the following: other participants, the interior or exterior of the watercraft/board in which I am riding, other watercraft, and man-made or natural objects; 3) Inclement weather, lightning, sudden shifts or extremes in wind, weather, and water temperature; 4) Collision or capsizing, or other hazards resulting in wetness, injury, exposure to the elements, hypothermia, or drowning; 5) Getting on, off, in, or out of the watercraft/board; 6) Equipment failure or operator error; 7) Heat- or sun-related injuries or illnesses, including sunburn, heat exhaustion, sunstroke, or dehydration; 8) Fatigue, chill, and dizziness, which may diminish my reaction time and increase the risk of an accident; 9) Wildlife interactions, including aquatic plants, insects, or animals.

I am aware that the Activity entails risks of injury or death. I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death as a result of participation in the Activity.

EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: I hereby knowingly, voluntarily, and freely assume all such risks, both known and unknown, including full responsibility for and risk of bodily injury, death, or property damage as a result of my participation in the Activity and/or my use of the rented equipment, even if the injury, death, or property damage is caused, in whole or in part, by the negligence of 3 Board Girls LLC, Duke Energy Progress, LLC, Wake County, Wake County Parks, Recreation and Open Space, and any or all of their owners, officers, members, managers, agents, subsidiaries, affiliates, operators, committees, boards, and employees (hereinafter collectively referred to as “the Releasees”).

I verify that I am physically fit and sufficiently qualified, trained, and capable to participate in the Activity. I assume full responsibility, for myself and any minor children for whom I am responsible, for any bodily injury, accident, illness, death, loss of personal property, and expenses related thereto as a result of any accident which may occur while I participate in the Activity. I assume the risks of personal injury, accidents, and/or illness, including but not limited to sprains, torn muscles and/or ligaments, fractured or broken bones, eye damage, cuts, wounds, scrapes, abrasions, contusions, dehydration, drowning, oxygen shortage (anoxia), exposure, head, neck, and spinal injuries, bite or attack by an animal or insect, allergic reaction, shock, paralysis, or death.

I agree to refrain from using alcohol, drugs, or any intoxicating substances prior to and during my participation in the Activity. I agree to wear a U.S. Coast Guard–approved Personal Flotation Device (PFD or life jacket) and carry a sound-producing device (whistle) at all times while participating in the Activity, in accordance with North Carolina law and park rules. I agree that the rented craft/equipment will not be removed from Sharon Harris Lake (Shearon Harris Reservoir) and will remain within designated operating areas.

If I observe any unusual significant hazard during my presence or participation in the activity, I will remove myself from participation and bring such to the attention of the nearest staff member immediately.

I have fully read and understand the rules and guidelines sections____________ (initial) I will abide to all rules and guidelines____________ (initials)

RELEASE & WAIVER OF LIABILITY: I, the undersigned, for myself, my heirs, personal representatives, assigns, and next of kin, in consideration of being allowed to participate and/or the rental of equipment to me, do fully and forever release, waive, discharge, hold harmless, and covenant not to sue the Releasees from all liability to the undersigned, my personal representatives, assigns, heirs, and next of kin for death, personal injury, or property damage and from any and all claims, demands, suits, loss, and causes of action asserting or on account of death, personal injury, or property damage suffered or sustained by me or any person or property as a result of or arising out of my participation in the Activity, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by North Carolina law.

I agree that any and all disputes between myself and the Releasees arising from my participation in the Activity and/or use of this equipment, including any claims for personal injury and/or death, will be governed by the laws of the State of North Carolina without regard to its conflict of law principles. Exclusive jurisdiction and venue for any legal action shall lie solely in the state courts residing in Wake County, North Carolina.

I, the undersigned, acknowledge that I have read this release of liability and assumption of risk agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement. I agree that no oral statements or representations, apart from the written terms of this agreement, have been made. I will be responsible for the full replacement cost of any equipment I have rented from 3 Board Girls LLC and agree to pay for damages to or replace such equipment in the event of any damages other than reasonable wear and tear.

Participant’s Signature ______________________________________ Age _____ Today’s Date _________

FOR PARENTS/GUARDIANS OF PARTICIPANT(S) OF MINOR AGE (UNDER AGE 18):

This is to certify that I, the undersigned, as parent/guardian with legal responsibility for the minor participant(s) named below, do consent and agree to their release, as provided above, of the Releasees. To the fullest extent permitted under North Carolina law, I, for myself, my heirs, representatives, assigns, and next of kin, do release and agree to indemnify, defend, and hold harmless the Releasees from any and all liability, claims, or demands resulting from or arising out of my minor child’s participation in the Activity, whether arising from the negligence of the Releasees or otherwise.

Minor Participant’s Name ___________________________________________________________ Age _____

Parent/Guardian Signature ________________________________________________ Today’s Date ________