ATLANTIC PARK SURF 

VOLUNTARY ACKNOWLEDGMENT AND ASSUMPTION OF RISK AGREEMENT 

THIS VOLUNTARY ACKNOWLEDGEMENT AND ASSUMPTION OF RISK AGREEMENT (“Agreement”) affects your legal rights, including your right to sue. By signing below, you acknowledge that you have read and understand the disclosures of risks, voluntarily accept and assume those risks, and agree to be bound by all terms of this Agreement. 

In consideration of authorized entry onto the property located at 365 18th Street, Suite 103 Virginia Beach, VA 23451 (the “Property”), operating as Atlantic Park Surf (“Atlantic Park Surf”), and/or authorization to engage in and participate in the permitted activities on the Property, including, but not limited to, swimming, surfing, body surfing, boogie boarding, adaptive surfing, stand up paddle boarding, yoga, water yoga, surf foiling, using bikes (manual or electric), onewheels, skateboarding, inline skating, roller-skating, sliding, floating, tubing, submerging, walking, running, crawling, riding in any moving vehicle, participating in trampoline activities, eating, drinking, and/or spectating (the “Activities”), the undersigned participant, and if the participant is a minor under the age of eighteen (18), the participant’s parent(s) or legal guardian(s) (collectively “Participant”), to the fullest extent permitted by law, does hereby agree, as follows: 

ACKNOWLEDGEMENT AND ASSUMPTION OF ALL RISKS: Participant understands and acknowledges that the Activities in which it may voluntarily engage bear certain known risks and unanticipated risks that could result in harm, injury, physical or mental, temporary or permanent disability, paralysis, illness, death, damages, liabilities, expenses, and/or causes of action to person or property or to others or their property. Participant fully understands and acknowledges the risks, which include, but in no way are limited to: (1) the acts, omissions, negligence in any degree of Released (hereinafter defined) Parties, or their agents or employees; (2) the risks inherent in the Activities, including but not limited to, any injuries such as (a) broken and fractured bones, (b) dislocations, (c) torn ligaments and tendons, (d) sprains and strains, (e) traumatic brain injuries, concussion, injuries to the head, scalp, eyes, ears, spine/spinal cord, body, and/or limbs, (f) torn nails, (g) bumps and bruises, (h) drowning, and/or (i) contracting waterborne or airborne injuries/illnesses (such as those caused by microbes, pathogens, viruses, or any other substance), while participating in the Activities; (3) latent or apparent defects or conditions of the Activities or the Property; (4) improper or inadequate instruction or supervision regarding the Activities or use of the Property; (5) the behavior of coparticipants and spectators; (6) accidents or incidents on the Property, including, but not limited to, accidents or incidents in wet areas, such as pool decks, tiled, concrete, or other wet surfaces; (7) weather or acts of God, including, but not limited to, lightning, wind, thunderstorms, and other circumstances beyond the control of the Released Parties; and/or (8) first aid, emergency treatment or services rendered or failed to be rendered by Released Parties, or their agents or employees, even those caused by the negligent acts or omissions of the Released Parties or third parties.  

Participant understands and acknowledges that the above list is not complete or exhaustive, and that other risks, known or unknown, identified or unidentified, anticipated or unanticipated, may also result in injury, death, illness, disease, or damage to person or to property. PARTICIPANT VOLUNTARILY AND FREELY ASSUMES ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO ENTRY ONTO THE PROPERTY AND PARTICIPATION IN ACTIVITIES ON THE PROPERTY, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE RELEASED PARTIES. THIS PROVISION CONSTITUTES AN EXPRESS ASSUMPTION OF RISK.  

Participant acknowledges, represents, and warrants that it is in good physical and mental health, and does not suffer from any condition, disease, or disablement that would or could potentially negatively affect participation in the Activities or use of the Property. Participant acknowledges that it should not participate in any Activities if it has a pre-existing heart, spine, head, neck, muscle, joint issues or any other medical condition that could be detrimental when combined with the Activities. Pregnant women should not participate because of the risk of falling and abdominal trauma. Further, Participant acknowledges that it is not purchasing or leasing the Property, facility and/or any attraction, but rather, is being afforded a nonexclusive and revocable right to enter onto the Property, facility, and/or participate in the Activities.  

RELEASE FROM LIABILITY: Participant, on behalf of itself, its heirs, assigns, personal representatives, and estate, fully and forever discharges and releases Atlantic Park Surf, BEACH STREET OPS, LLC, BSO GLOBAL LLC, BEACH STREET HOLDINGS LLC, P3 VB HOLDINGS LLC, VENTURE WAVES SURF, LLC and/or any event sponsors or community/business partners, and each of its/their respective affiliates, owners, employees, managers, members, agents, volunteers, lessors, parent companies, subsidiaries, insurers, and related companies, past and present, as well as each of their partners, trustees, directors, officers, intellectual property holders, contractors, subcontractors, material suppliers, fabricators, agents, attorneys, servants, and employees, past and present, and successors-in-interest (collectively, the “Released Parties”) from any and all claims Participant may have or hereinafter have for any harm, injury, physical or mental, temporary or permanent disability, paralysis, illness, death, damages, liabilities, expenses, and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable, relating to, or arising out of the Participant’s entry on the Property, participation in the Activities, or any alleged defective condition of the Property or equipment thereon (whether provided by Released Parties or otherwise), whether caused by the negligence of the Released Parties or by any other reason. Participant acknowledges and agrees that this Agreement is intended to be, and is, a complete release, to the fullest extent permitted by law, of any responsibility of the Released Parties in regard to the foregoing. This provision shall survive indefinitely.  

INDEMNITY: Participant agrees and covenants to indemnify, defend, and hold harmless the Released Parties from all loss, costs, and expenses, including reasonable attorneys’ fees, or any other fees, expenses, and costs, incurred in connection with claims against Released Parties and that are related to, arise out of, or are in any way connected with its participation in the Activities or use of the Property. Such indemnity and defense obligation shall further extend to any claim, loss, cause of action, or lawsuit that alleges that Participant negligently, grossly negligently, or intentionally caused any injury, death, or damage to spectators, other participants, or other third parties in the course of its participation in the Activities. This obligation to defend and indemnify shall survive indefinitely and is not limited to a specific dollar amount. 

COVENANT NOT TO SUE. Participant agrees, for itself, its heirs, assigns, personal representatives, and estate, not to sue or file any claim or cause of action against 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, its heirs, assigns, personal representatives, and estate may have as a result of any personal injury, death, or property damage Participant may sustain while on the Property or while participating in the Activities. This provision shall survive indefinitely. 

MEDICAL TREATMENT RELEASE. Participant hereby consents to any medical treatment that may be given to it on the Property in the event any medical treatment is required as a result of Participant’s entry onto the Property and/or participation in the Activities. Participant accepts full responsibility for all costs related to such medical treatment, including any transportation costs, and releases the Released Parties from any type of liability that may arise during treatment or medical transport, as applicable.  

RELEASE OF ALL RIGHTS RELATED TO MY AUDIO AND PHOTOGRAPHIC IMAGE: Participant hereby releases all rights related to its audio and photographic image that may arise out of its participation in the Activities or use of the Property. Participant understands that this release includes any and all marketing, promotion, or advertising, which may occur anywhere and anytime on any media platform or method as later used by Released Parties. Further, Participant hereby grants full permission for Released Parties, to record any or all of its participation in the Activities for photos, motion pictures, TV, radio, Internet, recordings, videotapes, and other media, known or unknown, and to use them in perpetuity, no matter by whom taken or recorded, in any manner for publicity, promotions, advertising, trade, or commercial purposes, without any reimbursement of any kind due to Participant, or the need to pay any fee or compensation whatsoever. For the avoidance of doubt, this provision in no way authorizes video or photography of patrons in any private space, such as locker rooms or bathrooms.  
 
Participants are strictly prohibited from utilizing the Property for any commercial photo, video, or production purposes without prior written consent from the Atlantic Park Surf. This includes, but is not limited to, the capture of images, recordings, or any other media intended for commercial use, distribution, or promotion. Any unauthorized use may result in immediate removal from the premises, legal action, and/or financial penalties. To request permission, please contact the Atlantic Park Surf management team in advance. 

AGREEMENT TO NOTIFY: Participant hereby agree to immediately notify Released Parties and/or Atlantic Park Surf management if, while on the Property or participating in the Activities, the Participant observes any condition or hazard on the Property, which it believes jeopardizes the personal safety of Participant or that of others. Participant further agrees to immediately report all injuries directly to the Atlantic Park Surf management team so all relevant documentation can be completed and maintained for future reference. 

COMPLIANCE WITH ALL RULES: Participant understands all posted rules, including the rules and regulations contained herein, and agrees to follow all such rules and all other written instructions and verbal commands provided by Released Parties while on the Property and/or participating in the Activities. Participant acknowledges and agrees, it may be asked to leave the Property or abstain from participating in the Activities if Participant does not abide by such rules, instructions, or commands, and that no refunds will be provided in such instance.  

Participant further agrees to exercise its own good judgment for the health and safety of itself and others, and to use common sense while on the Property and/or participating in the Activities. Participant understands and acknowledges that there may or may not be lifeguards on duty at the Property. Participant further acknowledges it must be capable of swimming and self-rescue, and that participation in the Activities is undertaken at its own risk.  

RULES AND REGULATIONS: In addition to the provisions contained in Section 8 above, all Participants must follow the following rules and regulations while on the Property and/or participating in the Activities: 

Participant may not participate in the Activities unless they have executed this Agreement. 

Participant will not be permitted to enter or remain on the Property without appropriate protective and safety gear for participation in the Activities, to be determined in the sole and absolute discretion of Atlantic Park Surf.  

Participant must engage in the Activities in a safe manner at all times and avoid collisions with other persons. 

Participant must engage in the Activities in the correct designated areas only. 

Participant must obey all safety instructions from the Atlantic Park Surf staff at all times. 

Fighting or other aggressive or disruptive behavior is not tolerated and may lead to ejection from the Property. 

Participant may not bring food and drinks onto the Property. No glass bottles, plates, cups, bowls, etc. are permitted on the Property. 

Alcohol and/or illegal drugs shall not be brought onto the Property nor shall they be consumed prior to or during participation in any Activities. 

No profanity or vulgar language is permitted on the Property or during participation in the Activities.  

No weapons or firearms are permitted on the Property.  

Animals, other than registered Service Animals, are not permitted on the Property.  

No contests or competitions of any kind are permitted on the Property, unless organized and run by Atlantic Park Surf or other authorized persons. 

Participants must safeguard all valuables and possessions at all times. Atlantic Park Surf is not responsible for lost and/or stolen items. 

Parking upon the Property, as applicable, is for the convenience of participants only. Cars should be locked at all times. Atlantic Park Surf is not responsible for any damage to any vehicle or for lost and/or stolen items. 

Participant understands and acknowledges that Atlantic Park Surf reserves the right to modify the foregoing rules and may post additional rules that Participant shall comply with while on the Property. Violations of all rules, whether herein or posted on the Property, may result in removal from the Property and cancellation of all tickets, passes, and memberships without refund. Notwithstanding the foregoing, Atlantic Park Surf reserves the right to terminate any membership or pass at any time and to remove any Participant from the Property at any time for any reason. 

VENUE; GOVERNING LAW; WAIVER OF JURY TRIAL: Participant agrees that state courts located in the City of Virginia Beach, Virginia, shall be the exclusive courts of jurisdiction and venue for any and all disputes or claims arising out of or related to this Agreement, entry onto the Property, and or participation in the Activities, including determination of the scope of applicability of this Agreement.  This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflicts of law provisions.  

PARTICIPANT HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM, OR COUNTERCLAIM BASED HEREON OR RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.  

ENTIRE AGREEMENT AND SEVERABILITY: This Agreement is the entire Agreement between the undersigned Participant and the Released Parties with respect to the subject matter hereof and supersedes any prior agreement or communications. This Agreement shall not be modified or changed in any way by the representations or statements of Released Parties, any employee or agent of Released Parties, or by the undersigned Participant. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.   

BINDING EFFECT: This Agreement shall be effective and binding upon Participant, its heirs, assigns, personal representatives, and estate.  

PARTICIPANT HEREBY ACKNOWLEDGES THAT IT HAS FULLY READ AND UNDERSTANDS EACH OF THE PROVISIONS CONTAINED HEREIN AND THAT IT UNDERSTANDS IT IS GIVING UP SIGNIFICANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PARTICIPANT ACKNOWLEDGES THAT PRIOR TO SIGNING THIS AGREEMENT IT HAD THE REASONABLE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. PARTICIPANT IS AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND PARTICIPANT EXECUTES THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY AND LEGALLY BOUND.