Waiver and Release of Liability - Living Sea Sculpture, LLC

In consideration of the risk of injury while participating in the Zoe Course (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Living Sea Sculpture, LLC, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this activity.

I recognize and accept that Living Sea Sculpture, LLC is not responsible to cover expenses that could emerge in the case of an accident, or in whatever other situation in the completion of Activity. I will be SCUBA trained by a certified Dive Instructor who operates independently from Living Sea Sculpture, LLC. I am aware of the inherent risks of diving and have made sure to inform myself and get the required certification from a licensed dive instructor before or during Activity.

I agree to indemnify and hold harmless Living Sea Sculpture, LLC against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Living Sea Sculpture, LLC incurs any of these types of expenses, I agree to reimburse Living Sea Sculpture, LLC.

I am voluntarily participating in the aforementioned Activity and I am participating in the activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel, or the condition of the activity location(s Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this activity, including travel to, from and during this activity.

I acknowledge that Living Sea Sculpture, LLC and their directors, officers, volunteers, representatives, and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Living Sea Sculpture, LLC.

I acknowledge that this activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.

I acknowledge that I have carefully read this "waiver and release" and fully understand that it is a release of liability. I expressly agree to release and discharge Living Sea Sculpture, LLC and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Living Sea Sculpture, LLC for personal injury or property damage.

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Living Sea Sculpture, LLC, its agents, and employees.

In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

In the event that any damage to equipment or facilities occurs as a result of my willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Between Participant and Living Sea Sculpture, LLC, agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

The parties agree that the validity, operation and performance of this Agreement, and all other claims related to the Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia (notwithstanding conflict of law rules), and the parties do expressly and irrevocably consent to the jurisdiction of courts of Fairfax or Arlington County, Virginia (the “Courts”), as the exclusive venue with respect to any matter or claim, suit, action or proceeding arising under or related to this Agreement.  To the fullest extent permitted by applicable law, the parties waive and agrees not to assert, as a defense or otherwise, (i) any claim that it is not subject to the jurisdiction (in persona or otherwise) of the Courts, (ii) any objection that it may now or hereafter have to the laying of venue in the Courts, or (iii) any claim that any action, suit or proceeding brought in the Courts is in an inconvenient forum.

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

In the event of an emergency, please contact the following person(s) in the order presented:

I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.