WAIVER AND RELEASE OF LIABILITY

In consideration of being permitted to participate in the 16th annual Feet for Flippers 5K on October 17, 2026 (the “Event”), a fundraiser for National Marine Life Center, Inc. (NMLC), a Massachusetts 501(c)(3) nonprofit corporation having a principal place of business at 120 Main Street Buzzards Bay, MA 02532, and as a condition for participation in the Event, I hereby agree to this Waiver and Release of Liability (the “Waiver”) as follows:

1. Release. I, the undersigned participant, for myself and on behalf of my heirs, executors, administrators, legal representatives, assignees, and successors in interest, do hereby acknowledge, agree, and represent that I have voluntarily chosen to participate in the Event and do hereby waive, release, discharge, hold harmless, and covenant not to sue the NMLC and its officers, directors, trustees, employees, contractors, service providers, agents, volunteers, sponsors, advertisers, and affiliates (collectively, the “Released Parties”) from any and all claims, demands, losses, damages, or causes of action (including attorneys’ fees and litigation costs) that I may have or that may accrue against the Released Parties arising out of, resulting from, or in any way related to my participation in the Event, including but not limited to injuries, damages, or losses caused by the negligence of the Released Parties. This release includes all injuries and/or damages suffered by me before, during or after the event. I recognize, intend, and understand that this release is binding on my heirs, executors, administrators, or assignees.

2. Assumption of Risk. I acknowledge that participating in the Event, including registration, bib pickup, pre-race staging, post-race awards and refreshments, and entry to the NMLC Discovery Center, is a potentially hazardous activity that involves inherent risks that cannot be eliminated regardless of the care taken to avoid them. I expressly assume all risks associated with participation in the Event, including but not limited to: falls, collisions, or contact with other participants, spectators, or vehicles; the effects of weather, conditions including heat, cold, humidity, rain, wind, and sun exposure; hazards associated with running on paved surfaces including uneven pavement, potholes, curbs, grass, and debris; hazards associated with proximity to bodies of water including wet or slippery surfaces, limited visibility, and water-related emergencies; course conditions and obstacles; equipment failure; inadequate first aid and/or emergency response; the negligence of other participants or third parties; and my own physical condition. I understand and acknowledge that the foregoing risks may result in serious injury, illness, permanent disability, or death, and I voluntarily assume full responsibility for any and all such risks. I agree to abide by all rules of the Event and all decisions of any race official, including any decision to remove me from the Event if officials determine I am unable to continue safely. I certify that I am physically fit, have sufficiently trained for participation in the Event, and have not been advised by a medical professional to refrain from participating in this type of activity.

3. Indemnification. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) incurred by the Released Parties arising out of or related to: (a) my participation in the Event; (b) any breach of this Agreement by me; or (c) any act or omission by me that results in injury or damage to any person or property.

4. Medical Authorization and Release. In the event of illness, injury, or medical emergency arising during the Event, I authorize the Released Parties to secure emergency medical treatment, transportation, and care on my behalf from any licensed medical provider, hospital, or emergency medical service. I agree that I am solely responsible for all costs and expenses associated with such medical treatment, transportation, and care, and I release the Released Parties from any liability arising from the provision of or failure to provide such medical treatment.

5. Media Release. I grant the Released Parties the irrevocable, royalty-free, perpetual, and worldwide right and license to use, reproduce, publish, and distribute my name, likeness, image, voice, statements, and biographical information in any and all media now known or hereafter developed, for any legitimate purpose, including but not limited to advertising, promotion, and fundraising, without compensation or further authorization.

6. Event Policies. All entry fees are non-refundable and non-transferable. Bib numbers may not be transferred to another person. The Released Parties reserve the right to postpone, modify, or cancel the Event due to circumstances beyond their reasonable control, including but not limited to weather conditions, natural disaster, public health emergency, or safety concerns. No refunds will be issued under such circumstances. The Released Parties reserve the right to modify Event details, including the date, time, location, and course, without prior notice.

7. Parental Consent and Indemnification (For Participants Under 18). If the participant is under 18 years of age, I, as the parent or legal guardian of the minor participant, hereby consent to the minor’s participation in the Event and agree to all terms and conditions of this Agreement on behalf of the minor. I further agree to indemnify, defend, and hold harmless the Released Parties from any and all claims brought by or on behalf of the minor participant, and I assume all risks of the minor’s participation as described herein.

8. General. If any provision of this Waiver is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. This Waiver shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. This Waiver constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, or representations. By signing below or submitting my registration electronically, I acknowledge that I have read this Waiver in its entirety, understand its terms, and agree to be bound by its provisions. I understand that I am giving up substantial legal rights, including my right to sue, and I execute this Waiver voluntarily and without inducement.