I, the undersigned or the parent/guardian of the named participant, represent that I or participant, am (is) in good physical condition and fully able to participate in any and all physical activity at ROWSUP Fitness. I am fully aware of the risks and hazards connected with participation in any physical activity, including physical injury or even death, and hereby elect to voluntarily participate in said physical activity, knowing that any associated physical activity may be hazardous. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS, DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me or the participant, or loss or damage to property owned by me or the participant, as a result of participation in any physical activity at ROSWUP Fitness on water or land. I have been advised to consult with my physician if I have any questions about any physical condition or ability to participate in physical activity. I acknowledge that ROWSUP Fitness, its employees and agents, have made no other representations or assessments regarding my physical condition and risks associated by physical activity. I hereby RELEASE, WAIVE, DISCHARGE, and COVENANT NOT TO SUE, ROWSUP Fitness, its officers, servants, agents, and employees (“Releases”) from any and all liability, claims, demands, actions and causes of action, whatsoever arising out of or related to and loss, damage, or injury, including death, that may be sustained by me or the participant, or to any property belonging to me or the participant, while participating in physical activity, or while on or upon the premises occupied or owned by ROWSUP Fitness. I agree to inspect the equipment for defects prior to and during use. If a defect exists, I will not use the equipment and I will report its condition to a staff member of ROWSUP Fitness. I further agree that if any portion of this Participant Agreement, Release and Acknowledgement of Risk (“Agreement”) is found to be void or unenforceable, the remaining portions shall remain in full force and effect. ROWSUP Fitness, or anyone acting on its behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold ROWSUP Fitness/JORI RIETVELD harmless for all such fees and costs incurred. It is my expressed intent that this release and hold harmless agreement shall bind my spouse and the members of my family, if I am alive, and my heirs, assigns, and personal representatives, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, and COVENANT NOT TO SUE the above named Releases. I hereby further agree that this Agreement shall be construed in accordance with the laws of the State of Indiana and Illinois.

In signing this Agreement, I acknowledge and represent that I HAVE READ THE FOREGOING AGREEMENT, UNDERSTAND IT AND SIGN IT VOLUNTARILY as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreements have been made; and I EXECUTE THIS AGREEMENT FOR FULL, ADEQUATE AND COMPLETE CONSIDERATION FULLY INTENDING TO BE BOUND BY SAME. I HAVE BEEN ADVISED THAT I AM ENTITLED TO SEEK LEGAL OR MEDICAL ADVICE PRIOR TO EXECUTING THIS RELEASE; AND THAT MY EXECUTION HEREOF CONSTITUES MY FULL UNDERSTANDING OF THIS AGREEMENT.