RELEASE OF LIABILITY

I, the individual named below (referred to as “ I ” or “Me”) desire to participate in a chartered sailing trip and associated activities (the “Activities” or “Activity’) hosted and put on by The Mashup LLC dba Rhythm & Sails (“The Mashup”) and supported by various independent contractors (each a “Contractor”) (The Mashup and Contractors collectively “The Event Sponsors”). As lawful consideration to being permitted by The Mashup to participate in the Activities in recognition of the Event Sponsor’s reliance hereon, I agree to all the terms set forth in this instrument (the “Release”).

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE MASHUP, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE MASHUP. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE MASHUP OR OTHERWISE.

I hereby expressly waive and release any and all claims, now known or hereafter known on behalf of myself and any minor children with me, against The Event Sponsors, and their respective officers, directors, managers, employees, agents, volunteers, other representatives, affiliates, successors, and assigns (collectively, “Releasees”), on account of copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness) injury, disability, death, or property damage arising out of or attributable to my participation in the Activities and the Materials, whether arising out of the ordinary negligence of The Mashup or any Releasees or otherwise. I covenant not to make or bring any such claim against The Mashup or any other Releasee, and forever release and discharge The Mashup and all other Releases from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Colorado law does not permit to be released by agreement.

I will defend, indemnify, and hold harmless The Mashup and all other Releases against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by The Mashup or any other Releases arising out or resulting from any claim of a third party related to my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of The Mashup.

I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless The Mashup and other Releases from any claim based on such treatment or other medical services.

I hereby irrevocably permit, authorize, grant, and license The Mashup and its licensees, advertising agencies, and promotion agencies, and each of their respective employees, officers, directors, and agents, the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use, my name, image, video, film, likeness, appearance, voice, and other personal characteristics to the extent created by or on behalf of The Mashup that incorporate any of the foregoing (“ Materials ”) in connection with the Activity, in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including but not limited to electronic media and other advertising and promotional materials, press releases, the internet and other digital transmission or delivery methods, mobile applications, on any platform and for any purpose, including but not limited to advertising, public relations, publicity, packaging, and promotion of The Mashup and its businesses, products, and services, without further consent from or royalty, payment, or other compensation to me. I agree that The Mashup will be the exclusive owner of all rights, including copyright, in the Materials and I irrevocably transfer, assign, and otherwise convey to The Mashup my entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, priority, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. I acknowledge and agree that I have no right to review or approve Materials before they are used by The Mashup, and that The Mashup has no liability to me for

any editing or alteration of the Materials or for any distortion or other effects resulting from The Mashup’s editing, alteration, or use of the Materials, or The Mashup’s presentation of me. Any credit or other acknowledgment of me, if any, will be determined by The Mashup in its sole discretion. The Mashup has no obligation to create or use the Materials or to exercise any rights given by this Agreement.

This Release constitutes the sole and entire agreement of The Mashup and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and will insure to the benefit of The Mashup, Releasees and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of Colorado without giving effect to any choice or conflict of law provision or rule (whether of Colorado or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Denver, Colorado and I hereby consent to the exclusive jurisdiction of such courts.