Waivers, Rules & RElease of Liability

ASSUMPTION OF RISK, RELEASE OF LIABILITY & CODE OF CONDUCT

Onward Oceans – Cat Harbor, Santa Catalina Island

PLEASE READ CAREFULLY. THIS IS A RELEASE OF LEGAL RIGHTS.

This Assumption of Risk, Release of Liability, and Code of Conduct (“Agreement”) is entered into by the undersigned participant or visitor (“Participant”), on behalf of themselves and, if applicable, their minor child(ren), in favor of Onward Industries, Inc., a California nonprofit corporation (“Onward”).

1. Acknowledgment of Risk (General)

I understand that visiting, participating in activities at, or spending time at Onward Oceans in Cat Harbor, Santa Catalina Island involves inherent risks, including but not limited to:

• uneven terrain, docks, decks, trails, and natural surfaces

• exposure to ocean and waterfront environments

• weather conditions (sun, wind, heat, cold, rain)

• use of tools, equipment, vessels, kayaks, paddleboards, or other gear

• slips, trips, falls, cuts, scrapes, strains, or more serious injury

I acknowledge that these risks exist even when activities are conducted carefully and responsibly, and that serious injury, illness, permanent disability, or death may occur.

I voluntarily choose to visit and/or participate, fully assuming all risks, known and unknown, associated with my presence at Onward Oceans.

2. Old Building & Facility Condition Risks

I acknowledge and understand that Onward Oceans consists of older structures, rustic facilities, and working waterfront infrastructure that may contain hazards typical of aging buildings and marine environments.

These conditions may include, but are not limited to:

• loose, uneven, or shifting boards

• exposed or protruding nails, screws, or fasteners

• splintered, cracked, or damaged wood

• sharp edges, corners, or hardware

• weathered surfaces and structural irregularities

• areas under repair or not intended for unrestricted access

I understand that these conditions are inherent to the nature of the site and may not always be immediately visible.

I agree to:

• move cautiously throughout the space

• wear appropriate footwear (closed-toe shoes required)

• keep minors under close supervision at all times

• avoid restricted or clearly unsafe areas

I voluntarily assume all risks associated with the condition, age, and maintenance characteristics of the facilities, whether foreseeable or not.

3. Waterfront & Marine Environment Exposure

I acknowledge and understand that Onward Oceans is a waterfront and marine-based environment, and that additional risks exist due to proximity to the ocean and vessels. These risks include, but are not limited to:

• falling into the water from docks, decks, or vessels

• slippery or wet surfaces

• tides, currents, surge, waves, and changing water conditions

• marine life, including fish, invertebrates, and other organisms

• moving or moored boats, lines, rigging, anchors, and hardware

• drowning or near-drowning

I understand that the ocean is inherently unpredictable and that conditions may change rapidly without warning.

I acknowledge that I am responsible for:

• exercising caution near all waterfront areas

• supervising any minors in my care at all times near the water

• following all posted rules and verbal instructions related to waterfront safety

I voluntarily assume all risks associated with waterfront and marine exposure, whether occurring on land, on docks, or on or near vessels.

4. Assumption of Responsibility for Minors

If I am accompanying a minor child:

• I acknowledge that all minors are under the sole supervision and responsibility of their parent or legal guardian at all times.

• I agree that minors may not be left unattended anywhere on the property, docks, vessels, or surrounding areas.

• I accept full responsibility for the conduct, safety, and supervision of my child(ren).

5. Release and Waiver of Liability

To the fullest extent permitted by law, I hereby release, waive, discharge, and covenant not to sue:

• Onward Industries, Inc. (“Onward”)

• its officers, directors, employees, volunteers, contractors, and agents

• SV Lindy LLC

• The Santa Catalina Island Company

• and any affiliated landowners, vessel owners, managers, or partners

from any and all liability, claims, demands, actions, or causes of action arising out of or related to injury, illness, death, or property damage sustained by me or my minor child(ren), whether caused by negligence or otherwise, while on or around the Onward Oceans site, facilities, waterfront, docks, vessels, or surrounding areas.

6. Indemnification

I agree to defend, indemnify, and hold harmless the released parties listed above from any claims, damages, losses, liabilities, costs, or expenses (including attorneys’ fees) arising from:

• my actions or omissions

• the actions or omissions of any minor in my care

• my failure to follow posted rules, safety guidelines, or staff instructions

• my presence in or around waterfront, marine, or aging facility environments

7. Code of Conduct & Safety Rules

While at Onward Oceans, I agree to the following rules:

1. Closed-toe shoes are required at all times on decks, docks, and work areas.

2. No running on decks, docks, vessels, or elsewhere on site.

3. Minors must be supervised at all times; children are the responsibility of their parent or guardian.

4. I will treat all people with respect, including staff, volunteers, and other guests.

5. I will follow all posted signage and instructions from Onward volunteers or personnel.

6. I understand that I must leave the space when it is closed, and I may not remain on-site when no Onward volunteer or authorized personnel are present.

7. I understand that failure to follow these rules may result in being asked to leave immediately.

8. Medical Consent & Fitness

I represent that I am physically and mentally capable of participating in activities at Onward Oceans. I consent to receive emergency medical treatment if necessary and understand that I am responsible for any related costs.

9. Severability & Governing Law

If any portion of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

This Agreement shall be governed by and interpreted under the laws of the State of California.

10. Acknowledgment & Signature

I have read this Agreement carefully, understand its contents, and sign it voluntarily and knowingly. I understand that I am giving up legal rights, including the right to sue.