Participant Waiver

1. Introduction and Parties

This Liability Waiver, Release, and Assumption of Risk Agreement ("Agreement") is entered into by and between Fresh Rec, LLC ("Fresh," "Company," "we," "us," or "our"), a Delaware limited liability company operating the Fresh platform and mobile application, and the undersigned participant, or the parent/legal guardian signing on behalf of a minor participant ("Participant," "you," or "your").

This Agreement extends to cover all officers, directors, employees, agents, contractors, and representatives of Fresh Rec, LLC; all independent guides, organizers, instructors, and facilitators ("Guides") who offer activities through the Fresh platform; all third-party service providers, including but not limited to transportation providers, equipment rental companies, venue operators, and property owners; and all affiliated entities, partners, sponsors, and successors (collectively, the "Released Parties").

Fresh Rec, LLC operates as a technology platform and marketplace that connects participants with independent Guides and organizers who facilitate outdoor activities and experiences. Fresh Rec, LLC may not directly operate, supervise, or control every activity offered through the platform.

2. Description of Activities and Transportation

The Fresh platform offers access to a wide variety of outdoor and recreational activities, including but not limited to:

Lower-Risk Activities: Guided walks and nature hikes, casual outdoor meetups and social gatherings, bird watching and nature photography outings, picnics and outdoor dining experiences, yoga and meditation in outdoor settings.

Higher-Risk Activities: Mountain biking and road cycling, trail running and cross-country running, swimming including open water swimming in oceans, lakes, and rivers, water sports including surfing, paddleboarding, kayaking, and rafting, snow sports including skiing, snowboarding, and snowshoeing, rock climbing and bouldering, camping and backcountry expeditions.

Some activities may include transportation services provided by Guides, Fresh Rec, LLC, or third-party providers. You understand and acknowledge that transportation to, from, and during activities carries inherent risks, including but not limited to vehicle accidents, mechanical failures, road hazards, weather conditions, and the conduct of other drivers or operators.

3. Assumption of Risk

I understand and acknowledge that participation in outdoor and recreational activities involves INHERENT RISKS THAT CANNOT BE ELIMINATED regardless of the care taken to avoid them. These risks include, but are not limited to:

• Physical injury, including bruises, cuts, sprains, fractures, dislocations, concussions, and traumatic brain injuries
• Serious bodily harm, including paralysis, loss of limb, permanent disability, and disfigurement
• DEATH
• Exposure to extreme weather conditions
• Encounters with wildlife, insects, and poisonous plants
• Uneven, slippery, or unstable terrain
• Equipment failure or malfunction
• Errors in judgment by Guides, instructors, or other participants
• Lack of immediate access to medical care or emergency services
• Risks associated with water activities, including drowning
• Risks associated with transportation, including vehicle accidents

I VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH MY PARTICIPATION IN ANY ACTIVITIES ACCESSED THROUGH THE FRESH PLATFORM, INCLUDING ALL RISKS OF SERIOUS INJURY, PERMANENT DISABILITY, AND DEATH.

4. Release and Waiver of Liability

TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW, I, on behalf of myself, my heirs, executors, administrators, assigns, and personal representatives, hereby:

RELEASE, WAIVE, AND FOREVER DISCHARGE the Released Parties from any and all claims, demands, actions, causes of action, suits, damages, losses, expenses (including attorneys' fees), and liabilities of any kind, whether known or unknown, that arise from or relate to my participation in any activities, transportation, or services accessed through the Fresh platform.

COVENANT NOT TO SUE the Released Parties for any claims arising from or related to my participation.

This release applies to claims arising from the ordinary negligence of the Released Parties, the condition of any premises, facilities, or equipment, the conduct, instructions, or supervision of Guides, and transportation services.

This release does NOT apply to claims arising from the gross negligence or willful misconduct of the Released Parties.

I expressly waive and relinquish all rights and benefits under California Civil Code Section 1542.

5. Indemnification and Defense

I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against any and all claims, demands, actions, causes of action, suits, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) that:

• Arise from or relate to my participation in any activities, transportation, or services accessed through the Fresh platform
• Arise from my breach of this Agreement
• Arise from my negligent or wrongful acts or omissions
• Are brought by or on behalf of any third party, including family members, heirs, or assigns

This indemnification obligation shall survive the termination of this Agreement and my participation in any activities.

6. Health, Fitness, and Medical Authorization

I represent and warrant that:

• I am in good physical and mental health and capable of safely participating in the activities I select
• I have no medical conditions, physical limitations, or disabilities that would prevent safe participation or that would require special accommodations not disclosed to the Guide
• I will disclose any relevant medical conditions, allergies, or limitations to the Guide before participating
• I will not participate while under the influence of alcohol, drugs, or any impairing substance

In the event of an injury, illness, or medical emergency, I authorize the Released Parties to obtain emergency medical treatment on my behalf, transport me to a medical facility, and share relevant medical information with emergency responders. I am responsible for all costs associated with any medical treatment.

7. Rules, Instructions, and Participant Responsibilities

I agree to:

• Follow all rules, instructions, and directions provided by Guides, instructors, and staff
• Use all equipment properly and in accordance with instructions
• Immediately notify the Guide or Fresh Rec, LLC of any unsafe conditions, equipment problems, or concerns
• Refrain from participating if I feel unwell, fatigued, or otherwise unable to safely participate
• Respect other participants, Guides, and the natural environment
• Comply with all applicable laws and regulations

I understand that failure to follow rules and instructions may result in my removal from an activity without refund and may increase the risk of injury.

8. Minor Participants

If the Participant is under 18 years of age ("Minor"), the parent or legal guardian signing this Agreement represents and warrants that:

• I am the parent or legal guardian of the Minor and have full legal authority to sign this Agreement on the Minor's behalf
• I have read and understand this entire Agreement
• I am signing this Agreement on behalf of myself AND the Minor
• I consent to the Minor's participation in activities accessed through the Fresh platform

I, as Parent/Guardian, VOLUNTARILY ASSUME ALL RISKS on behalf of the Minor, including all risks of serious injury, permanent disability, and death, to the maximum extent permitted by California law.

I understand that Fresh Rec, LLC expects a higher standard of screening and background checks for Guides who work with minors. However, this does NOT constitute a guarantee or warranty of the safety, fitness, qualifications, or character of any Guide. No background check process is perfect.

9. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles.

Any dispute, claim, or controversy arising from or relating to this Agreement or participation in activities shall be resolved exclusively in the state or federal courts located in California.

10. General Provisions

Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement: This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof.

Electronic Acceptance: My electronic acceptance of this Agreement (by clicking "I Agree" or similar action) constitutes my legal signature and is binding to the same extent as a handwritten signature.

Continuing Effect: This Agreement shall remain in effect for all activities I participate in through the Fresh platform unless and until I provide written notice of revocation.