Waiver

Adult Swimming Breath Holding and Freediving Waiver and Release of Liability

SUNKEN LLC 58-045 Kapuai Pl., Haleiwa, HI 96712 PLEASE READ CAREFULLY BEFORE SIGNING — THIS IS A LEGAL RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT.

1. Activities Covered

This agreement applies to all swimming, snorkeling, breath-holding, breathwork, and freediving instruction, training, or participation (collectively, the “Activity”) conducted by Sunken LLC, including in pools, open water, boats, or land-based environments. This includes but is not limited to: • Static and dynamic breath-hold exercises, • Dry or wet breathwork training, • Confined or open water (ocean) sessions, and • Any activity involving voluntary apnea or restricted breathing.

2. Acknowledgment of Inherent Risks

I, the undersigned participant (“Participant”), acknowledge that participation in the Activity involves serious inherent and unavoidable risks, including but not limited to: • Drowning, blackout, including shallow-water blackout (loss of consciousness), hypoxia, hypercapnia, barotrauma, decompression-related injury, cardiac arrest, or other physiological complications; • Injury or illness caused by marine life, ocean or pool conditions, watercraft, or by other participants; • Ocean and marine hazards, including strong or unpredictable currents, tides, waves, and surge; cold water and limited visibility; encounters with marine life, including stings or bites; boat and other watercraft traffic; sudden or changing weather and sea conditions; and remoteness from, or delay in access to, emergency medical care; • Psychological stress, panic, or disorientation during breath-holding or diving; • Slips, falls, or accidents on decks, docks, pools, or boats; • Equipment failure or misuse; • Property damage, serious injury, permanent disability, or death. I understand that these risks cannot be fully eliminated without compromising the essential nature of the Activity. HAVING READ AND UNDERSTOOD THE FOREGOING RISKS, I EXPRESSLY, KNOWINGLY, AND VOLUNTARILY ASSUME ALL SUCH RISKS, WHETHER KNOWN OR UNKNOWN, ARISING FROM MY PARTICIPATION IN THE ACTIVITY.

3. Release and Waiver

In consideration of being permitted to participate, I, on behalf of myself, my heirs, executors, and assigns, hereby fully and forever release, discharge, and hold harmless: Sunken LLC, its owners, members, managers, employees, agents, instructors, assistants, volunteers, independent contractors, boat owners, the owners of the pool and residence located at 58-045 Kapuai Pl, or the owners of other pools, boats, facilities used by Sunken LLC, and any other persons or entities acting in any capacity on behalf of or in connection with Sunken LLC (collectively, the “Releasees”), from any and all claims, demands, damages, or causes of action whatsoever arising from or related to any loss, injury, or death sustained by me, whether caused by the ORDINARY NEGLIGENCE of the Releasees or otherwise, TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, THIS RELEASE AND WAIVER APPLIES ONLY TO CLAIMS ARISING FROM ORDINARY NEGLIGENCE AND DOES NOT RELEASE, WAIVE, OR LIMIT ANY CLAIM FOR GROSS NEGLIGENCE OR FOR WILLFUL, WANTON, RECKLESS, OR INTENTIONAL MISCONDUCT, WHICH CLAIMS ARE EXPRESSLY EXCLUDED FROM THIS RELEASE, AS SUCH CONDUCT MAY NOT BE RELEASED UNDER HAWAII LAW.

4. Assumption of Risk

I EXPRESSLY, VOLUNTARILY, AND KNOWINGLY ASSUME ALL RISKS of participation in this Activity, both known and unknown, whether or not described in this agreement, including those arising from the inherent risks of the Activity, the ordinary negligence of the Releasees, dangerous conditions, and the acts or omissions of others. I am participating with full knowledge and appreciation of these risks, and I accept them freely and of my own choosing. I accept full responsibility for my participation and for my own safety during all breath-holding or freediving activities.

5. Indemnification

I agree to indemnify, defend, and hold harmless the Releasees from any and all claims, suits, actions, damages, costs, expenses, or liabilities (including attorney’s fees) arising out of or related to my participation in the Activity or any acts or omissions by me, including where such claims allege the ordinary negligence of the Releasees, to the fullest extent permitted by law. Notwithstanding the foregoing, this indemnification and defense obligation shall not apply to, and the Participant shall have no obligation to indemnify, defend, or hold harmless any Releasee against, any claims, suits, damages, costs, expenses, or liabilities to the extent arising from the gross negligence or the willful, wanton, reckless, or intentional misconduct of any Releasee.

6. Medical Treatment

In the event of a medical emergency, I authorize Sunken LLC and its representatives to obtain any medical treatment deemed necessary, including first aid, CPR, or emergency transport to the nearest medical facility. I agree to be financially responsible for any costs incurred and further understand that I am responsible for maintaining personal health insurance coverage.

7. Fitness to Participate

I affirm that I am in good physical and mental condition and am not under the influence of any medication, alcohol, or substances that could impair my judgment or ability to safely participate. I acknowledge that it is my responsibility to ensure I am medically fit to participate in freediving activities. I confirm that I have disclosed to the instructor any medical, physical, or psychological conditions that could affect my ability to safely participate, and that, where written physician clearance to participate is required, I have obtained such clearance and provided it to Sunken LLC [specify whether written physician clearance is a condition of participation in the Activity]. I understand that failure to disclose medical information increases risk and releases the instructor/company from liability arising from undisclosed conditions. I agree to immediately inform my instructor of any discomfort, illness, or changes in my condition before or during participation.

8. Media Release

I grant Sunken LLC the perpetual, irrevocable, royalty-free right and permission to use my name, likeness, voice, image, and any photographs, videos, or recordings (“Media”) captured during the Activity for any lawful purpose, including advertising, promotion, education, or training, in any medium now known or later developed, without further notice, review, approval, or compensation. I waive any right to inspect or approve the Media and release Sunken LLC from any claims arising from its lawful use.

9. Equipment and Property

I agree to be responsible for any damage to equipment, vessels, or facilities caused by my negligent, reckless, or intentional conduct. I acknowledge that I have been briefed on the proper use of any equipment provided and on applicable safety procedures. I understand that use of any equipment provided by Sunken LLC is at my own risk, and that no particular result, performance, or safety outcome is guaranteed.

10. Governing Law and Severability

This Release shall be governed by and construed under the laws of the State of Hawaii, without regard to its conflict-of-laws principles. Participant agrees that any action or proceeding arising out of or relating to this Release, the Activity, or the parties' relationship shall be brought exclusively in the state or federal courts located in [County], Hawaii, and Participant consents to the personal jurisdiction and venue of such courts. If any provision of this agreement, or any portion of the release, waiver, assumption of risk, or indemnity provisions, is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be reformed, limited, and enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect. Nothing in this Release shall be construed to release, waive, or limit any claim that may not lawfully be released or waived under Hawaii law, including any claim arising from gross negligence or willful, wanton, or intentional misconduct.

11. Entire Agreement

This document constitutes the entire agreement between the parties and supersedes any prior oral or written representations. It is entered into voluntarily, without duress or coercion, and shall be interpreted according to its plain language and purpose.

12. No Guarantee of Safety; Insurance

Participant acknowledges and agrees that Sunken LLC does not guarantee the safety of any Participant and makes no representation or warranty that the Activity is safe. Participant is solely responsible for obtaining and maintaining Participant's own health, accident, medical, and any other insurance coverage that Participant deems appropriate for participation in the Activity, and Sunken LLC is not responsible for providing any such coverage. BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENTS, THAT I AM VOLUNTARILY AND KNOWINGLY GIVING UP SUBSTANTIAL LEGAL RIGHTS — INCLUDING THE RIGHT TO SUE SUNKEN LLC AND THE RELEASEES FOR THEIR ORDINARY NEGLIGENCE — THAT NO ORAL REPRESENTATIONS OR INDUCEMENTS HAVE BEEN MADE TO ME, AND THAT I SIGN THIS AGREEMENT FREELY AND OF MY OWN FREE WILL, INTENDING IT TO BE BINDING ON ME, MY HEIRS, EXECUTORS, AND ASSIGNS TO THE FULLEST EXTENT PERMITTED BY LAW. Digital signature accepted. Typing your name constitutes a legal signature.

Minor Swimming and Freediving Waiver and Parental Consent

SUNKEN LLC 58-045 Kapuai Pl., Haleiwa, HI 96712 WAIVER AND RELEASE OF LIABILITY FOR MINORS (UNDER 18 YEARS OLD) PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LEGAL RIGHTS AND AN ASSUMPTION OF RISK AGREEMENT THAT WILL AFFECT YOUR AND YOUR CHILD'S LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE. THIS AGREEMENT MUST BE SIGNED BY THE PARTICIPANT'S PARENT OR LEGAL GUARDIAN BEFORE ANY MINOR IS PERMITTED TO PARTICIPATE.

1. Activities Covered

This agreement applies to all participation in swimming, snorkeling, breath-hold diving, and freediving training, instruction, and related water activities (collectively referred to as the “Activity”) conducted by Sunken LLC, including but not limited to confined-water sessions, ocean sessions, any land-based breathwork or educational components, and any travel or transportation by vehicle, vessel, or otherwise to, from, and between pool, confined-water, ocean, or dive sites arranged, provided, or coordinated by Sunken LLC, and any other water-based or diving-related instruction or activity provided by Sunken LLC.

2. Acknowledgment of Inherent Risks

I, the undersigned parent or legal guardian (“Parent/Guardian”), acknowledge that the Activity involves serious inherent and unavoidable risks, including but not limited to: Drowning, near-drowning, shallow-water blackout, hypoxia, oxygen deprivation, loss of consciousness underwater, barotrauma, lung overexpansion or ear and sinus squeeze injuries, cardiac arrest or other cardiac events, and other diving- or breath-hold-related injuries; Injury or illness from marine life, ocean or pool conditions, equipment malfunction, or contact with other participants; Psychological stress, anxiety, or panic during swimming or breath-hold exercises; Slips, falls, or accidents on pool decks, docks, or boats; Property damage, permanent disability, or death; Risks arising from the conduct, skill level, or errors of other participants or third parties in the water; Changing or adverse weather, water temperature, currents, rip currents, waves, surf, tides, surge, or visibility conditions; and, Delayed emergency response due to remote location or water-based activity environment. Marine life encounters, including stings, bites, envenomation, or allergic reactions from jellyfish, sharks, eels, coral, sea urchins, or other aquatic organisms; Marine life encounters, including stings, bites, envenomation, or allergic reactions from jellyfish, sharks, eels, coral, sea urchins, or other aquatic organisms; Collision with or impact from vessels, boats, personal watercraft, propellers, docks, reef, rocks, or submerged or fixed objects; Marine life encounters, including stings, bites, envenomation, or allergic reactions from jellyfish, sharks, eels, coral, sea urchins, or other aquatic organisms; Collision with or impact from vessels, boats, personal watercraft, propellers, docks, reef, rocks, or submerged or fixed objects; Entrapment, entanglement, or snagging in lines, nets, kelp, or underwater structures, and inability to surface. I understand these risks cannot be completely eliminated without compromising the essential nature of the Activity.

3. Release of Liability

In consideration of my child being permitted to participate in the Activity, I, on behalf of myself, my child, and our respective heirs, executors, and assigns, hereby fully and forever release, waive, discharge, and hold harmless: Sunken LLC, its owners, members, managers, employees, agents, instructors, volunteers, independent contractors, the owners of the pool and residence located at 58-045 Kapuai Pl, or the owners of other pools, boats, or facilities used by Sunken LLC, and all other persons or entities acting in any capacity on behalf of Sunken LLC (collectively, the “Releasees”), from any and all liability, claims, demands, or causes of action whatsoever arising out of or related to any loss, damage, injury, or death that may be sustained by my child or myself, caused by the ordinary negligence of the Releasees, to the fullest extent permitted by Hawaii law. IMPORTANT — LIMITS ON THIS RELEASE: Notwithstanding anything to the contrary above, this release applies only to claims arising from the ordinary negligence of the Releasees. It does NOT release, waive, or limit any claim for gross negligence, recklessness, willful, wanton, or intentional misconduct, unlawful conduct, or any right or claim that may not lawfully be waived or released under Hawaii law. Nothing in this Section 3 shall be construed to release any liability that Hawaii law prohibits from being released.

4. Assumption of Risk

I fully understand the nature, scope, and inherent dangers of swimming, freediving, breath-hold diving, and related water activities. I acknowledge that these activities involve strenuous physical exertion, exposure to aquatic environments, use of specialized equipment, and risks that cannot be eliminated without fundamentally altering the Activity. I affirm that my child is physically and mentally capable of safely participating in the Activity and has no medical, physical, or psychological conditions that would create unreasonable risk. I have disclosed to Sunken LLC any relevant medical history, conditions, or limitations that might affect my child's safe participation. On behalf of myself and, to the fullest extent I am legally able, on behalf of my child, I knowingly, voluntarily, and expressly assume all inherent risks, whether known or unknown, foreseen or unforeseen, associated with the Activity, including but not limited to risks arising from: The ordinary negligence of the Releasees in conducting, supervising, or instructing the Activity; Water and weather conditions; Equipment selection, maintenance, or malfunction; The acts or omissions of other participants or third parties; and My child's own conduct, skill level, or physical condition. I understand that these risks may result in serious injury, permanent disability, or death, and I voluntarily accept these risks as a condition of my child's participation. This assumption of risk extends only to the inherent risks of the Activity and to the ordinary negligence of the Releasees, and does not extend to, and I do not assume, any risk arising from the gross negligence, reckless or willful misconduct, or unlawful conduct of the Releasees, or any right that may not be waived or released under Hawaii law, consistent with Section 3 above.

5. Indemnification

I, in my individual capacity and as the Parent/Guardian of the minor participant, agree to indemnify, defend, and hold harmless the Releasees from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney's fees) asserted by third parties and arising out of: My child's own conduct, acts, or omissions during the Activity, including injuries my child causes to other participants or third parties; or Any material misrepresentation I have made regarding my child's fitness, medical condition, or ability to participate. This indemnity obligation does not apply to claims arising solely from the Releasees' own negligence, gross negligence, willful misconduct, or violations of law. This indemnity is undertaken by me, the Parent/Guardian, in my own right, and nothing in this Section shall be construed to waive, release, or limit any claim or right of the minor that is non-waivable under Hawaii law.

6. Medical Authorization

Emergency Medical Treatment. I authorize Sunken LLC, its employees, agents, and instructors to obtain or arrange for any emergency medical evaluation, treatment, hospitalization, or transport they deem necessary or advisable for my child's health or safety. I understand that Sunken LLC will attempt to contact me before seeking non-emergency medical care, but I authorize treatment without delay if I cannot be reached in an emergency. My designated emergency contact is [Emergency Contact Name / Phone], and my child's regular physician is [Physician Name / Phone]. Financial Responsibility. I agree to be financially responsible for all costs associated with any medical evaluation, treatment, transport, or hospitalization my child receives, whether emergency or non-emergency. I understand that I am responsible for maintaining adequate health insurance coverage for my child. Medical Fitness Certification. I certify that my child is in good health and physical condition suitable for participation in strenuous aquatic activities, including freediving and breath-hold diving. I affirm that my child has no medical, cardiac, respiratory, neurological, or psychological conditions that would create unreasonable risk during the Activity. I represent that the information I have provided is true and complete, and that my child's known medical conditions, allergies, and current medications are: [Known Conditions/Allergies/Medications]. If my child has any medical history or current condition that may affect safe participation (including but not limited to asthma, seizure disorders, cardiac conditions, ear or sinus problems, anxiety disorders, or prior breathing-related incidents), I have: Disclosed such condition(s) in writing to Sunken LLC; and Obtained written medical clearance from a licensed physician authorizing my child's participation, and provided that clearance to Sunken LLC. Medical Information Release. I authorize Sunken LLC and its representatives to communicate with any healthcare provider who treats my child in connection with an injury or medical event arising from the Activity, and I authorize those providers to disclose my child's relevant medical information to Sunken LLC for coordination-of-care purposes. This authorization complies with the Health Insurance Portability and Accountability Act (HIPAA) and Hawaii medical-privacy laws.

7. Supervision and Rules Compliance

My child agrees to follow all directions, instructions, and safety rules given by Sunken LLC and its instructors at all times during the Activity, including all briefings, entry and exit procedures, depth and time limits, and hand signals. My child agrees to observe all freediving and breath-hold safety protocols, including the buddy system and the “one-up, one-down” rule, meaning that my child will not freedive or perform any breath-hold exercise without a dedicated, attentive buddy or instructor directly supervising at the surface, and will surface before that buddy or instructor descends. My child will immediately stop, ascend, or abstain from participation and notify an instructor if my child feels unwell, fatigued, lightheaded, short of breath, cold, panicked, or otherwise unfit to continue safely. I understand and acknowledge that instructor supervision, instruction, and these safety protocols reduce but do not eliminate the inherent risks of swimming, breath-hold diving, and freediving, and that no level of supervision can make the Activity risk-free.

8. Media Release

I grant Sunken LLC unrestricted permission to use my child’s name, likeness, image, and voice in any photographs, videos, or recordings (“Media”) for any lawful purpose, including advertising, promotion, or education, in any medium, without further notice or compensation. This release extends to all minors under my guardianship. This media grant is separate and severable from the Waiver and Release of Liability set forth above, is given voluntarily, and is not consideration for, or a condition of, my child's participation in the Activity; declining, withholding, or later revoking this media grant will not affect my child's eligibility to participate.

9. Equipment and Property

As Parent/Guardian, I agree to be financially responsible for any loss of or damage to equipment, gear, vessels, boats, or facilities caused by my child’s negligent, reckless, or intentional conduct, including the reasonable cost of repair or replacement.

10. Governing Law and Severability

This agreement shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict-of-laws principles. The Parent/Guardian agrees that the exclusive jurisdiction and venue for any claim or dispute arising out of or relating to this agreement or the Activity shall lie in the state courts of the State of Hawaii sitting in [County] County (First Circuit), and the Parent/Guardian consents to the personal jurisdiction of, and waives any objection to venue in or the inconvenience of, those courts. If any portion of this agreement is found invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. If the release of ordinary negligence, the assumption of risk, the indemnity, or any other provision is held to be limited, overbroad, or unenforceable in whole or in part — or if the release of any non-waivable right is struck — that provision shall be construed, reformed, and enforced to the maximum extent permitted by Hawaii law, and the invalidity of any provision or portion of a provision shall not affect the enforceability of the remainder, it being the parties' intent that the releases and other protections in this agreement be given the broadest effect Hawaii law allows.

11. Acknowledgment of Understanding

I HAVE CAREFULLY READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP LEGAL RIGHTS FOR MYSELF AND MY CHILD, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE. I SIGN IT FREELY AND VOLUNTARILY, WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE. I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW. Digital signature accepted. Typing your name constitutes a legal signature.