WAIVER AND RELEASE OF LIABILITY AGREEMENT

Blue Shore Pedal Lounge LLC – Corpus Christi, Texas

READ CAREFULLY BEFORE SIGNING – THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. IT INCLUDES A RELEASE OF LIABILITY, AN ASSUMPTION OF RISK, AN INDEMNITY OBLIGATION, AND A BINDING ARBITRATION PROVISION WITH A WAIVER OF JURY TRIAL.

1. Parties and Consideration

In consideration of being permitted to participate in the services and activities provided by Blue Shore Pedal Lounge LLC, including its owners, members, managers, investors, employees, contractors, agents, insurers, affiliates, successors, assigns, and lessors of any pedal trolleys or related equipment (collectively, the “Released Parties”), I, the undersigned rider (“Participant,” “I,” or “me”), and on behalf of my heirs, spouse, assigns, personal representatives, and estate, agree to the terms of this Agreement. The “Activity” means riding, boarding, exiting, or otherwise participating in any pedal-powered trolley tour, pickup service, or related activity operated by the Released Parties.

2. Acknowledgment and Assumption of Risk

I acknowledge that participation in pedal-powered vehicle tours and related activities involves significant risks, both known and unknown, including but not limited to:

• Slips, trips, falls, or collisions with other vehicles, pedestrians, fixed objects, or the trolley itself;
• Falls or injuries while boarding, riding, or exiting the vehicle, which is not equipped with seat belts;
• Physical exertion from pedaling or from remaining seated for extended periods;
• Weather-related hazards, traffic, and roadway or route conditions;
• Mechanical failure or equipment malfunction;
• The negligent, careless, or intentional acts of other participants, pedestrians, motorists, or third parties;
• Impaired balance, coordination, or judgment resulting from the consumption of alcohol; and
• Exposure to communicable illness.

These risks may result in serious bodily injury, permanent disability, death, or property damage to myself or others. I understand the vehicle has no seat belts and I voluntarily choose to participate despite these risks.

I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS OF THE ACTIVITY — WHETHER KNOWN OR UNKNOWN, AND WHETHER ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE. MY PARTICIPATION IS ENTIRELY VOLUNTARY AND WITHOUT DURESS OR COERCION.

3. Release and Waiver of Liability

I HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, OR LIABILITIES OF ANY KIND — KNOWN OR UNKNOWN — FOR PERSONAL INJURY, DEATH, EMOTIONAL DISTRESS, OR PROPERTY DAMAGE ARISING OUT OF OR CONNECTED WITH MY PARTICIPATION IN THE ACTIVITY OR MY USE OF THE RELEASED PARTIES’ VEHICLES, SERVICES, OR FACILITIES, INCLUDING ANY SUCH CLAIM CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF ANY OF THE RELEASED PARTIES, WHETHER OCCURRING BEFORE, DURING, OR AFTER PARTICIPATION.

Limitation. This release applies to ordinary negligence only. It does not release, and I do not waive, any claim for gross negligence, or for intentional, willful, wanton, or reckless conduct, or any liability that may not be released under Texas law. Nothing in this Agreement waives any right or remedy that cannot lawfully be waived.

4. Indemnification and Hold Harmless

TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING FROM OR RELATED TO: (a) MY PARTICIPATION, OR THE PARTICIPATION OF ANY MINOR OR GUEST IN MY CARE; (b) MY OR THEIR FAILURE TO FOLLOW COMPANY RULES OR APPLICABLE LAW; OR (c) ANY INJURY, DAMAGE, OR LOSS TO A THIRD PARTY RESULTING FROM OUR PARTICIPATION — INCLUDING SUCH MATTERS CAUSED IN PART BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, BUT EXCLUDING THE RELEASED PARTIES’ OWN GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.

If the Released Parties must enforce this Agreement or defend against a claim covered by this waiver, I agree to reimburse all reasonable costs, including attorneys’ fees.

5. Individual Signatures Required; Booking-Party Responsibility

Each adult rider must sign this Agreement individually before boarding. A rider who has not signed will not be permitted to participate.

If I book, purchase, or reserve a tour on behalf of others, I additionally agree that:

• I am authorized to make the reservation and will ensure every rider in my party signs this Agreement before boarding;
• I have informed all riders in my party of this Agreement and its terms; and
• To the fullest extent permitted by law, I accept responsibility for, and will indemnify the Released Parties against, damages, claims, or losses caused by the conduct of guests in my party.

Blue Shore Pedal Lounge LLC also posts this Agreement on its website at www.bluepedallounge.com and via QR codes and signage on vehicles and at boarding areas. Posted notice is provided as a courtesy and backstop and does not replace the requirement that each adult rider sign individually.

6. Alcohol Policy and Age Restrictions

Private tours are BYOB. On private tours, Blue Shore Pedal Lounge LLC does not sell, serve, or provide alcoholic beverages; any alcohol consumed is brought by riders and consumed voluntarily and at each rider’s own risk.

Public pickup service. On public pickup service, complimentary adult beverages may be made available and will be provided only to riders who present valid government-issued identification showing they are 21 years of age or older. Blue Shore Pedal Lounge LLC does not sell alcoholic beverages. Any beverages made available are complimentary; all fares and fees paid are for trolley time and services only, and no portion of any fare or fee constitutes payment for alcohol.

Regardless of the type of tour or service, I acknowledge and agree that:

• No person under 21 years of age may consume alcohol during the Activity, and I will not furnish, provide, or make alcohol available to any person under 21;
• I certify that I am 21 years of age or older if I choose to consume alcohol, and I will provide valid identification upon request;
• Company staff may refuse to provide beverages to, refuse to board, or remove any rider who appears intoxicated or who violates this policy, without refund; and
• All alcohol consumption is voluntary and undertaken at my own risk, and I am solely responsible for my own conduct and its consequences before, during, and after participation.

Nothing in this Agreement limits any right or remedy arising under the Texas Alcoholic Beverage Code or other law that cannot be waived.

7. Rules, Conduct, and Charges

I agree to abide by all rules and instructions of Blue Shore Pedal Lounge LLC staff and understand that:

• Failure to comply, or unsafe, disruptive, or intoxicated behavior, may result in immediate removal from the tour without refund;
• If I leave or abandon the pedal lounge vehicle during a tour without staff authorization, I authorize a charge of $250 to the credit card on file as liquidated damages, which the parties agree is a reasonable estimate of the cost of route disruption, staff time, and vehicle retrieval, and is not a penalty;
• The maximum rider weight is 275 pounds, and I will not participate if I exceed this limit; and
• I am financially responsible for the actual, documented cost of repair or replacement of any damage to the vehicle or equipment caused by me or my guests.

8. Insurance and Health

I certify that I have adequate health and personal insurance to cover any injury, damage, or loss I may cause or suffer while participating, or I agree to bear those costs personally. I further certify that I have no medical or physical condition that could interfere with my safety or participation, or I voluntarily assume all risks arising from any such condition.

9. Helmets and Safety Equipment

I understand that Blue Shore Pedal Lounge LLC does not provide helmets. If I choose to wear one, I must provide my own and I assume full responsibility for its selection, condition, and use.

10. Minors

(a) Guardian Signature Required. A participant under 18 years of age may participate only if this Agreement is signed by the minor’s parent or legal guardian (“Guardian”). A booking adult who is not the minor’s parent or legal guardian may not sign on a minor’s behalf. The Guardian, on the Guardian’s own behalf, agrees to:

• Assume all risks associated with the minor’s participation;
• Waive the Guardian’s own claims against the Released Parties arising from the minor’s participation; and
• To the fullest extent permitted by Texas law, indemnify, defend, and hold harmless the Released Parties from any claim brought by or on behalf of the minor.

(b) No Alcohol for Minors. No participant under 21 may consume alcohol during the Activity under any circumstances.

(c) Supervision. A Guardian or responsible adult designated by the Guardian must supervise each minor throughout the Activity.

11. Media Release

I grant permission to Blue Shore Pedal Lounge LLC to photograph, video record, or capture audio of myself and guests in my care during participation for promotional, commercial, or quality-assurance purposes without compensation. I also consent to receiving follow-up communications, including surveys or feedback emails.

12. Governing Law and Venue

This Agreement shall be governed by and construed under the laws of the State of Texas. Subject to Section 13, any dispute or claim arising under this Agreement shall be brought exclusively in the state or federal courts located in Nueces County, Texas, and I consent to that jurisdiction and venue.

13. Binding Arbitration; Waiver of Jury Trial and Class Actions

I AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITY SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ADMINISTERED IN NUECES COUNTY, TEXAS, BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH THE RULES OF A RECOGNIZED ARBITRATION ADMINISTRATOR AGREED BY THE PARTIES. I KNOWINGLY AND VOLUNTARILY WAIVE MY RIGHT TO A TRIAL BY JURY AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, TO THE FULLEST EXTENT PERMITTED BY LAW. THE ARBITRATOR’S AWARD SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. EITHER PARTY MAY BRING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT IN LIEU OF ARBITRATION.

14. Limitation of Liability

To the fullest extent permitted by Texas law, and only if the release in Section 3 is found unenforceable in whole or in part, the Released Parties’ total liability to me for any claim arising from the Activity shall not exceed the amount I paid for the tour or service. This limitation does not apply to gross negligence, intentional misconduct, or any liability that cannot be limited under Texas law.

15. Severability; Electronic Signature

If any portion of this Agreement is held invalid or unenforceable, that portion shall be modified to the least extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect. If the release of ordinary negligence is limited by law, it shall be enforced to the maximum extent permitted. I agree that my electronic signature is valid and binding to the same extent as a handwritten signature under the Texas Uniform Electronic Transactions Act (Tex. Bus. & Com. Code ch. 322), and I consent to conducting this transaction electronically.

16. Acknowledgment of Understanding

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THIS ENTIRE AGREEMENT, THAT I HAVE HAD SUFFICIENT OPPORTUNITY TO ASK QUESTIONS, AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS — INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR THEIR ORDINARY NEGLIGENCE AND THE RIGHT TO A JURY TRIAL.

If I am signing as a Guardian, I certify that I am the parent or legal guardian of each minor listed on this waiver and that I agree to the terms of Section 10 on my own behalf and to the fullest extent permitted by law.