Waiver of Liability

WAIVER OF LIABILITY, ASSUMPTION OF RISK & NO-REFUND AGREEMENT

Sail La Vie: Black Yacht Day™ Miami

November 8, 2026

By purchasing a ticket, accepting a ticket, boarding a vessel, or otherwise attending or participating in Sail La Vie: Black Yacht Day™ Miami on November 8, 2026 (the “Event”), the participant (“Participant”) acknowledges and agrees to all terms of this Waiver of Liability, Assumption of Risk & No-Refund Agreement (“Agreement”).

This Waiver and Release of Liability (“Waiver”) is entered into by the undersigned participant (“Participant”) in favor of Black Yacht Day™ Miami (“Host”) and the following individuals and entities, solely in their individual and/or separate business capacities:

Alexis Brown, individually, and SocialXchange, Inc.

Andrew Scott, individually, and iParty Boat and Yacht Rentals

Shakyra Chrysostome, individually, and Kyra Public Relations LLC

Adam Payne, individually, and Palm Trees Investments LLC

Corey Payne, individually, and Lake Show LLC

(collectively, the “Organizers”).

No Organizer is acting as a partner, joint venturer, agent, employee, or legal representative of any other Organizer. Each Organizer operates independently and is responsible only for their own actions.

INDEPENDENT THIRD-PARTY PROVIDERS

Participant expressly understands and agrees that Black Yacht Day™ Miami and the Organizers DO NOT OWN, OPERATE, CAPTAIN, CREW, MAINTAIN, MANAGE, CONTROL, OR INSURE THE YACHTS OR VESSELS USED DURING THE EVENT.

Yachts, vessels, captains, crew members, yacht brokers, charter companies, marinas, docking facilities, and other maritime services are provided and/or operated by independent third parties (“Service Providers”).

Service Providers are independently responsible for their vessels, captains, crew, licensing, insurance, maintenance, equipment, navigation, safety procedures, and operations.

Sail La Vie Black Yacht Day™ Miami and the Organizers facilitate and coordinate the Event but DO NOT PROVIDE MARITIME OR PASSENGER TRANSPORTATION SERVICES AND ARE NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, NEGLIGENCE, EQUIPMENT, VESSELS, OPERATIONS, SAFETY PROCEDURES, OR CONDUCT OF ANY INDEPENDENT SERVICE PROVIDER.

Participant may also be required to execute separate waivers, charter agreements, or other documents required by the applicable Service Provider before boarding.


WAIVER OF RELEASE AND LIABILITY

To the maximum extent permitted by law, Participant hereby irrevocably waives, releases, acquits, and forever discharges the Host, the Organizers, and each of their respective past, present, and future owners, members, officers, directors, managers, employees, contractors, agents, affiliates, successors, assigns, and insurers (collectively, the “Released Parties”) from any and all claims, demands, actions, causes of action, liabilities, damages, losses, costs, or expenses of any kind.

This release includes, without limitation, claims arising from:

- Personal injury, illness, or death

- Property damage, loss, or theft

- Emotional distress

- Economic or consequential loss

Whether arising from ordinary negligence, gross negligence, alleged recklessness, or any other theory of liability, and whether occurring before, during, or after the Event.

Participant expressly agrees not to sue or assert claims against any Released Party.

ASSUMPTION OF RISK

Participant understands that boating, yachting, docking, boarding, disembarking, swimming, water activities, alcohol consumption, and participation in an event taking place on or near the water involve inherent and potentially serious risks.

These risks include, but are not limited to:

• Slips, trips, and falls

• Falling overboard

• Drowning

• Serious bodily injury or death

• Collisions with vessels, docks, structures, objects, or other persons

• Rough water, waves, wakes, currents, and changing sea conditions

• Inclement or severe weather

• Seasickness or other illness

• Mechanical, electrical, navigational, or equipment failure

• Delayed departure or return

• Actions or omissions of captains, crew members, Service Providers, other guests, or third parties

• Injuries or incidents associated with alcohol consumption

• Loss, theft, or damage to personal property

• Other known or unknown risks associated with boating, water activities, transportation, and large social gatherings

Participant knowingly and voluntarily assumes all risks associated with attending and participating in the Event, whether known or unknown, foreseeable or unforeseeable, to the fullest extent permitted by law.

PARTICIPANT ATTENDS AND PARTICIPATES AT THEIR OWN RISK

RELEASE AND WAIVER OF LIABILITY

To the fullest extent permitted by applicable law, Participant voluntarily releases, waives, acquits, and forever discharges Black Yacht Day™ Miami, the Host, the Organizers, and each of their respective owners, members, officers, directors, managers, employees, contractors, agents, affiliates, representatives, successors, assigns, and insurers (collectively, the “Released Parties”) from claims, demands, actions, causes of action, liabilities, damages, losses, costs, or expenses arising out of or relating to Participant’s attendance at or participation in the Event.

This release includes claims involving:

• Personal injury

• Illness

• Death

• Property damage

• Lost or stolen property

• Emotional distress

• Economic loss

• Consequential damages

• Acts or omissions of independent Service Providers

• Vessel or equipment issues

• Weather or water conditions

• Delays, interruptions, changes, or cancellation of Event activities

This release applies to the fullest extent permitted by Florida and applicable federal maritime law.

Participant agrees that attendance and participation are voluntary and that Participant is responsible for evaluating and accepting the risks associated with the Event.

NO REFUNDS, CREDITS OR CHARGEBACKS

ALL SALES ARE FINAL

TICKETS, PASSES, RESERVATIONS, DEPOSITS, CHARTER PAYMENTS, AND OTHER PAYMENTS MADE IN CONNECTION WITH SAIL LA VIE BLACK YACHT DAY™ MIAMI ARE NON-REFUNDABLE.

Except where otherwise required by applicable law, Participant understands and agrees that NO REFUNDS OR CREDITS WILL BE ISSUED because of:

• Failure or inability to attend

• Missed boarding or late arrival

• Transportation or travel delays

• Flight cancellations or changes

• Illness or personal emergencies

• Changes in personal circumstances

• Failure to comply with boarding requirements

• Removal from a vessel or the Event for inappropriate, unsafe, disruptive, or prohibited conduct

• Weather conditions

• Sea or water conditions

• Changes to vessel assignment

• Changes to departure location, docking location, boarding procedures, or Event logistics

• Changes to the Event schedule

• Delayed departure or return

• Changes made for operational, logistical, legal, regulatory, or safety reasons

• Dissatisfaction with a vessel, captain, crew, Service Provider, or other third-party service

• Mechanical or operational issues involving a third-party vessel or Service Provider

• Any other circumstance outside the reasonable control of Black Yacht Day™ Miami or the Organizers

The Event may be modified, delayed, relocated, rescheduled, shortened, or otherwise adjusted when reasonably necessary because of weather, marine conditions, safety concerns, governmental requirements, vessel availability, mechanical issues, or other circumstances.

A CHANGE, DELAY, INTERRUPTION, MODIFICATION, OR RESCHEDULING OF THE EVENT DOES NOT AUTOMATICALLY ENTITLE PARTICIPANT TO A REFUND.

If circumstances prevent the Event from proceeding as originally scheduled, Black Yacht Day™ Miami may, at its discretion and subject to applicable law, reschedule the Event, modify the Event, substitute vessels or Service Providers, or provide another reasonable alternative.

Participant agrees not to initiate an improper or fraudulent chargeback for a transaction that is valid under these agreed terms. Nothing in this Agreement waives any rights Participant may have that cannot legally be waived.

WEATHER, VESSEL & OPERATIONAL CHANGES

Participant understands that boating activities are dependent upon weather, water conditions, governmental restrictions, Coast Guard requirements, vessel availability, captain decisions, and other circumstances that may be outside the control of Black Yacht Day™ Miami and the Organizers.

SAFETY AND OPERATIONAL DECISIONS MADE BY A VESSEL’S LICENSED CAPTAIN OR SERVICE PROVIDER ARE OUTSIDE THE CONTROL OF BLACK YACHT DAY™ MIAMI AND THE ORGANIZERS.

A captain or Service Provider may determine that a vessel cannot depart, must return early, must alter its route, or must otherwise modify its operations.

Black Yacht Day™ Miami and the Organizers are not responsible for decisions made independently by a vessel captain or Service Provider.

PARTICIPANT CONDUCT

Participant agrees to:

• Follow all instructions provided by captains, crew members, Event staff, and Service Providers.

• Follow all applicable laws and vessel safety rules.

• Act responsibly while consuming alcohol.

• Refrain from dangerous, threatening, violent, disruptive, or unlawful conduct.

• Respect vessels, equipment, Event property, other participants, crew members, and staff.
  

Participant understands that a captain, Service Provider, security representative, or Event organizer may deny boarding or remove a Participant whose behavior presents a safety risk or materially disrupts the Event.

Removal or denied boarding because of Participant conduct does not entitle Participant to a refund.

PERSONAL PROPERTY

Participant is solely responsible for their personal belongings.

To the fullest extent permitted by law, Black Yacht Day™ Miami and the Organizers are not responsible for lost, stolen, damaged, misplaced, or abandoned phones, wallets, jewelry, clothing, bags, cameras, or other personal property.

MEDICAL FITNESS & EMERGENCIES

Participant represents that they are physically and mentally capable of safely participating in the Event.

Participant is responsible for determining whether any medical condition, medication, disability, pregnancy, physical limitation, or other circumstance makes participation unsafe or inappropriate.

Participant is responsible for obtaining any desired health, travel, accident, or other insurance.

In an emergency, Participant authorizes reasonable emergency assistance to be sought or provided when circumstances require it. Participant understands that they remain financially responsible for medical treatment, emergency transportation, or related expenses incurred on their behalf, except where otherwise required by law.

INDEMNIFICATION AND DEFENSE (SURVIVES THE EVENT)

To the fullest extent permitted by law, Participant agrees to indemnify and hold harmless each Released Party from claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys’ fees arising from:

• Participant’s own acts or omissions

• Participant’s violation of Event or vessel rules

• Damage caused by Participant

• Participant’s breach of this Agreement

• Claims brought by third parties arising from Participant’s conduct

This obligation survives the conclusion of the Event.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, no Released Party shall be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to the Event.

To the extent liability is imposed notwithstanding this Agreement, any limitation of liability shall apply only to the extent permitted by applicable law.

GOVERNING LAW, MARITIME LAW & VENUE

This Agreement shall be interpreted under applicable federal maritime law and, to the extent not preempted by federal maritime law, the laws of the State of Florida.

To the extent legally enforceable, any dispute arising from this Agreement or Participant’s attendance at the Event shall be brought in an appropriate court located in Miami-Dade County, Florida.

If any provision of this Agreement is determined to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

PARTICIPANT ACKNOWLEDGMENT

By purchasing, receiving, or using a ticket and/or attending Sail La Vie: Black Yacht Day™ Miami, Participant acknowledges and agrees that:

• Participant has read and understands this Agreement.

• Participant understands that participation in boating and water-based activities involves significant risks.

• Participant voluntarily assumes those risks.

• Participant understands that Black Yacht Day™ Miami and the Organizers do not own or operate the vessels used for the Event.

• Participant understands that vessels, captains, and crews are operated by independent third parties.

• Participant understands and accepts the NO-REFUND POLICY.

• Participant agrees to follow all Event, vessel, captain, and crew instructions.

• Participant understands that this Agreement includes a release and waiver of certain legal rights.

• Participant is at least 21 years of age.

• Participant is entering into this Agreement knowingly and voluntaricly.

IF PARTICIPANT DOES NOT AGREE TO THESE TERMS, PARTICIPANT MUST NOT PURCHASE A TICKET, ACCEPT A TICKET, BOARD A VESSEL, OR PARTICIPATE IN THE EVENT.

By completing the ticket purchase and/or signing below, Participant confirms: “I HAVE READ, UNDERSTAND, AND AGREE TO THE WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND NO-REFUND POLICY FOR SAIL LA VIE: BLACK YACHT DAY™ MIAMI ON NOVEMBER 8, 2026."

If Participant does not agree, they must not purchase a ticket or attend the Event.