ASSUMPTION OF RISK, WAIVER, AND RELEASE OF LIABILITY

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. BY SIGNING THIS DOCUMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. THIS IS A LEGALLY BINDING AGREEMENT.

In consideration of being permitted to participate in the NYC SEAL Swim 2026 open-water swimming event scheduled for Saturday, August 15, 2026, and/or any qualification swim or test swim conducted in June or July 2026 in preparation for the NYC SEAL Swim 2026 (collectively, the “Event”), I, the undersigned participant (“Participant”), freely and voluntarily agree to the following:

1. DESCRIPTION OF THE EVENT

The NYC SEAL Swim is a grueling open-water swimming event that involves swimming across the Hudson River in the waters surrounding New York City and New Jersey. The Event includes a swim course that passes through open waterways with checkpoints at the Statue of Liberty Barge, the Ellis Island Barge, and a designated extraction point. The Event also includes qualification swims and test swims conducted in June and July 2026 (the “Qualification Swims”) to assess each participant’s fitness and readiness to complete the NYC SEAL Swim. Swimming across the Hudson River is a serious and physically demanding undertaking that requires a high level of physical fitness, swimming proficiency, and mental preparedness.

2. ACKNOWLEDGMENT OF RISKS

Participant acknowledges and understands that participation in the Event and the Qualification Swims involves inherent and significant risks of serious bodily injury, permanent disability, and death. These risks include, but are not limited to:

(a) Drowning, submersion, or near-drowning;

(b) Hypothermia, hyperthermia, heat stroke, or other temperature-related conditions;

(c) Exposure to strong currents, tides, waves, wakes from watercraft, and other unpredictable water conditions in the Hudson River and surrounding waterways;

(d) Contact with marine life, debris, submerged objects, or waterborne contaminants and pollutants;

(e) Collision with other swimmers, watercraft, support vessels, barges, docks, or fixed structures;

(f) Cardiac events, respiratory distress, muscle cramps, exhaustion, dehydration, or other medical emergencies;

(g) Equipment failure, including failure of swim buoys, electronic tracking bracelets, or fins;

(h) Delayed or inadequate emergency response due to water conditions, distance from shore, or other factors;

(i) Injuries sustained during transportation to or from the Event, including bus transportation and ferry transportation;

(j) Weather-related hazards, including storms, lightning, fog, high winds, and reduced visibility;

(k) Exposure to waterborne contaminants, pollutants, bacteria, sewage, chemical runoff, and other hazardous substances present in the Hudson River and surrounding waterways. Participant specifically acknowledges that the Hudson River is an urban waterway with known water quality concerns, and that water conditions may vary and may include elevated levels of bacteria, pollutants, or other contaminants that could cause illness, infection, skin irritation, gastrointestinal distress, or other adverse health effects;

(l) Exposure to communicable diseases, including but not limited to COVID-19, influenza, and other viral, bacterial, or infectious diseases, arising from proximity to other participants, spectators, volunteers, Event personnel, or members of the public at the Event, during transportation, or at any Event-related gathering or venue; and

(m) Any other risks inherent in open-water swimming in an urban waterway environment, whether or not specifically identified herein.

Participant understands that the foregoing list is not exhaustive and that participation in the Event may involve risks that are not foreseeable or not described above. Participant voluntarily assumes all such risks, both known and unknown.

3. REPRESENTATION OF SWIMMING PROFICIENCY AND HEALTH

By signing this document, Participant represents and warrants that:

(a) Participant is a proficient swimmer capable of completing the Event course in open-water conditions;

(b) Participant meets at least one of the following eligibility requirements:

(c) Participant is an active-duty or former United States Navy SEAL;

(ii) Participant has successfully completed a Qualification Swim administered by the Event organizers in June or July 2026; or

(iii) Participant has completed an open-water swimming event of three (3) miles or greater within the two (2) years immediately preceding the date of the Event and has provided documentation of such completion to the Event organizers;

(iv) Participant is in outstanding physical health and physical condition, free from any illness, injury, or medical condition — including but not limited to cardiac, respiratory, neurological, or musculoskeletal conditions — that could impair Participant’s ability to safely complete the Event or that could be aggravated by strenuous open-water swimming;

(v) Participant has consulted with a physician regarding participation in the Event and has been cleared for strenuous physical activity;

(e) Participant has truthfully and completely answered all questions on the Event registration form regarding Participant’s health, swimming experience, and fitness;

(f) Participant agrees and commits that Participant shall not consume any alcoholic beverages during the twenty-four (24) hours immediately preceding the start of the Event (including the evening and night before Swim Day and the morning of Swim Day). Participant understands and acknowledges that alcohol consumption impairs judgment, coordination, reaction time, and physical performance, and that swimming in open water while under the influence of alcohol or while experiencing the after-effects of alcohol consumption poses an extreme and potentially fatal risk. Participant further acknowledges that violation of this commitment may result in Participant’s immediate disqualification and removal from the Event at the sole discretion of the Event Organizers, without refund of any registration fees or other amounts paid;

(g) Participant agrees and commits that Participant shall not use any illegal drugs, controlled substances, or any prescription or over-the-counter medication that may impair Participant’s physical or cognitive abilities — including but not limited to judgment, coordination, balance, reaction time, alertness, or swimming ability — during the twenty-four (24) hours immediately preceding the start of the Event or at any time during the Event. Participant shall disclose to the Event Organizers in writing, prior to the Event, any prescription medication that Participant is currently taking. Participant acknowledges that violation of this commitment may result in Participant’s immediate disqualification and removal from the Event at the sole discretion of the Event Organizers, without refund of any registration fees or other amounts paid; and

(h) Participant understands that it is Participant’s sole and continuing responsibility to ensure that Participant is and remains in outstanding health and physical condition at all times leading up to and on the day of the Event, and that Participant will immediately notify the Event Organizers and withdraw from the Event if Participant’s health or physical condition changes in any way that could affect Participant’s ability to safely participate.

4. ACKNOWLEDGMENT OF SAFETY MEASURES

Participant acknowledges that William Brown, the Director and Lead SEAL of the NYC SEAL Swim, and Beyond the Brotherhood (collectively, the “Event Organizers”) have implemented the following safety measures to promote the safety of all participants:

(a) Swimmer Eligibility Requirements: All swimmers are either active-duty or former United States Navy SEALs, or are required to pass a Qualification Swim, or must demonstrate completion of an open-water swimming event of three (3) miles or greater within the last two (2) years;

(b) Swim Buoys: All swimmers are required to carry orange swimmer buoys that serve as a flotation device and life preserver and assist support vessels in visually tracking swimmers throughout the course;

(c) Electronic Tracking Bracelets: All swimmers are required to wear electronic tracking bracelets that allow Event Organizers and safety personnel to monitor the real-time location of each swimmer;

(d) Mandatory Headcounts: Mandatory physical and electronic headcounts are conducted at the Statue of Liberty Barge, the Ellis Island Barge, and at the extraction point to ensure full accountability of all swimmers at each checkpoint;

(e) Swimming Fins: All swimmers are required to wear swimming fins during the Event, unless the swimmer is an Olympic-level or NCAA Division I swimmer and has submitted a written request to the Event Organizers to swim without fins, which request has been approved by the Event Organizers in their sole discretion; and

(f) Support Vessels and Safety Personnel: Support vessels and trained safety personnel are stationed along the course to provide assistance as needed.

Participant acknowledges that these safety measures have contributed to a safe and successful NYC SEAL Swim for seven (7) consecutive years. However, Participant understands and agrees that no safety measure can eliminate all risks associated with open-water swimming, and that the Event Organizers do not and cannot guarantee Participant’s safety.

5. COMPLIANCE WITH EVENT RULES; RIGHT TO DISQUALIFY

(a) Compliance. Participant agrees to comply with all rules, regulations, instructions, and directions issued by the Event Organizers, safety personnel, support vessel operators, and any governmental or regulatory authority in connection with the Event and the Qualification Swims. Participant agrees to wear all required safety equipment at all times during the Event, including swim buoys, electronic tracking bracelets, and swimming fins (unless exempted pursuant to Section 4(e)). Participant agrees to stop at each mandatory checkpoint and submit to physical and electronic headcounts as directed.

(b) Right to Disqualify or Remove. The Event Organizers reserve the absolute and sole discretion to disqualify, remove, or withdraw any Participant from the Event or any Qualification Swim at any time, for any reason, including but not limited to: (i) concerns regarding Participant’s health, fitness, or ability to safely continue; (ii) Participant’s failure to comply with Event rules, safety instructions, or directions from Event personnel; (iii) deteriorating weather, water, or environmental conditions; (iv) suspected alcohol or substance use; or (v) any other reason the Event Organizers deem necessary in the interest of safety. Participant agrees to immediately comply with any direction to exit the water or cease participation. Participant acknowledges and agrees that any such disqualification or removal shall not give rise to any claim, cause of action, or right to a refund against any of the Released Parties.

(c) Non-Refundable Registration. All registration fees and other amounts paid by Participant in connection with the Event are non-refundable, regardless of whether Participant is disqualified, removed, withdraws, or is unable to participate for any reason, including but not limited to disqualification under this Section, cancellation or modification of the Event due to weather or other conditions, or Participant’s voluntary withdrawal.

6. EVENT CANCELLATION; RETENTION OF FUNDRAISING PROCEEDS

(a) Cancellation. Participant acknowledges and agrees that the Event may be cancelled, postponed, shortened, rerouted, or otherwise modified at any time, in the sole discretion of the Event Organizers, due to circumstances including but not limited to: (i) adverse weather conditions, including but not limited to storms, high winds, lightning, fog, extreme temperatures, or unsafe water conditions; (ii) permit issues, including but not limited to the revocation, suspension, denial, or non-issuance of any permit required for the Event by any federal, state, or local governmental authority; or (iii) insurance issues, including but not limited to the cancellation, lapse, non-renewal, or insufficiency of any insurance policy required for the Event.

(b) Retention of Funds. In the event that the NYC SEAL Swim 2026 is cancelled for any reason, including but not limited to the reasons set forth in Section 6(a), Participant acknowledges and agrees that all funds raised by or on behalf of Participant in connection with the Event — including but not limited to registration fees, individual fundraising, team fundraising, corporate sponsorship proceeds, donations, and any other funds collected in connection with the Event — shall be retained by Beyond the Brotherhood in furtherance of their respective charitable missions. Participant shall have no right to a refund, return, or reallocation of any such funds, and Participant waives any and all claims against the Released Parties related to the retention of such funds. Participant acknowledges that all fundraising conducted in connection with the Event is for the charitable benefit of Beyond the Brotherhood, and that Participant’s participation in fundraising activities was voluntary and undertaken with the understanding that such funds would support the charitable missions of Beyond the Brotherhood regardless of whether the Event takes place as scheduled.

7. RELEASE OF LIABILITY AND COVENANT NOT TO SUE

In consideration of being permitted to participate in the Event, Participant, on behalf of Participant and Participant’s heirs, executors, administrators, personal representatives, estate, assigns, next of kin, and any person or entity asserting a claim by, through, or on behalf of Participant (including but not limited to wrongful death claims, survival actions, loss of consortium claims, and claims by Participant’s estate), hereby:

(a) RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE the following persons and entities (collectively, the “Released Parties”):

(b) William Brown, individually and in his capacity as Director and Lead SEAL of the NYC SEAL Swim;

(ii) Beyond the Brotherhood, and its officers, directors, employees, agents, volunteers, representatives, successors, and assigns; and

(iii) Any and all sponsors, co-sponsors, vendors, contractors, subcontractors, municipalities, governmental entities, landowners, and other persons or entities involved in the planning, organization, promotion, or execution of the Event;

From any and all liability, claims, demands, actions, causes of action, suits, judgments, damages, losses, costs, and expenses (including attorneys’ fees) of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, arising out of or in any way related to Participant’s participation in the Event and/or the Qualification Swims, including but not limited to claims arising from the negligence (whether active or passive) of any of the Released Parties, but excluding claims arising from the gross negligence or willful misconduct of any of the Released Parties.

(b) AGREES TO INDEMNIFY AND HOLD HARMLESS the Released Parties from any and all claims, demands, actions, causes of action, suits, judgments, damages, losses, costs, and expenses (including attorneys’ fees) brought by or on behalf of Participant, Participant’s heirs, executors, administrators, personal representatives, estate, assigns, next of kin, or by any third party, arising out of or in any way related to Participant’s participation in the Event and/or the Qualification Swims, including but not limited to wrongful death claims, survival actions, loss of consortium claims, and claims by Participant’s estate.

(c) ACKNOWLEDGES THAT THIS RELEASE IS BINDING ON PARTICIPANT’S ESTATE, HEIRS, AND NEXT OF KIN. Participant expressly intends that this Release of Liability and Covenant Not to Sue shall be binding upon Participant’s estate, heirs, executors, administrators, personal representatives, assigns, and next of kin, and shall bar any claim, including wrongful death claims and survival actions, that any such person or entity might otherwise assert against the Released Parties arising out of or related to Participant’s participation in the Event.

8. MEDICAL AUTHORIZATION

Participant authorizes the Event Organizers and their designated medical personnel to provide or arrange for emergency medical treatment, first aid, or transportation to a medical facility in the event of injury, illness, or medical emergency during the Event or the Qualification Swims. Participant agrees to be responsible for all costs associated with such medical treatment and transportation. Participant acknowledges that the Event Organizers do not carry medical insurance on behalf of participants.

9. USE OF IMAGE AND LIKENESS; NATIONAL MEDIA COVERAGE

(a) National Media Coverage. Participant acknowledges and understands that the NYC SEAL Swim is a nationally recognized event that has received national television and media coverage from Fox News, Newsmax, and other major media networks and outlets. Participant understands and agrees that there is a possibility — and, in light of the Event’s history of national media coverage, a likelihood — that Participant may appear on national television, in news broadcasts, in print and online media, on social media platforms, and in other media coverage in connection with the Event. Participant consents to such coverage and appearance and waives any and all claims against the Released Parties, any media organization, or any other person or entity arising from Participant’s appearance in any such media coverage.

(b) Grant of Rights. Participant grants to each of the following — (i) William Brown, Director and Lead SEAL of the NYC SEAL Swim; and (ii) Beyond the Brotherhood — and their respective officers, directors, employees, agents, successors, assigns, licensees, and designees, the irrevocable, perpetual, worldwide, royalty-free right and permission to photograph, film, record, and otherwise capture Participant’s image, likeness, voice, name, and statements during the Event and the Qualification Swims, and to use, reproduce, distribute, display, publish, modify, create derivative works from, and otherwise exploit such materials in any medium or format, whether now known or hereafter developed, for any purpose whatsoever, including but not limited to marketing, advertising, promotional, fundraising, educational, media, commercial, and business ventures, without compensation, further consent, or notice to Participant. Participant waives any right to inspect or approve any such use and releases the foregoing persons and entities from any claims arising out of such use, including but not limited to claims for invasion of privacy, right of publicity, defamation, or any other cause of action arising from the use of Participant’s image or likeness.

(c) Third-Party Media. Participant acknowledges that the Event Organizers may grant access to the Event to third-party media organizations, photographers, videographers, and journalists, and that such third parties may independently photograph, film, or record Participant during the Event. Participant consents to such third-party coverage and releases the Released Parties from any liability arising from the actions of such third-party media.

10. GOVERNING LAW AND JURISDICTION

This Assumption of Risk, Waiver, and Release of Liability shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to the conflict of laws provisions thereof. Any dispute arising out of or related to this document or Participant’s participation in the Event shall be subject to the exclusive jurisdiction of the state and federal courts located in Somerset County, New Jersey. Participant hereby waives all objections to venue and personal jurisdiction in these forums.

11. SEVERABILITY

If any provision of this document is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. If any provision is held to be overbroad or unreasonable, such provision shall be modified to the minimum extent necessary to make it enforceable.

12. ENTIRE AGREEMENT

This document constitutes the entire agreement between Participant and the Released Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements, representations, or understandings. This document may not be modified except in a writing signed by Participant and an authorized representative of the Event Organizers.

13. NO WARRANTIES; “AS-IS” PARTICIPATION

Participant acknowledges and agrees that the Event is provided on an “AS-IS” and “AS-AVAILABLE” basis. THE EVENT ORGANIZERS MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, REGARDING THE EVENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES REGARDING THE SAFETY OF THE EVENT, THE CONDITION OF THE SWIM COURSE, THE QUALITY OR CONDITION OF THE WATER, THE ADEQUACY OF SAFETY MEASURES, THE AVAILABILITY OR EFFECTIVENESS OF EMERGENCY RESPONSE, OR THE FITNESS OF THE EVENT FOR ANY PARTICULAR PURPOSE. Participant’s participation in the Event is entirely at Participant’s own risk.

14. PERSONAL PROPERTY DISCLAIMER

The Released Parties shall not be responsible or liable for any loss, theft, damage, or destruction of Participant’s personal property, including but not limited to clothing, bags, gear, electronics, jewelry, swim equipment, or any other personal belongings, whether such property is left at any Event venue, checkpoint, barge, bus, ferry, hotel, or other location in connection with the Event. Participant assumes all risk of loss with respect to Participant’s personal property.

15. LIMITATION ON DAMAGES; SHORTENED STATUTE OF LIMITATIONS; WAIVER OF JURY TRIAL; ATTORNEY’S FEES

(a) Limitation on Damages. In the event that any claim is asserted against any Released Party notwithstanding this Waiver and Release, Participant agrees that Participant’s recovery, if any, shall be limited to actual, direct, compensatory damages only. PARTICIPANT HEREBY WAIVES ANY AND ALL CLAIMS FOR PUNITIVE DAMAGES, EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, AND INDIRECT DAMAGES OF ANY KIND, to the fullest extent permitted by the laws of the State of New Jersey.

(b) Shortened Statute of Limitations. Participant agrees that any claim, action, or proceeding arising out of or related to this document or Participant’s participation in the Event must be commenced within one (1) year from the date of the incident giving rise to the claim. Any claim not commenced within this period shall be forever barred. Participant acknowledges that this provision may shorten the time period otherwise available under applicable law and voluntarily agrees to this shortened limitation period.

(c) Waiver of Jury Trial. PARTICIPANT HEREBY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES THE RIGHT TO A TRIAL BY JURY in any action, proceeding, or counterclaim arising out of or related to this document or Participant’s participation in the Event. Participant acknowledges that this waiver is a material inducement for the Event Organizers to permit Participant to participate in the Event.

(d) Attorney’s Fees. In the event that Participant or any person or entity asserting a claim by, through, or on behalf of Participant commences any action, suit, or proceeding against any Released Party arising out of or related to this document or Participant’s participation in the Event, and such action does not result in a judgment or award in favor of the claimant, the claimant shall pay the Released Party’s reasonable attorneys’ fees, costs, and expenses incurred in defending such action.

16. ACKNOWLEDGMENT AND VOLUNTARY EXECUTION

BY SIGNING BELOW, PARTICIPANT ACKNOWLEDGES AND AGREES THAT:

(a) PARTICIPANT HAS CAREFULLY READ THIS ENTIRE DOCUMENT AND FULLY UNDERSTANDS ITS CONTENTS;

(b) PARTICIPANT IS AWARE THAT THIS DOCUMENT IS AN ASSUMPTION OF RISK, WAIVER, AND RELEASE OF LIABILITY, AND THAT BY SIGNING IT, PARTICIPANT IS GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES AND THE RIGHT TO A JURY TRIAL;

(c) PARTICIPANT IS SIGNING THIS DOCUMENT FREELY AND VOLUNTARILY, WITHOUT DURESS OR COERCION;

(d) PARTICIPANT IS AT LEAST EIGHTEEN (18) YEARS OF AGE AND IS LEGALLY COMPETENT TO EXECUTE THIS DOCUMENT;

(e) PARTICIPANT UNDERSTANDS THAT THE NYC SEAL SWIM IS A GRUELING AND PHYSICALLY DEMANDING EVENT INVOLVING SERIOUS RISKS, INCLUDING THE RISK OF DEATH, AND PARTICIPANT VOLUNTARILY ASSUMES ALL SUCH RISKS;

(f) PARTICIPANT IS IN OUTSTANDING PHYSICAL HEALTH AND CONDITION AND HAS NOT CONSUMED AND WILL NOT CONSUME ALCOHOLIC BEVERAGES OR IMPAIRING SUBSTANCES WITHIN TWENTY-FOUR (24) HOURS PRIOR TO THE START OF THE EVENT;

(g) PARTICIPANT AGREES THAT ANY CLAIM MUST BE BROUGHT WITHIN ONE (1) YEAR AND THAT PARTICIPANT WAIVES THE RIGHT TO PUNITIVE, CONSEQUENTIAL, AND SPECIAL DAMAGES;

(h) PARTICIPANT UNDERSTANDS THAT THE NYC SEAL SWIM HAS RECEIVED NATIONAL TELEVISION AND MEDIA COVERAGE AND THAT PARTICIPANT MAY APPEAR ON NATIONAL TELEVISION OR IN OTHER MEDIA;

(i) PARTICIPANT ACKNOWLEDGES THAT IN THE EVENT OF CANCELLATION OF THE NYC SEAL SWIM FOR ANY REASON, ALL FUNDS RAISED IN CONNECTION WITH THE EVENT SHALL BE RETAINED BY BEYOND THE BROTHERHOOD, AND PARTICIPANT SHALL HAVE NO RIGHT TO A REFUND OR RETURN OF SUCH FUNDS;

(j) PARTICIPANT INTENDS THIS DOCUMENT TO BE BINDING UPON PARTICIPANT’S ESTATE, HEIRS, AND NEXT OF KIN; AND

(k) PARTICIPANT INTENDS THIS DOCUMENT TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAWS OF THE STATE OF NEW JERSEY.