Eight Beer Ice Bath Challenge Release

1. Voluntary Participation; Age, Health, and Alcohol

I voluntarily participate in the EIGHT Beer Ice Bath Challenge (the “Activity”), including preparing for, approaching, entering, remaining in, and exiting a tub containing cold water and ice; using nearby steps, mats, platforms, changing areas, or equipment; receiving staff or emergency assistance; and related activities immediately before, during, and after participation. I may stop at any time but must follow staff instructions for a safe exit.

I certify that I am at least 21; will show government-issued photo ID upon request; am physically and mentally capable; am not intoxicated or impaired; and have not consumed alcohol, cannabis, illegal drugs, or impairing medication before participating. Any alcohol is separate from the Activity, may be provided only by an authorized provider after participation, is subject to law and service discretion, and is not guaranteed.

I will not participate if I have heart or cardiovascular disease, uncontrolled high blood pressure, a history of stroke, seizure disorder, respiratory illness aggravated by cold, pregnancy, Raynaud’s syndrome, cold urticaria, severe cold sensitivity, a fainting condition, recent significant injury or surgery, or any condition that may be worsened by sudden cold exposure. Staff provide no medical screening or clearance; I am responsible for deciding whether participation is appropriate and consulting a healthcare professional if uncertain.

2. Acknowledgment and Assumption of Risk

I understand that sudden cold-water exposure and the event environment involve known and unknown risks, including cold shock, gasping, hyperventilation, panic, breathing difficulty, rapid heartrate or blood-pressure changes, arrhythmia, cardiac arrest, heart attack, stroke, dizziness, fainting, loss of consciousness, hypothermia, numbness, cramping, weakness, loss of coordination, slipping, falling, collision, drowning or aspiration, cuts, bruises, strains, fractures, head injury, infection or contamination, aggravation of an unknown condition, property loss or damage, permanent disability, and death. Equipment may malfunction; surfaces may be wet or slippery; and event personnel or third parties may make mistakes or act negligently.

I knowingly and voluntarily assume all risks arising from the Activity, my health or conduct, the tub, ice, water, steps, mats, platforms, equipment, premises, weather, crowds, other persons, and the ordinary negligence of a Released Party, except to the extent liability cannot lawfully be waived.

3. Released Parties

“Released Parties” means EIGHT Beer; Johnson & Sekin; Katy Trail Ice House; the property owner, landlord, operator, or manager; event sponsors, organizers, producers, promoters, vendors, and service providers; providers of the tub, water, ice, equipment, staffing, security, photography, videography, medical support, transportation, or alcohol service; and each of their respective parents, subsidiaries, affiliates, owners, members, officers, directors, managers, employees, contractors, subcontractors, volunteers, representatives, agents, insurers, licensees, successors, and assigns.

4. Safety, Emergency Care, and Property

I will follow all instructions; enter and exit only when directed; remain in the tub only for the permitted period; avoid jumping, diving, pushing, horseplay, or unsafe conduct; immediately report pain, breathing difficulty, dizziness, numbness, weakness, confusion, panic, or other symptoms; and exit immediately when directed. Staff may delay, refuse, stop, or discontinue participation for suspected impairment, health or safety concerns, rule violations, unsafe conduct, equipment or venue conditions, weather, crowds, or operational needs. Staff observations are not medical examinations or assurances of safety.

If I am injured, ill, unconscious, or unable to communicate, I authorize the Released Parties and emergency personnel to provide or arrange first aid, transportation, or medical treatment reasonably considered appropriate. They are not obligated to provide medical personnel or transportation; I accept all related costs and, to the fullest extent permitted by law, release claims arising from good-faith emergency assistance, including ordinary negligence. I am responsible for personal property and accept the risk that it may become wet, lost, stolen, or damaged.

5. Limited Indemnification

To the fullest extent permitted by law, I will indemnify, defend, and hold harmless the Released Parties from third-party claims, damages, liabilities, judgments, and reasonable costs, including attorneys’ fees to the extent caused by my negligent, reckless, intentionally wrongful, or unlawful conduct; failure to follow instructions; breach of this Agreement; false statement concerning my age, identity, health, impairment, or ability; or damage I cause to persons, property, premises, or equipment. I need not indemnify a Released Party for a claim caused solely by that party’s own negligence or where prohibited by law

6. RELEASE OF LIABILITY AND COVENANT NOT TO SUE — I UNDERSTAND THAT THIS SECTION AFFECTS MY LEGAL RIGHTS. TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, I, FOR MYSELF AND MY ESTATE, PERSONAL REPRESENTATIVES, HEIRS, BENEFICIARIES, SUCCESSORS, AND ANY PERSON CLAIMING THROUGH ME, RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, COSTS, OR EXPENSES ARISING OUT OF OR RELATING TO MY PARTICIPATION, INCLUDING PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, PROPERTY DAMAGE, DISABILITY, OR DEATH CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF A RELEASED PARTY, INCLUDING ITS OWN NEGLIGENT ACTS OR OMISSIONS. THIS INCLUDES NEGLIGENT PLANNING, SUPERVISION, INSTRUCTION, STAFFING, SCREENING, MAINTENANCE, PREMISES LIABILITY, FAILURE TO WARN, FAILURE TO PROVIDE OR OBTAIN MEDICAL ASSISTANCE, AND THE SELECTION, CONDITION, PLACEMENT, OR USE OF THE TUB, ICE, WATER, STEPS, MATS, PLATFORMS, EQUIPMENT, OR PREMISES. I AGREE NOT TO SUE OR MAINTAIN A RELEASED CLAIM. THIS RELEASE DOES NOT APPLY TO INTENTIONAL MISCONDUCT OR LIABILITY THAT CANNOT LAWFULLY BE RELEASED.

7. Media Release

I authorize EIGHT Beer, Johnson & Sekin, Katy Trail Ice House, the other Released Parties, and their designees and licensees to photograph, film, livestream, interview, record, edit, crop, adapt, combine, reproduce, publish, distribute, transmit, publicly display, and otherwise use my name, image, likeness, voice, statements, reactions, performance, and participation worldwide and perpetually in any media now known or later developed for advertising, marketing, social media, publicity, public relations, websites, streaming, print, presentations, case studies, and internal or trade communications. These rights are transferable, sublicensable, royalty-free, and may be exercised without compensation or my inspection or approval. I release claims arising from authorized use, including privacy, publicity, false-light, and editing-related defamation claims, except materially false, knowingly defamatory, or unlawful use, and understand public content may be redistributed beyond the Released Parties’ control.

8. General Terms

Texas law governs. Any proceeding shall be brought exclusively in a state court in Dallas County, Texas, or the applicable federal court serving Dallas County. An unenforceable provision shall be enforced to the maximum lawful extent and the remainder remains effective. The assumption of risk, release, covenant not to sue, indemnification, emergency-care, media, governing-law, and venue terms survive participation. This is the complete agreement on its subject matter; no oral statement modifies it. Electronic, scanned, photographed, and handwritten signatures and copies have the same effect as originals

9. FINAL ACKNOWLEDGMENT — I HAVE READ THIS AGREEMENT, UNDERSTAND THAT THE ACTIVITY CAN CAUSE SERIOUS INJURY, ILLNESS, DISABILITY, OR DEATH, AND UNDERSTAND THAT I AM
ASSUMING RISKS AND RELEASING CLAIMS, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF EIGHT BEER, JOHNSON & SEKIN, KATY TRAIL ICE HOUSE, AND
THE OTHER RELEASED PARTIES. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS AND SIGN KNOWINGLY, VOLUNTARILY, AND WITHOUT COERCION.