40 TRIBES BACKCOUNTRY ADVENTURES, LLC

RELEASE AND WAIVER OF RIGHTS

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Please read carefully before signing. This is a Release of Liability and Waiver of Legal Rights.

1. In consideration of being able to participate in 40 Tribes’ (as defined below) activities (as defined below), I agree to release and hold harmless 40 Tribes Backcountry Adventures, LLC and all of its affiliated organizations and companies, each of their respective insurance carriers, guides, contractors, local partners, agents, employees, volunteers, representatives, assignees, members, managers, officers, directors, and shareholders, and any landowners and government agencies on whose land the activities occur (collectively referred to in this Release as “40 Tribes”) for any and all liability and/or claims for injury or death or damage to property arising in any way from any activity run by, sponsored by, or involving 40 Tribes. Reference to activity or activities in this Release include, but are not limited to: backcountry skiing, backcountry snowboarding, backcountry telemarking, ski/snowboard mountaineering, skinning, climbing, hiking, snowmobiling, camping, animal riding, traveling, transportation, guiding, instruction, and all other activities run by, sponsored by, or involving 40 Tribes.

2. I agree to not sue or bring any claim against 40 Tribes on any basis, including but not limited to, claims of negligence, negligence per se, premises liability, wrongful death, or breach of warranty. I understand that this Release includes a release of all claims even if they involve statutory violations or the negligent action or inactions of 40 Tribes.

3. I acknowledge that any activities with 40 Tribes involve both known and unknown risks, which may involve the risk of physical injury or death. The known risks include, but are not limited to:

Falling; avalanches; snow immersion; crevasses; snowfall; dangerous animals; icefall; glaciers; improper use of equipment; slipping; natural and man-made hazards; uneven and/or slippery surfaces; collisions with natural objects; collisions with man-made objections; collisions with other people; falling objects; my condition; surface and subsurface snow conditions; ice; variations in terrain; extreme terrain; cliffs; downed timber; stumps; plants and trees; tree wells; thin snow cover; rocks; debris; marked and unmarked obstacles; natural or man-made jumps or features; poor visibility; equipment failure (such as, but not limited to, broken equipment, damaged equipment, improper equipment, improperly maintained equipment, improperly set equipment, equipment releasing, equipment not releasing, equipment not functioning, equipment not deploying, equipment not working as designed); encounters with and travel by snowmobiles, dog sleds, animals, boats, and/or other vehicles or transportation methods; vehicular accidents; lift loading, unloading, and riding; drowning; adverse weather; limited access to and/or delay of medical attention; improper medical attention; fatigue; exhaustion; dehydration; hypothermia; high elevation; altitude sickness; frostbite; illness; contraction of infectious disease(s); rivers, ponds, lakes, and oceans; criminal activity; other trauma or medical conditions; the failure of skiers to ski within their own abilities; and actions/inactions of others (such as 40 Tribes, other clientele, people in the vicinity, etc.) including their negligence.

I understand that the description of risks above is not complete and that the activities may be dangerous and include other risks. I voluntarily assume all risks of injury and/or death.

4. I agree that I will be personally liable for and will pay all reasonable attorneys’ fees and costs incurred by 40 Tribes in defending any lawsuits or claims covered by this Release or any activity of mine with 40 Tribes. I agree that under no circumstances will 40 Tribes ever be responsible for any of my attorneys’ fees.

5. I agree to wear and use appropriate safety equipment. I also understand that safety equipment is not a guarantee of safety and cannot protect me from all injuries and/or death.

6. I will have adequate travel/emergency evacuation insurance, and I will pay all costs associated with medical care and related transport, and release, defend, and indemnify 40 Tribes for any costs incurred from such medical care and transport, and any claims regarding medical care and/or transport (including claims regarding failure to provide medical care and/or transport).

7. I agree that this Release covers all activities and each and every time I am doing any activity run or sponsored by 40 Tribes, without requiring me to sign another form for each new activity.

8. I agree to fully defend, indemnify, and hold harmless 40 Tribes from any lawsuits or claims brought by any third persons that involved, in any manner, my actions or inactions.

9. By signing this, I represent that I am at least 18 years of age, or, that my parent or legal guardian is also signing this document along with me. If I am signing as the parent or legal guardian, I represent that I am the legal parent or legal guardian of the minor participant.

10. If I am signing as the parent or guardian, I agree that I am signing this on behalf of the minor. I further agree that both I and the minor are bound by all the terms of this Release, and both I and the minor are considered “I” and “me” in all the clauses of this Release.

11. I further release and give up any and all claims and rights that I may now have against 40 Tribes, including those which I am not aware, those not mentioned in this release, and those resulting from anything which has happened up to now.

12. I agree that any and all claims for damages, injury, or death against 40 Tribes or related to this Release in any way shall be governed by Colorado law, and the exclusive jurisdiction of any such claim shall be in Federal Court for the State of Colorado, USA or in Boulder County Colorado District Court, USA.

13. This Release is binding to the fullest extent permitted by law. If any provision of this Release is found to be unenforceable, the remaining terms shall remain enforceable. I agree that this Release shall be binding upon my assignees, subrogors, heirs, next of kin, executors, and personal representatives. And, I agree that they cannot bring any claim or action against 40 Tribes and in such circumstances they are also considered “I” and “me” in all the clauses of this Release.

14. I have read and fully understand the terms of this Release. I confirm that I voluntarily agree to the terms of this Release and I voluntarily agree to participate in the activities.