MOXIE MOUNTAIN GUIDES: ACKNOWLEDGMENT & ASSUMPTION OF RISKS AND RELEASE & INDEMNITY AGREEMENT

Adult Participant or Parent/Legal Guardian of a Minor Participant

Please read this entire Acknowledgement & Assumption of Risks & Release and Indemnity Agreement ("Document") carefully before signing. The adult participant (the term "participant" includes any volunteer) must sign this Document. If participant is a minor (under 18 yrs. of age; "minor" or "child"), one of the participant's parents or legal guardians (collectively "parent") must sign. In consideration of the services of Moxie Mountain Guides LLC (also referred to in this Document as "MMG"), in allowing me/my child to participate in a MMG program ("program"), I (adult participant or parent) acknowledge and agree as follows:

ACTIVITIES ON FEDERAL LANDS: Some federal land agencies may have restrictions, such as prohibiting service providers from seeking releases of liability for their own negligence when operating under permit on those federal lands. To the extent a court or arbitrator determines, as a matter of law, that these federal restrictions prohibit me from agreeing to any clause below, that clause will not be enforced. Despite this provision, some agency officials may require you to sign a separate Acknowledgment of Risk (duplicating part of what is already contained here) and hence, we may ask you to sign that form as well.

ACTIVITIES, RISKS AND ACKNOWLEDGMENT AND ASSUMPTION OF RISKS: Participating (whether attending, observing, actively participating in and/or assisting with) MMG instructional, adventure and/or recreation program activities include risks. Activities may be day or multi day (including overnights), take place on public or private lands in Colorado and/or other U.S or international locations and may be led and/or assisted by MMG guides, volunteers or other representatives, contractors, participants, or others. Activities may include, but are not limited to: hiking or backpacking, including peak ascents, climbing or bouldering indoors (including in climbing gyms) or outdoors on artificial surfaces, ice or natural rock/terrain, including alpine, multi-pitch or expedition climbing (and use of via ferrata and ice park facilities), all of which can include top-roping, belaying and rappelling and use of ropes, harnesses, ice axes, crampons and/or other technical gear; snowshoeing and backcountry skiing; camping and campfires; outdoor cooking; interactive games and other sporting activities; service projects; avalanche education and outdoor/leadership skills; socializing; use of any equipment, facilities or premises (including backcountry huts, yurts or other accommodations) and transportation in vans and/or other vehicles to, from or during activities; and if I am assisting, my assistance may include (e.g conducting activities, supervising, instructing, transporting participants, preparing meals or otherwise (collectively referred toin this Document as "activities" Activities may be scheduled or unscheduled, structured or unstructured, supervised or unsupervised and include activities undertaken during participant's free and/or independent time. I acknowledge that the inherent and other risks, hazards and dangers (sometimes collectively referred to in this Document as "risks") of the activities can cause injury, damage, death or other loss to participant or others. The parent of a minor gives permission for their child to participate in all activities and agrees to discuss the nature of the activities and risks with their child. The following describes some, but not all of the inherent risks:

Outdoor environment. Travel and participation in activities in high altitude (up to or above 17,000 mountainous, wilderness, glacial or desert terrain both on and off trail and on land or water. Participant may experience storms, including rain, lightning, snow or ice; strong winds; rapid and unpredictable weather changes; climate related dangers such as fast moving fires and associated smoke, prolonged poor air quality and extreme temperatures; fast moving rivers or other water bodies; extremely hot (including geothermal) or cold weather or water; difficult water, ice or snow crossings; flashfloods; falling or slippery rocks; boulder fields; falling or fallen timber; snow, mud or rock slides, including avalanches; stinging, venomous and/or disease carrying animals, insects, microorganisms, or contaminants - on land, in water or otherwise; poisonous plants; aggressive or unpredictable wild or domestic animals, intense sun exposure and other natural or man-made hazards. Hazards (both on land and above and below water level) may not be marked or visible.

Climbing: Slipping and falling partway or to the ground; spotter, belayer or lead climber inattention or error; abrasions, burns, cuts, pinches, jolts, entanglement and other trauma; impacting an ice or rock face, rock wall, boulder, cable, other objects or people; encountering loose or damaged climbing holds, bolts or ice surfaces or losing grip on an ice axe or climbing hold; equipment failure or misuse; being impacted by falling ice, snow, rock or other objects, equipment or people; and experiencing a fear of heights or other phobias.

Recreation or physical activities. Activities can involve moderate to challenging physical exertion including, but not limited to, repetitive use of participant's arms, legs, or other body parts and lifting, pushing, carrying weight, belaying, rappelling, and strength or cardiovascular exercise, which may require fitness and endurance. Participants may overestimate their abilities or fitness, be inattentive, lose control of their bodies or equipment, fail to navigate steep, uneven or difficult terrain, experience equipment malfunction, fall, or collide with other people, the ground, ice, rocks, or trees or encounter other water/terrain/road/trail hazards. Activities can, among other things, cause surges in blood pressure and pulse rates, and participants can experience stress or anxiety.

Judgment and decision making. Individuals, including participants, must make various judgments and decisions in changing environments which are, by their nature, imprecise and subject to error. Risks include that a MMG guide or volunteer, a participant or other person, may misjudge their own,a participant's or others' capabilities, health or physical condition, or any aspect of travel/route, instruction, medical care, weather, terrain, ice/snow conditions or other issue.

Personal health and participation. Participant's mental, physical (including fitness level) or emotional condition (including any use or abuse of alcohol or prescription or non-prescription drugs), disclosed or undisclosed, known or unknown, combined with participation in the activities includes risks. Although MMG will review any submitted health information, MMG cannot anticipate or eliminate risks or complications posed by participant's condition. NOTE: There are risks associated with contact with other persons, spaces, equipment, food, water or otherwise, including the risk of a participant, guide or other persons' carrying, being infected by or contracting COVID-19 (via the Sars-COV-2 virus; collectively "COVID-19") or other (e.g disease, virus or bacteria before, during or after a program and/or transmitting it to others, including vulnerable and at risk populations.

U.S. or international travel. Travel can involve unique risks, such as political unrest, terrorism, contact with common or rare diseases (including COVID-19), viruses or bacteria, exposure to contaminated food or water, dangerous road or travel conditions, thievery, abduction and other risks. Participants may be subject to laws and legal systems that do not provide the same protections as the U.Sor the participant's country of residence) legal system. NOTE: Although MMG staff consider current geo-political climates in choosing locations, staff are not experts in assessing the likelihood of terrorist activity, political unrest, health threats, the need for vaccinations or other issues. Any of these factors involve risks such as sudden closing of borders, in country quarantines, varying or inconsistent global or in country (US or otherwise) travel advisories and/or cancellation or termination of air, ground or other travel into, through or out of a location, etc. Participant (and the parent of a minor) is responsible for conducting their own independent investigation through the U.S. State Department, U.S. Centers for Disease Control, World Health Organization or other sources.

Geographic location. COVID-19 uncertainties, remote locations, (sometimes several hours or over a day from medical facilities), changing climate issues or other factors may increase or exacerbate risks and/or cause delays or difficulties in communication, travel/transport, evacuation and medical care (including, in the case of COVID-19, lack of critical care medical equipment such as ventilators Other delays can result if transport is required between countries/back to the U.S. for medical care. MMG guides or others may have wireless communication devices, but their use in any location is unreliable and inconsistent.

Equipment. Equipment used in activities may be misused, may not fit or may break, fail or malfunction. This includes participant's personal equipment, MMG equipment or any other equipment. Participants choosing to bring and use their personal equipment assume full responsibility, along with the parent of a minor, for choosing appropriate equipment and for its fit and condition. Safety gear (required or used for some activities) may prevent or lessen injuries in some instances; however, use of this gear is not a guarantee of safety, and injury can occur even with the use of this gear.

Cooking, living, camping or other accommodation. Risks include gas explosion, scalding or other burns associated with tending to, cooking over or being near a stove or open fire; allergic reaction and/or food or water contamination from any source; high winds, falling trees and/or branches, floods, wildlife disturbances, sharing space or facilities with unknown parties and lack of privacy and security.

Free time. Participants will have free and/or independent unsupervised time during, before or after the start of a program. This may include periods of free time, or family/participant personal time alone while engaged in independent activities. MMG representatives may provide information to individuals and families regarding recreation opportunities or areas available during free time, or provide transportation to and from locations; however, participant and a minor's parent/chaperone are solely responsible for their (and the minor's, if any) conduct, supervision and activities during this free and/or independent time.

Conduct and interactions with others. Risks include that the participant, other participants or other people may act carelessly or recklessly. Risks of interactions with others include bullying, inadvertent touching, unwanted sexual advances or contact, harassment and others' alcohol or drug use. The inherent risks - and any other risks - may result in participants: slipping or falling partway or falling to the ground or into the water, snow, ice or rock; being struck by, colliding with or impacting objects, people, vehicles, animals or the bottom of a water body; experiencing vehicle collision or rollover; reacting to high altitudes, weather conditions or increased exertion; becoming lost or disoriented; suffering gastro-intestinal complications, allergic reactions or negative effects of environmental contaminants; being exposed to, contracting and/or transmitting to others human/animal/insect/other borne infectious, communicable and/or contagious diseases (whether via viruses, bacteria or other microorganisms), such as COVID-19, or experiencing other problems. These and other circumstances may cause heat or cold related illnesses or conditions (including hypothermia, hyperthermia, cold water immersion, frostbite or heat exhaustion/stroke), dehydration, hyponatremia, drowning or suffocation, high altitude sickness (i.e. High Altitude Pulmonary or Cerebral Edema), heart or lung complications, broken bones, paralysis or other permanent disability, mental or emotional trauma, concussions, sunburn or other burns, infections, illnesses, cuts, wounds or other injury, damage, death or loss.

I (adult participant or parent) agree:

• to review all information received, accurately complete all required forms, abide by the terms of those documents and obey all rules and other policies;
• MMG representatives are, and have been, available should I have further questions about the activities or associated risks; If participant is using, renting or purchasing new or used equipment from MMG, the equipment comes "AS-IS," and MMG disclaims all warranties, express or implied (including any conditions of merchantability or fitness for a particular purpose) regarding the equipment; the information provided above or otherwise is not complete, other unknown or unanticipated activities, risks, and outcomes may exist, and MMG cannot assure participant's safety or eliminate any of the risks. At all times, participants share in the responsibility for their own and the group's well-being;MMG may contract with independent contractors (not their employees or agents) to provide or conduct some of the services and activities participants will engage in. MMG does not supervise or control these contractors and is not legally liable or responsible for their conduct. In addition, activities may take place on premises or at facilities not owned or controlled by MMG. MMG does not oversee, supervise, or take responsibility for any aspect or condition of these independent services, activities, facilities or premises;
• participant is voluntarily participating with knowledge of the risks. Therefore, participant and parent of a minor assume and accept full responsibility for the inherent and other risks of the activities (known and unknown, identified or not) and for any injury, damage, death or other loss suffered by participant (and parent) resulting from the risks, including the risk of participant's own negligence or other misconduct. Participant/parent further agree to assume and accept any increased risks to the participant, parent or others related to participant participating in an MMG program in the midst or wake of the COVID-19 Pandemic.

DISCLOSURE: I have disclosed online (or agree to disclose in writing to on-site staff if an online opportunity was not provided) any mental, physical or emotional condition/s or limitation/s that may affect my/my child's participation, necessitate care, or potentially affect the health or well-being of me/my child or others in the program, including any adaptation/s or restriction/s I consider appropriate or necessary. If I have not disclosed online or in writing on site, MMG will conclude participant has no such condition/s or limitation/s. I agree participant is fully capable of participating without causing harm to themself or others.

RELEASE AND INDEMNITY AGREEMENT: Please read carefully. This Release and Indemnity Agreement contains a surrender of certain legal rights. I (adult participant, or parent for myself and for and on behalf of my participating minor agree) agree:

1) to release and agree not to sue Moxie Mountain Guides, LLC., and its owners, members, managers, officers, directors, employee guides, other employees, or agents (hereafter individually and collectively the "Released Parties") with respect to any and all claims, liabilities, suits or expenses (including attorneys' fees and costs) (hereafter "claim" or "claim/s"), for any injury, damage, death or other loss in any way connected with my/my child's enrollment or participation in the program and/or activities. I understand I agree here to waive all claim/s I or my child may have against the Released Parties, bind my/my child's estate and any family member/heir/other party bringing claim/s and agree that neither I, my child, nor anyone acting on my or my child's behalf, will make a claim against the Released Parties as a result of any injury, damage, death or other loss suffered by me or my child;

2) to defend and indemnify ("indemnify" means protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me or my spouse, my participating child, my/my child's other family member/s, heir/s or estate, a co-participant or any other person or entity for any injury, damage, death or other loss in any way connected with my/my child's enrollment or participation in the program and/or activities. This includes but is not limited to any claim/s brought by a medical care provider, insurer or other third party as a result of medical or other care or services provided to the participant, including transportation and evacuation costs.

This Release and Indemnity Agreement includes claim/s of or resulting from the Released Parties' negligence (but not any of their gross negligence or willful and wanton conduct) and includes claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or warranty or any other claim.

OTHER PROVISIONS: I (adult participant or parent) agree:

• Colorado substantive law (without regard to its "conflict of laws" rules) governs this Document, any dispute I or my child have with the ReleasedParties and all other aspects of my or my child's relationship with the Released Parties, contractual or otherwise, and agree that any lawsuit or other legal proceeding must be filed or entered into only in Ouray County, Colorado which shall be the sole jurisdiction and venue for any such proceeding. I agree to first attempt to settle any dispute (not settled by discussion) through mediation before a mutually acceptable Colorado mediator;
• I authorize MMG and/or other medical personnel to obtain or provide routine or emergency medical care for me/my child, to transport me/my child to a medical facility and to provide treatment they consider necessary for my/my child's health. I agree to the release (to or by MMG) of any medical records Image/Statement necessary for treatment, referral, billing or insurance needs. I agree to pay all costs associated with that care and transportation; Image/Statement/Authorization: I authorize MMG staff or its designees to photograph, film, record and/or otherwise capture the name, image, voice, verbal or written statement, photograph and/or visual likeness (collectively "images") of me/my child, without compensation, for use in any media throughout the world in perpetuity, including for sale, reproduction or display on the internet, in publications and/or for any informational, promotional or other use. MMG owns these images and I waive any inspection or approval rights;

Optional: If you do NOT agree to the Image/Statement Authorization above, please check here ____ "no images"

• I (parent) agree that if my status as a minor's parent is challenged or found invalid, at any point, I agree to release, indemnify, defend and agree nottosue the Released Parties to the fullest extent allowed by law and per the provisions of this Document, just as if I were the child's legal parent; MMG reserves the right to dismiss any participant, if, in their sole discretion, participant presents a safety concern or medical risk, is disruptive or otherwise conducts themselves in a manner detrimental to the program and/or activities. If participant is dismissed or departs for any reason, participant (and his/her family)are responsible for all costs of early departure whether for medical reasons, illness, dismissal, personal emergencies or otherwise; This Document is effective in regard to the participant's enrollment or participation in all activities from the date signed until a subsequent MMG Acknowledgment and Assumption of Risks & Release and Indemnity Agreement is signed by the participant (or parent of a minor), and shall remain in full force and effect for all activities completed by the participant up until that point;
• this Document is intended to be interpreted and enforced to the fullest extent allowed by law. If any part of this Document is found unlawful or unenforceable, it shall not affect the enforceability of the remainder, and those remaining provisions shall continue in full force and effect.

Adult participant or parent agree: I have carefully read, understand and voluntarily sign this Document, and acknowledge that it shall be effective and legally binding upon me, my spouse, participating minor child and other children, and my/my child's other family members, heirs, executors, representatives, subrogees, assigns and estate. The adult participant or the parent of a minor participant must sign below. I agree my signature is valid and legally binding whether I choose to electronically sign or manually sign a printable version of this Document.

(Parent of a minor: please print the legal name and birthdate of your participating child)