PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Thrill Hills, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "THRILL"), I hereby agree to release, indemnify, and discharge THRILL, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1. I acknowledge that my participation in skiing, snowboarding, snow tubing and sledding activities entails known and unanticipated risks that could result in

physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

The risks include, among other things: slips and falls; hidden obstacles by snow, ice and snow cornices, tree wells, tree stumps, creeks rocks and boulders, below the snow surface; loss of control loss or damage to equipment being used; collision with other people, equipment, manmade or natural obstacles, or fixed or movable objects; traveling in forested areas, rugged terrain, or inclement weather; exposure to elements, altitude, and cold including hypothermia, frostbite, acute mountain sickness, exhaustion, cerebral and pulmonary edema; steepness of slopes, snow depth, instability of snow pack or varying and difficult weather; riding on uneven snow covered terrain, changing snow conditions and variations in elevations; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; equipment failure and/or operator error; unavailability of immediate medical attention in case of injury; accidents or illness can occur in remote places without medical facilities; my own physical condition, and the physical exertion associated with this activity.

Furthermore, THRILL personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I agree to wear a properly fitted and secured helmet while participating in this activity.

3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless THRILL from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of THRILL 's equipment or facilities, including any such claims which allege negligent acts or omissions of THRILL.

4. Should THRILL or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

6. In the event that I file a lawsuit against THRILL, I agree to do so solely in the state of North Dakota, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against THRILL on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at THRILL. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

(Must be completed for participants under the age of 18) being permitted by THRILL to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless THRILL from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.

(print minor's name) ("Minor")

I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Thrill Hills (hereinafter collectively referred to as "THRILL"), that we should purchase and/or wear a properly fitted and secured helmet while participating in snow tubing and sledding activities in order to reduce the severity of some of our head injuries and to possibly prevent my/our death from happening as the result of a fall(s) or any other occurrence associated with this activity. We realize that we are subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of THRILL, the guide/instructor, numerous court cases and THRILL's insurance company, we are refusing this critical safety precaution.

I/we the undersigned, have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks.