IMPORTANT. READ CAREFULLY. This document affects your legal rights. It must be signed by you,  the “Participant”, whether you are an adult or minor, if you are renting or otherwise using equipment or participating in  activities offered by All Earth Eco Tours and (referred to in this document as “Provider”). It must be signed also  by your parent or guardian if you are a minor Participant (under 18 years of age.) The parent or guardian agrees to these terms  individually and on behalf of the minor. Only a parent or legally appointed guardian may sign for a minor Participant.  References in this agreement to “I” or “we” include all who sign below unless otherwise clearly indicated. PARTICIPANT AGREEMENT 

(Including Acknowledgment and Assumption of Risks, Agreements of Release and Indemnity, and Additional Provisions) In  consideration of the opportunity to rent or otherwise use certain equipment and/or participate in activities offered by Provider, Participant (adult or minor), and the parent or guardian of a minor Participant, understand, acknowledge and agree as follows:

Activities, Hazards and Risks

The services of Provider may include renting equipment and providing trips (including guided trips) by raft, tube, canoe or  kayak (referred to, collectively, as watercraft), trips and activities offered also to include arts and crafts workshops, yoga classes,  guided hikes, and tours, snowshoe hikes, campfire programs, orienteering, and team building programs. Activities, scheduled  and unscheduled, associated with these services may include, in addition to travel by water, swimming, wading, hiking,  climbing on rocks and slopes, camping, portaging, stretching, dancing, farm camp activities, and (carrying the water craft  between water travel sites) and travel to and from the activities.  

The hazards and risks (together referred to as “risks”) of the use of the watercraft include the following: entering, exiting and  operating the watercraft; water which may be fast, deep, cold, and subject to rapid change; objects which may be encountered in  and out of the water, and which may not be obvious, including debris, trees, rocks, boulders, dams, bridges, and other hazards;  the watercraft may overturn, swamp and sink and occupants may become separated from the craft; feet and other parts of the  body may become entrapped in or under rocks and other objects; participants may strike or be struck by objects, other  watercraft, and other persons, in and outside of the watercraft. Risks of other activities include those associated with camping,  hiking, yoga classes, arts and craft workshops, campfire programs, snowshoeing, orienteering, team building programs, and  moving on and over terrain, including the shoreline, the premises of Provider and others, and elsewhere, which may be unstable,  steep and slippery and where rocks, trees, and other objects may fall, and man-made and natural structures may fail; animals,  including poisonous reptiles, and poisonous plants may cause harm; swimming in unfamiliar surroundings may cause  entrapment, injury from slips and falls and drowning. Other risks include errors in judgment of Provider’s staff and other  participants, including the improper assessment of capabilities and conditions pertaining to the activities; certain activities may  be instructional, and designed to extend the skills of participants; equipment may be misused or may fail because of  manufacturing defects or otherwise; collisions may occur while traveling by vehicle to and from the activities; the activities are  subject to the unpredictable forces of nature, including exposure to the sun, cold, wind, hail, lightning, flash floods and other  such phenomena; activities may take place in remote places, significantly delaying emergency medical care and evacuation. 

Participant, and the parent or guardian of a minor Participant, acknowledge and understand that the description of activities and  risks above is not complete and that all activities, whether or not described, may be dangerous and may include risks which are  inherent and cannot be reasonably avoided without changing the nature of the activity. Participation in the activities can cause  bites, stings, allergic reactions, overexertion, heat stroke, bhypothermia, illness due to contaminated water, burns, cuts, bruises,  strains, broken bones, and other injuries and illnesses. Property loss, and serious injury and death, including by falling and  drowning, are possible.  

Provider has made no effort to determine, and accepts no responsibility for, medical, physical or other qualifications or the  suitability of Participant, or other participants, for the activities. Client, and the parent or guardian of a minor Participant,  accepts full responsibility for determining Participant’s medical, physical or other qualifications or suitability for participating  in the activities. Provider is not responsible for the water conditions, routes, camp sites, or other activities of renters of its  equipment. Certain activities may be conducted by independent contractors hired by Provider. These contractors are not trained  or supervised by Provider and Provider has no control over them and accepts no responsibility for their conduct. Alcohol will,  and other substances may, impair judgment and reduce a participant’s ability to effectively manage the risks of water travel,  camping and land activities; participants should inspect unfamiliar rapids and other hazards before attempting to pass through or  over them; participants should always wear a fastened life jacket (personal floatation device); participants should wear footwear  which will provide protection from sharp objects, and which will minimize the risk of foot entrapment.

Failure to adhere to  these and other safety precautions may result in serious injury or death.

Acknowledgment and Assumption of Risks I , the Participant (adult or minor) and the parent or guardian of a minor  Participant, understand the nature of the services of Provider and other activities which may occur, and their risks. I acknowledge and expressly assume all risks of the activities, whether or not described above, known or unknown, and inherent  or otherwise. I take full responsibility for any injury or loss, including death, which I, or a minor child for whom I sign, may  suffer, arising in whole or part out of such activities. 

Agreements of Release and Indemnification, and Additional Provisions 

If I am an adult participant, or the parent or guardian of a minor participant, I agree, for myself and on behalf of the minor  participant for whom I am signing, as follows: I release Provider, it’s employees, contractors, volunteers, directors and owners  (“Released Parties”) from any and all claims of injury or loss which I, or the minor child for whom I sign, may suffer, arising  out of or in any way related to my, or the child’s, enrollment in or participation in the activities of Provider or the use of its  equipment. Neither I, the minor child, nor anyone acting on our behalf, will bring suit or otherwise assert any such claims  against a Released Party. I will indemnify (that is, defend and satisfy by payment or reimbursement, including costs and  attorneys’ fees) each Released Party from any claim of liability, including one brought by or for a minor child for whom I sign,  a coparticipant in any of the activities of Provider, a rescuer, a member of my, or the minor child’s, family, or anyone else,  asserting a loss arising out of or in any way related to my, or the child’s, enrollment in or participation in the activities of  Provider or the use of its equipment. The agreements of release and indemnification above include claims arising in whole or in  part from negligent (but not grossly negligent, reckless or intentionally wrong) acts or omissions of Released Parties or any of  them, and all other claims, including for personal injury, wrongful death, property damage, products liability (including strict  liability), breach of contract or warranty, or otherwise. The agreements are intended to be enforced to the fullest extent allowed  by law, and to be binding on me as Participant and on me as parent or guardian of a minor Participant, individually and on  behalf of the minor for whom I sign. 

Additional Provisions I authorize Provider to provide or obtain for me, or the minor child for whom I sign, such  medical care as it considers necessary and appropriate, and I agree to pay all costs associated with such care and related  transportation. Any dispute between Provider and me or the minor child for whom I sign will be governed by the substantive  laws of the State of Maryland (not including laws which might apply the laws of another jurisdiction), and any mediation or suit  shall take place only in that State, in the County of Garrett. If the dispute cannot be resolved by mutual agreement, I agree to  submit it to a mediator recognized by the Courts of that State and County. I agree to pay all costs and attorney’s fees incurred by  Provider in defending a claim or suit brought by me or by or on behalf of the minor for whom I sign, if the claim or suit is  withdrawn or to the extent a court or mediator determines that Provider is not responsible for the claimed injury or loss.

This agreement is entered into voluntarily, and after careful consideration. Its terms cannot be amended except in writing. I understand that it is binding, to the fullest extent allowed by law, upon all persons signing below, our respective heirs, executors,  administrators, wards, minor children (whether or not they are Clients) and other family members. If any part of this  agreement is found by a Court or other appropriate authority to be invalid, the remainder of the agreement  nevertheless shall be in full force and effect.