VOLUNTARY PARTICIPATION ACKNOWLEDGEMENT AND ASSUMPTION OF RISK

AND WAIVER OF LIABILITY

The undersigned individual (referred to hereinafter as “I” or “me”) hereby affirms that I, and/or, if I am the custodial parent or legal guardian of the minor child identified below (the “Minor”), the Minor, desire to participate in, and/or permit the Minor to participate in, the guided fly fishing and related activities (together, the “Activity”) provided by Colorado Fly Fish, LLC, a Colorado limited liability company (the “Company”) subject to the terms and conditions set forth in this Voluntary Participation Acknowledgement and Assumption of Risk and Waiver of Liability (this “Release”). By signing below, I represent and warrant that I have the legal right to enter into this Release on behalf of the Minor, if applicable. In consideration of the Company’s allowing myself and/or the Minor to participate in the Activity, and in recognition of the Company’s reliance hereon, I hereby voluntarily, knowingly, and willingly accept and assume, on behalf of myself and/or on behalf of the Minor, as applicable, all risks and liability in participating in the Activity, and I hereby further agree, on behalf of myself and/or the Minor, to all the terms and conditions set forth in this Release.

I understand that the Company has taken reasonable precautions to provide proper organization, supervision, instruction, and equipment for the Activity; however, the Company does not and cannot guarantee absolute safety. Also, I understand that I and/or the Minor share the responsibility for behaving safely during the Activity. I will make the Company aware of any questions or concerns regarding my understanding and/or the Minor’s understanding of safety standards, guidelines, procedures, and my and/or the Minor’s ability to participate in the Activity at any point. I further understand that risks involved in outdoor programs such as the Activity include but are not limited to loss or damage to personal property, injury, permanent disability, fatality, exposure to inclement weather, slipping, falling, insect or animal bites, being struck by falling objects, immersion in cold water, hypothermia (cold exposure), hyperthermia (heat exposure), and severe social or economic losses that may result from any such incident. Additionally, I understand that such accidents or illnesses may occur in remote areas without easy access to medical facilities or while traveling to and from different sites. Finally, I understand that a complete listing of inherent and other risks involved in the Activity is not reasonably possible, and that there may be other risks not known to me or not reasonably foreseeable at this time.

I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I AND/OR THE MINOR MAY SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN, AND/OR I AM VOLUNTARILY ALLOWING THE MINOR TO PARTICIPATE IN, THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED, AND HEREBY AGREE TO ACCEPT AND ASSUME ON BEHALF OF MYSELF AND/OR THE MINOR ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM MY AND/OR THE MINOR’S PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

I further hereby expressly waive and release on behalf of myself and/or on behalf of the Minor any and all claims, now known or hereafter known, against the Company, and its managers, employees, volunteers, representatives, agents, affiliates, members, successors, and assigns, and any other persons or entities acting on behalf of the Company (collectively, “Releasees”), on account of injury, disability, death, or property damage, arising out of or attributable to my and/or the Minor’s participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to, on my and/or the Minor’s behalf, make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims on behalf of myself and/or on behalf of the Minor. For the avoidance of any doubt, this Release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Colorado law does not permit to be released by agreement.

I shall, on behalf of myself and/or on behalf of the Minor, defend, indemnify, and hold harmless the Company and Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind or nature, including attorney fees, expenses, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to my and/or the Minor’s participation in the Activity, including any claim related to my and/or the Minor’s own negligence or the ordinary negligence of the Company.

I hereby consent for myself and/or the Minor to receive medical treatment deemed necessary if I am and/or the Minor is injured or requires medical attention during my and/or the Minor’s participation in the Activity. I understand and agree that I am solely responsible for all costs related to any medical treatment for myself and/or for the Minor and any related medical transportation and/or evacuation. I hereby, on behalf of myself and/or on behalf of the Minor, release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.

This Release constitutes the sole and entire agreement of the Company, the Minor, if applicable, and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. I understand that this Release may be executed in counterparts and by facsimile or electronic image and that each counterpart shall constitute an original. This Release is binding on and shall inure to the benefit of the Company, the Minor, if applicable, and me, and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Denver County, Colorado, and I hereby consent on behalf of myself and/or on behalf of the Minor to the exclusive jurisdiction of such courts.