INTRODUCTION
Please read this entire Acknowledgment and Assumption of Risks & Release and Indemnity Agreement (hereafter 'Document') carefully before signing. This Document must be signed by: (1} one or both parents or legal guardians (collectively referred to in this Document as 'parent/s') of all participants under the age of 18 (sometimes referred to in this Document as 'minor/s' or 'child' or 'children'}; and (2) all minors 15 years of age or older. Parent/s may print the name/s of his or her participating child/children 15 years of age or under. 'We' refers to participant/s and parent/s of the participant/s.
In consideration of the services of Fripp Island Resort, Inc. and its owners, officers, directors, employees, representatives, agents, interns, contractors and parent or holding companies (collectively referred to in this Document as 'Fripp Island Resort'), we acknowledge and agree as follows:
ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
Fripp Island Resort educational and/or adventure and recreation activities for children (including but not limited to activities associated with Camp Fripp and Kid's Night Out) can occur on or off Fripp Island Resort premises, and can be conducted by Fripp Island Resort staff or contractors. These activities include, but are not to be limited to: classroom activities; bicycling; hiking or walking; canoeing or kayaking; crabbing; ocean seining; swimming; golf; tennis; sports or other games; field or special trips or activities; crafts; wildlife and nature observation; scenic cruises; and travel in vans, buses, boats and other vehicles to and from Fripp Island Resort or otherwise (collectively referred to in this Document as 'activities'). Activities may be scheduled or unscheduled, structured or unstructured, and include free time. We acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Document as 'risks') of these activities can cause injury, damage, death or other loss to participant/s or others. Parent/s gives permission for his or her child/children to participate in all Fripp Island Resort activities and agrees to discuss the nature of these activities and risks with his or her child/children. The following describes some, but not all of those risks:
Risks present in an outdoor environment. The risks include lightning; strong winds; severe storms, including hurricanes; dangerous ocean waves, currents, tides or undertow; heavy rain; fast moving rivers or other water bodies; extremely hot weather; stinging, venomous or disease carrying animals or insects; poisonous plants; wild animals, including alligators; and other natural or man-made hazards. Hazards (on, above and below water or ground level} may not be marked or visible and weather is unpredictable year round.
Risks connected with geographic location. Activities may take place in more remote places, an hour or more from medical facilities, causing potential delays or difficulties with communication, transportation, evacuation and medical care.
Risks associated with transportation. Travel can be on foot or by vehicle, boat or other means and can be over rough and unpredictable terrain or by oceans or rivers, with wind, rain or other adverse weather conditions.
Equipment risks. The risks that equipment used in an activity may be misused or may break, fail or malfunction. Fripp Island Resort requires helmets, life jackets and other safety gear for some activities. Safety gear may prevent or lessen injuries in some instances; however, use of safety gear is not a guarantee of safety, and injury can occur even with the use of this gear.
Risks involved in decision-making and conduct, including the risk that a Fripp Island Resort staff member, contractor or other person may misjudge a participant's capabilities, health or physical condition, or misjudge some aspect of instruction, medical treatment, weather, terrain, water level, or river and/or terrain route location.
Personal health and participation risks. The risk that the mental, physical or emotional condition (disclosed or undisclosed, known or unknown) of a participant combined with participation in these activities could result in injury, damage, death or other loss. Although Fripp Island Resort staff may obtain some participant health information, Fripp Island Resort cannot anticipate or eliminate risks or complications posed by the mental, physical or emotional condition of a participant.
Risks regarding conduct. The potential that participant/s or other participants or third parties (e.g., driver, rescue squad, hospital) may act carelessly or recklessly.
Risks associated with premises. Slippery walkways, uneven ground, ruts, ponds or other water sources or other conditions may exist in or around Fripp Island Resort.
Other risks that are generally associated with educational and/or adventure and recreation activities.
These and other risks may result in participant/s: falling to the ground or into the water; being struck; impacting objects, people or the bottom of the ocean or other water body; experiencing vehicle or boat capsize, collision or rollover; getting caught or entangled in objects on, above or below water; reacting to weather conditions or increased exertion; becoming lost or disoriented; suffering gastrointestinal complications or allergic reactions or experiencing other problems. These and other circumstances may cause hypothermia, hyperthermia (heat-related illness} dehydration, heat exhaustion or stroke, drowning, heart or lung complications, broken bones, fractures or sprains, paralysis, concussions, cuts, abrasions or wounds, sunburn or other burns, mental or emotional trauma or other injury, damage, death or loss.
We agree:
• To follow all Fripp Island Resort rules and policies;
('I To review all Fripp Island Resort program information and materials received, and understand that Fripp Island Resort staff members are available should we have other questions about the nature and physical demands of these activities or the associated risks;
• If a participant has any mental, physical or emotional conditions or limitations which might affect his or her ability to participate, we
agree to disclose those to Fripp Island Resort, and represent that the participant is fully capable of participating without causing harm to himself or herself or others;
• During both structured and unstructured activities, all participants share the responsibility for their safety;
• Fripp Island Resort staff members or contractors cannot assure participant safety or eliminate any of the risks.
Participant/s is voluntarily participating with knowledge of the risks. Therefore, participant/s and parent/s of minor participant/s assume and
accept full responsibility for the inherent and other risks (both known and unknown) of these activities and for any injury, damage, death or
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other loss suffered by participant/s and parent/s of minor participant/s, resulting from those risks and/or resulting from the negligence or other misconduct of participant/sand/or another or others.

RELEASE AND INDEMNITY AGREEMENT
Please read carefully. This Release and Indemnity Agreement contains a surrender of certain legal rights. I/we (the parent/s of participating minor child/children), for myself/ourselves and for and on behalf of my/our participating minor child/children, agree:
1} To release and not sue Fripp Island Resort with respect to any and all claims, liabilities, suits or expenses, including attorneys' fees and costs (hereafter collectively 'claim/s' or 'claims') for any injury, damage, death or other loss in any way connected with my/our child's/children's enrollment or participation in these activities or use of Fripp Island Resort equipment, facilities or premises. I/we understand I/we agree here to waive all claim/s !/we or my/our child/children may have against Fripp Island Resort, and agree that neither I/we or my/our child/children nor anyone acting on my/our or my/our child's/children's behalf will make a claim/s against Fripp Island Resort, as a result of any injury, damage, death or other loss suffered by me/us or my/our child/children;
2) To defend and indemnify ('indemnify' meaning protect by reimbursement or payment) Fripp Island Resort with respect to any claim/s:
(a) Brought by or on behalf of me/us or a family member for any injury, damage, death or other loss in any way connected with my/our child's/children's enrollment or participation in these activities or use of Fripp Island Resort equipment, facilities or premises; and/or;
{b) Brought by another participant or any other person for any injury, damage, death or other loss to the extent caused by my/our child's/children's conduct, in the course of participating in these activities or ustng Fripp Island Resort equipment, facilities or premises.
This Release and Indemnity Agreement includes claims resulting from Fripp Island Resort's negligence (but not its gross negligence, or willful, wanton or criminal misconduct}, and includes claims for personal injury or wrongful death (including claims related to emergency or medical response, assessment or treatment), property damage, products liability, breach of contract or warranty, claims based upon or arising under admiralty or maritime law and any other claims.

OTHER PROVISIONS
We agree that South Carolina state law {without regard to its conflict of laws rules) governs this Document, any dispute we have with Fripp Island Resort and all other aspect of our relationship with Fripp island Resort. However, if a court determines that U.S. Federal law applies to all or part of our relationship with Fripp Island Resort, we agree that U.S. federal law shall apply, as appropriate, in its place. We agree that any mediation, suit or other proceeding we engage in or assert against Fripp Island Resort must be filed or entered into only in a place of business or state court located in Beaufort County, South Carolina. We agree to attempt to settle any dispute (that cannot be settled by discussion) through mediation before a mutually acceptable South Carolina mediator. Parent/s authorizes Fripp Island Resort staff, contractors or other medical personnel to obtain or provide medical care for participant/s, transport the participant/s to a medical facility, and provide treatment they consider necessary for the health of participant/s. Parent/s agrees to pay all costs associated with that care and transportation. Parent/s agrees to the release (to or by Fripp Island Resort) of any medical records necessary for treatment, referral, billing or insurance purposes. We understand that Fripp Island Resort reserves the right to disallow the participation of any participant that staff believes, in staff's discretion, presents a safety concern or medical risk, is disruptive or conducts himself or herself in a manner detrimental to the activities or other participants. Parent/s authorizes Fripp Island Resort to take and use his or her child's/children's photos, images or statements for advertising, sale, display, or other uses. This Document is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Document is deemed unlawful or unenforceable, it shall not affect the remaining provisions and those remaining provisions shall continue in full force and effect. This Document is effective for the enrollment or participation of each participant in these activities or use of Fripp Island Resort equipment, facilities or premises from the date signed until a subsequent 'Acknowledgment and Assumption of Risks & Release and Indemnity Agreement' for minor participants is signed. All provisions of this Document shall continue to remain in effect following participant participation/use.