The safety and well-being of our students and participants is of paramount importance to the President and Fellows of Middlebury College (“Middlebury”). All reasonable care and precautions are taken to ensure a safe, fun, and rewarding educational and learning experience. The following acknowledgement and release are an important reminder to parents, students, and participants to be sure that they are properly prepared for and fully aware of the potential risks inherent in the participation of any activity that Middlebury sponsors.

This is a release of your legal rights. Review this document carefully and make sure you understand it before signing. This document is a contract between you and Middlebury. Please keep a copy for your records.

In consideration of my participation in the above-described Activity, I hereby acknowledge and agree to the following:

I desire to participate in the above-described Activity. I understand, fully appreciate, and am willing to accept the dangers, hazards, and risks inherent in the Activity, which dangers include, but are not limited to, the possibility of injury or illness, including serious injury, paralysis or death, as well as property damage, loss or theft. Some of the risks which may be present or occur include, but are not limited to, equipment failure, the forces of nature (including, but not limited to, lightning, major storms and strong sun), the physical exertion associated with the Activity, injuries inflicted by animals, insects, or plants, the hazards of travelling in rough terrain or climbing equipment, including falling, and activities by criminals and the negligent actions of others. I understand that I am not required to participate in this Activity, but I want to do so, despite the potential dangers, hazards, and risks.

I hereby agree to abide by all rules and policies of Middlebury, including instructions governing this Activity, as well as all applicable local, state, federal, and foreign laws, and will follow all of Middlebury’s behavioral

expectations. I understand that a violation of any Middlebury policy may lead to immediate dismissal, as may other conduct, as determined by the employees, agents or otherwise of Middlebury. I acknowledge that I am responsible for my own behavior, and I am solely liable for my own negligent acts. I further understand that I will be a member of a group and that I will conduct myself in a way that does not endanger or aggrieve either myself or the group. Middlebury and the OLD MONTEREY FOUNDATION are not responsible or liable for any loss of personal property whatsoever.

I hereby affirm that I have no health-related condition that would preclude or restrict my participation in this Activity, and I agree that, if any such conditions develop prior to the start of the Activity, I will inform Middlebury about them prior to my being allowed to participate in the Activity. If I am unable to participate in the Activity due to any emergent health reason, I must immediately notify Middlebury.

I am not relying on Middlebury or OLD MONTEREY FOUNDATION to supervise or control my participation in the activities associated with this Activity, or to warn me of every possible danger associated with it. I understand I am solely responsible for assessing my own skills and abilities to participate safely in the Activity and agree to do so. Knowing the dangers, hazards and risks and in consideration for being allowed to participate, on behalf of myself, my family, estate, heirs, executors, administrators and assigns, I hereby accept all dangers, hazards and risks that may result from my participation in the Activity, and I hereby release Middlebury, its employees and agents, as well as OLD MONTEREY FOUNDATION, from any and all claims, suits and expenses for loss of or damage to my property and for any illness or injury to me, including my death, that may result from or occur during my participation in the Activity, whether caused by the negligence of Middlebury, the OLD MONTEREY FOUNDATION, their employees or agents, or otherwise. However, I shall not be obligated to so indemnify Middlebury or the OLD MONTEREY FOUNDATION in the event they are proven to be solely negligent. I understand that by signing this form, I am waiving any right I (or anyone else on my behalf) might otherwise have to sue Middlebury or the OLD MONTEREY FOUNDATION for injuries or losses arising from my participation in the Activity, including claims for negligence on the part of Middlebury, the OLD MONTEREY FOUNDATION, their employees, agents or otherwise, to the fullest extent allowed by law.

I further agree to indemnify and hold harmless Middlebury, the OLD MONTEREY FOUNDATION, their employees and agents, from all liability, claims, suits, and expenses that may arise out of my own negligent or intentional acts or omissions, while participating in the Activity, and I assume full responsibility for my own actions.

I understand and agree that if any portion of this document is deemed unenforceable, all other provisions will remain in full force and effect.

I understand and agree that no oral representations or statements by Middlebury, OLD MONTEREY FOUNDATION, or their representatives will effectively alter the acknowledgments, agreements and representations stated above.

I understand that this document shall be governed and construed in accordance with the laws of Vermont, and any litigation that I may pursue in regards to this document shall be brought within the State of Vermont, Addison County.

I HAVE CAREFULLY REVIEWED THIS “GENERAL RELEASE AND ACKNOWLEDGEMENT OF RISK” AND I HEREBY CONFIRM MY UNDERSTANDING OF ITS CONTENTS AND AGREE TO BE BOUND BY ITS TERMS AS A CONDITION OF MY PARTICIPATION IN THE ABOVE ACTIVITY.

I AFFIRM THAT I AM 18 YEARS OF AGE OR OLDER.