ASSUMPTION OF RISK, WAIVER, RELEASE AND INDEMNITY AGREEMENT, LIMITATION OF LIABILITY

IMPORTANT NOTICE: YOUR REGISTRATION IS EXPRESSLY MADE SUBJECT TO THE TERMS AND CONDITIONS OF THE RELEASE AND INDEMNITY AGREEMENT BELOW. PLEASE CAREFULLY READ, SIGN, AND RETURN WITH YOUR DEPOSIT. YOU WILL NOT BE CONFIRMED ON THIS TRIP UNTIL YOU HAVE SIGNED THE RELEASE AND INDEMNITY AGREEMENT.

Each registrant desired to participate in the tour(s) listed thereon. Each registrant knowingly and voluntarily WAIVES, RELEASES, SAVES, HOLDS HARMLESS and INDEMNIFIES, Middle Fork River Expeditions, Sweet Ventures LLC, its agents, servants, employees, shareholders, officers, directors, attorneys, contractors and sub-contractors, past, present, and future, and their respective heirs, legal and personal representatives, successors and assigns (collectively, “Released Parties”), and all of their respective properties, assets and interests (“Released Property”) from any and all claims, actions, causes of action, demands, rights, damages, costs, losses, liabilities, expenses, compensation, controversies, disputes, obligations, debts, dues and liens whatsoever, on account of, or in any way arising out of, any and all known or unknown, foreseen or unforeseen loss of life or personal injury, loss or damage to property, and the consequences thereof, directly or indirectly resulting from, incident to, in connection with, or arising out of that registrant’s participation in the tour(s) (collectively, “Claims”). IT IS MY/OUR INTENTION THAT THIS RELEASE AND INDEMNITY AGREEMENT SHALL APPLY TO ALL OF THE CLAIMS WITHOUT LIMIT AND, TO THE FULLEST EXTENT ALLOWED BY LAW, REGARDLESS OF WHETHER FOUNDED, IN WHOLE OR IN PART, ON ANY NEGLIGENT ACT OR OMISSION OF ANY OF THE RELEASED PARTIES, REGARDLESS OF THE DEGREE OF NEGLIGENCE.

I/We have received and read a copy of the Deposit and Cancellation Policies and Responsibility clause, which are incorporated herein by reference for all purposes, and I/we understand, consent to and agree to be bound by the conditions and provisions stated in those policies and that clause. Except for the health problems disclosed in writing to Released Parties, each registrant is in good physical health and able to tolerate the physical demands of the tour(s).

Middle Fork River Expeditions, LLC, and Sweet Ventures, LLC, acts as an independent contractor for selling travel-related services, or in accepting reservations or bookings that are not directly supplied by Middle Fork River Expeditions, LLC, and Sweet Ventures, LLC, including but not limited to hotel accommodations, air and ground transportation, meals, tours, independent vacation packages, and cruises. Middle Fork River Expeditions, LLC, and Sweet Ventures, LLC, its employees, shareholders, officers, and directors (collectively, “MFRE / SWEET / SWEET”) does not own or operate any entity which is to or does provide goods or services for your trip, including, for example, lodging facilities, transportation companies, guides, food service providers, equipment suppliers, ground and safari operators, etc., including, without limitation, various entities which may utilize the MFRE / SWEET name. Some of these third parties are entities or individuals MFRE / SWEET may be required to deal with by foreign governments. MFRE / SWEET is not responsible for any negligent or willful act or failure to act of any person or entity it does not own or control, nor for any act or inaction of any other third party not under its control.

Although we endeavor to choose the best suppliers available, MFRE / SWEET has no right to control their operations and therefore makes these travel arrangements upon the express condition that MFRE / SWEET, and its own agents and employees, shall not be liable, without limitation, for any direct, indirect, consequential, or incidental damage, bodily injury, death, damage to property, loss, accident, delay, inconvenience, or irregularity of any kind which may be occasioned through the conduct or default of any company or individual engaged in providing these services, or by reason of any act or omission beyond its control, including without limitation, any willful or negligent act, failure to act, breach of contract of any third party such as an airline, train, hotel, restaurant or food supplier, bus, taxi, van or safari operator, local outfitter or guide, whether or not it uses the MFRE / SWEET name, which is to or does supply any goods or services for this trip. Each of these passenger conveyance companies, tour companies, hotels restaurants, etc., is subject to the laws of the state or country where the service is provided.

MFRE / SWEET shall not be liable for (a) expenses such as additional hotel nights and meals not specified in the individual trip itineraries, but which may be required to get to or from a trip start or end; (b) expenses due to the delay of a trip for any reason (e.g. bad weather, trail conditions, land slides, flooding, sickness, or other contingency for which MFRE / SWEET cannot make provisions; (c) expenses incurred in recovering luggage lost by airlines, belongings left behind on a trip, or in shipping purchases or other goods from abroad; (d) bodily injury or property damage for any reason, including but not limited to acts of God, weather, quarantines, strikes, civil disturbance, theft, default, changes in government regulations, terrorism, war, failure of conveyance to arrive or depart as scheduled, etc., or (e) stolen property, over which MFRE / SWEET has no control.

MFRE / SWEET is not responsible for any loss, injury, death, or inconvenience due to delay or changes in schedule, overbooking or downgrading of accommodations, default of any third party, attacks by animals, sickness, the lack of appropriate medical care, evacuation to same, if necessary, weather, strikes, acts of God or government, acts of terrorism, or the tGAat thereof, force majeure, war, quarantine, epidemics, or the tGAat thereof, criminal activity, or any other cause beyond its control. This includes, but is not limited to, the right of MFRE / SWEET to alter or omit any part of the itinerary, to substitute hotels, leaders, or trip features, as well as reverse the order of places to be visited and make reasonable changes in the itinerary where deemed advisable for the comfort and well being of the participants, or to change any means of conveyance without notice and without allowance of refund, with the liability for increased costs, if any, to be borne by trip members.

If MFRE / SWEET cancels any safaris, tours, treks, or expeditions, or portions thereof, due to acts of insurrections, strikes, acts of God, or any other cause beyond its control, refunds will be based upon the difference between the original trip price and the cost of services already provided.

MFRE / SWEET reserves the right to take photographic or film records of any of our trips and trip members grant MFRE / SWEET express permission to take photographic or film records of its trips for promotional and commercial use without compensation to trip members.

All Trip Applications are subject to acceptance by MFRE / SWEET in Ukiah, California. MFRE / SWEET reserves the right to accept or reject any person as a trip member at any time. MFRE / SWEET reserves the right to decline or accept – or to restrain from further participation – any person it judges to be incapable of meeting the rigors and requirements or participating in the tour activities, or any person whose actions or deportment it judges unsuitable for group travel. A refund based on the cost of any unused land services already paid for is the limit of MFRE / SWEET’s responsibility in such a case.

Any controversy, claim or cause of action arising out of or relating to this Release and Indemnity Agreement or the performance of the Released Parties of their obligation of the tour, including, without limitation, any claim or cause of action relating to bodily injury, property damage or death, shall first be submitted by Registrant and the Released Parties to non-binding mediation in Mendocino County, California. If the controversy is not settled in mediation, the controversy, claim or cause of action shall be submitted, at the sole discretion of the Released Parties, to arbitration in Mendocino County, California, in accordance with the rules of the California Code of Civil Procedure. No waiver of this agreement to arbitrate shall be enforceable on the parties, and judgment hereon may be entered by a court in Mendocino County, having subject matter jurisdiction. If Released Parties do not elect to have a controversy, claim or cause of action submitted to arbitration, exclusive jurisdiction and venue for any suit based upon a claim otherwise subject to arbitration under this agreement shall be in Mendocino County, California.

California Law requires sellers of travel to maintain a trust account or bond. This business has a trust account. Registration as a seller of travel does not constitute approval by the State of California. CST#2091755-40

I/we have read and understand this Release and Indemnity Agreement, which contains the entire and final agreement relating to the subject matter hereof. Its terms shall be binding on me/us and my/our heirs, legal representatives and assigns. If any provision of this Release and Indemnity Agreement is determined to be void, unenforceable, ineffective, or against public policy, that provision shall be disregarded and deemed removed from this Release and Indemnity Agreement, and shall not affect the remaining provisions of this Release and Indemnity Agreement. The terms of this Release and Indemnity Agreement are contractual and not mere recitals.

THIS RELEASE AND INDEMNITY AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF CALIFORNIA. VENUE FOR ANY ACTION OR LAWSUIT BETWEEN REGISTRANT, Middle Fork River Expeditions, SWEET VENTURES OR ANY OTHER RELEASED PARTY ARISING OUT OF THIS AGREEMENT OR THE TOURS OFFERED BY Middle Fork River Expeditions SHALL BE IN ALAMEDA COUNTY, CALIFORNIA.