EXCALIBUR ADVENTURE PARK: PARTICIPANT ACKNOWLEDGMENT AND ASSUMPTION OF RISKS & RELEASE AND INDEMNITY AGREEMENT

THIS DOCUMENT CONTAINS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

Please read this entire Participant Acknowledgment and Assumption of Risks & Release and Indemnity Agreement (hereafter “Document”) carefully before signing.

ALL PARTICIPANTS 12 YEARS OF AGE OR OLDER MUST SIGN THIS DOCUMENT. FOR PARTICIPANTS UNDER 18 YEARS OF AGE (hereafter sometimes “minor,” “child,” or “children”), ONE OF THE PARTICIPANT’S PARENTS OR LEGAL GUARDIANS (hereafter “parent”) MUST ALSO SIGN ON THEIR CHILD’S BEHALF.

In consideration for Participant being permitted to participate in the services offered by Excalibur Adventure Park Limited and its owners, members, managers, officers, directors, employees, agents, representatives, and volunteers (hereafter collectively “Excalibur”), I (Participant and/or parent of a minor Participant) acknowledge and agree as follows:

ACKNOWLEDGMENT AND ASSUMPTION OF RISKS

Participating (whether simply attending, observing or actively participating) in Excalibur recreational and/or adventure activities include risks. Activities can take place on Excalibur premises, or on other private or publicly owned land in Belize and may be conducted or led by Excalibur staff, contractors, or others. Activities may include but are not limited to: boating (including rafting and kayaking); swimming; bouldering, rock climbing and rappelling; Via Ferrata (a route on a mountain face that employs steel cables, ladders, and other fixed anchors), canopy zipline tours as well as low and high challenge courses (systems which include poles, ropes, cables, ziplines, ladders, platforms, swings, climbing towers and other natural and manmade elements, over and on which participants move, with and without assistance from staff or other participants) and related equipment; hiking; use of Excalibur’s restaurant and other facilities and premises; and transportation in vans, buses or other vehicles (collectively referred to herein as “Activities”). Activities may be scheduled or unscheduled, supervised or unsupervised, day or multi-day, and include Activities undertaken during the Participant’s free and/or independent time. I acknowledge that the inherent and other risks, hazards, and dangers (collectively referred to in this Document as “risks”) of these Activities can cause injury, disease, illness, damage, death or other loss to Participant or others.

I UNDERSTAND THAT THE RISKS INCLUDE, WITHOUT LIMITATION:

1. Weather, environmental, and surface and subsurface conditions in an outdoor or wilderness environment in a foreign country that are unpredictable and dangerous, including risks associated with travel on trails or routes that may not be groomed, maintained, controlled, or marked; lightning; hurricanes; fast moving rivers or other water bodies; falling or fallen timber; mineshafts; rockfall; steep or slippery terrain; electrical storms; flashfloods; rain; wind; hail; sun exposure; geothermal geysers or geothermally heated (extremely hot) water; unstable or loose rock; wild or domestic animals; stinging, venomous and/or disease carrying animals, insects or microorganisms, including but not limited to jellyfish, poisonous snakes, and scorpions; and other natural and man-made hazards and dangers;\
2. Whether on or off Excalibur premises, boulders, ruts, creeks, irrigation ditches, uneven ground and other conditions exist, as well as other natural or manmade hazards. This includes risks associated with using any of Excalibur’s buildings, facilities, and structures, both inside and outside. In addition, a Participant may travel in areas where objects, hazards, and other dangerous latent (hidden) conditions on the land are not visible or marked and are not well-lit, and trails are not groomed, maintained, or controlled;
3. Participant’s mental, physical, or emotional condition (including use or abuse of alcohol or any prescription or non-prescription drugs), disclosed or undisclosed, known or unknown, combined with participation in the Activities, includes risks. Excalibur cannot anticipate or eliminate risks or complications posed by Participant’s mental, physical (including fitness level) or emotional condition;
4. Risks associated with Excalibur staff decision-making, judgments, and warnings, which are often based on a variety of perceptions and evaluations, which by their nature are imprecise and subject to error. These include the risk that an Excalibur staff member, a Participant, or another person may misjudge an individual’s capabilities, health, or fitness level, or misjudge terrain, weather, trail location and conditions, water-level, river and/or terrain route location, some aspect of instruction, medical treatment, use of any equipment, facilities or premises, or how best to react in certain circumstances;
5. The unavailability of immediate and quality medical attention or rescue possibilities in an isolated and remote (more than one hour away from medical facilities) location, including the limited ability to communicate with rescue and medical personnel, and to transport or evacuate a Participant from an incident location;
6. Risks associated with any outdoor or athletic activity including the risk that a Participant may overestimate their abilities or fitness; be inattentive; lose control and trip or fall and/or collide with others, the ground, or encounter other hazards; not understand the functioning of (or misuse) equipment; fail to negotiate steep, uneven or difficult terrain; not control their speed; or experience equipment malfunction;
7. The risk that equipment or gear may be misused, may not fit, or may break, fail, or malfunction. Excalibur requires use of helmets, Personal Flotation Devices, or other safety gear for some Activities. Safety gear may prevent or lessen injuries in some instances, but it is not a guarantee of safety, and injury can occur even if gear is used;
8. Risks associated with high and low challenge course elements, Via Ferrata, and zip-lines which may be as high as 300 feet off the ground, including the possibility of falling a large distance, slipping, rope burns, pinches, jolts, splinters or swaying, colliding with other Participants, and experiencing anxieties and fears associated with heights; and equipment failure or misuse;
9. Risks from rock climbing, bouldering, and rapelling including the possibility of slipping and falling partway or to the ground; burns; pinches; jolts; losing grip on the rock or a climbing hold; impacting the rock face, objects or people; being hit by rock or debris fall from above; loose or damaged climbing holds; and equipment failure or misuse, including but not limited to the failure to use a backup or tie knots while rapelling;
10. Risks associated with cave exploring, including trip-and-falls, rockfall, the presence of hazards around the edges of pits and climbs, erosion, large temperature swings, darkness, and disorientation;
11. Risks associated with rafting or kayaking in a creek or river including encountering swift or cold water; the presence of unknown obstacles such as rocks or timber; the risk that a vessel may overturn or sink; and risks associated with Personal Flotation Devices, including that it does not properly fit, it may not be available, is not properly secured, or contains a defect that may impact its ability to function;
12. Risks associated with interactions with, and reliance on, Excalibur, other Participants, contractors, vendors, or unknown third parties, including the careless or reckless behavior of other people, the possibility of inadvertent touching or unwanted sexual advances, the risk of contracting viruses and infectious diseases, and personal disclosure and/or interaction with Co-Participants;
13. Risks in accessing and using Excalibur’s facility and premises include frequent vehicle activity and traffic and/or drivers that may be careless and/or inattentive; ruts; curbs; stairs; slippery surfaces or other hazards; poor indoor or outdoor lighting conditions; and risks specifically associated with using Excalibur’s dining area including choking, allergic reactions, ingesting food or drinks that may be too hot and/or developing food-borne illnesses.
14. Risks of traveling in foreign countries, including being transported in vehicles on undeveloped, rough, mountainous and unpredictable terrain, including dangerous roads, bridges, and other infrastructure; the risks of driver error either by individuals affiliated with a third-party carrier or drivers of other vehicles; the risk of vehicle malfunction and travel in potentially unsafe vehicles including buses not equipped with seat belts; vehicular accidents or collisions; and exposure to poor sanitation and contaminated foods or water; and
15. Risks associated with Participants having free and/or independent time before, during, and after Activities. At all times, all Participants share in the responsibility for their own wellbeing; Participants will not be watched or supervised during sleeping hours.

These risks can result in Participants: falling partway or to the ground or into the water; being struck by, colliding with or impacting objects, people, animals or the bottom of a water body; experiencing vehicle collision, capsize or rollover; reacting to high altitudes, exposure to the sun and other elements, weather conditions or increased exertion; becoming lost or disoriented; and suffering gastro-intestinal complications or allergic reactions or experiencing other problems. These and other circumstances may cause heat or cold-related illnesses or conditions (including hypothermia, hyperthermia, cold water immersion and drowning, frostbite, or heat exhaustion/stroke); dehydration; hyponatremia; drowning; high altitude sickness; heart or lung complications; broken bones; paralysis or other permanent disability; mental or emotional trauma; psychiatric/psychological injuries; concussions; sunburn or other burns; illnesses (including viruses, animal/insect borne diseases, or contagious and infectious diseases such as Malaria, Dengue Fever, Zika Virus, Influenza, MRSA, and COVID-19); infections; cuts or wounds; or other injury, damage, death or loss.

I (Participant and/or parent of a minor Participant) acknowledge and agree:

• To honestly and accurately complete all Excalibur registration forms and obey all Excalibur rules, instructions, and other policies;
• That when visiting Excalibur’s premises, Participants are responsible for their own and their child’s (if any) conduct and actions at all times;
• That I am and/or my child (if any) is in good health and proper physical condition to participate in Activities; and agree that I (whether or not in conjunction with my and/or my child’s physician) am responsible for determining whether the Activities are appropriate for me/my child before I/my child participate. I agree I/my child will not consume or be under the influence of any alcohol or chemical substance during the Activities, with the exception of prescribed medication that does not adversely affect participation;
• To inform Excalibur staff of any injury (whether minor or serious) before leaving the premises;
• To disclose to Excalibur representatives any mental, physical, or emotional conditions or limitations which may affect Participant’s ability to participate, and represent that Participant is fully capable of participating without harming him or herself or others. Participants who are pregnant, or are experiencing certain medical conditions including, but not limited to, heart disease, high blood pressure, epilepsy, or back or neck conditions are strongly advised to consult with their health care professionals before participating in any Activities;
• Excalibur staff members are, and have been, available if I have further questions about the Activities or the associated risks. Parent/s give permission for their child to participate in all Activities and agree to discuss the nature of these Activities and risks with their child;
• Excalibur may contract with individuals or organizations that are independent contractors (not employees or agents of Excalibur) to provide or conduct some of the services and Activities Participants will engage in. Excalibur does not supervise or control these contractors and is not legally liable or responsible for their conduct;
• If Participant is borrowing new or used equipment from Excalibur, the equipment comes "AS-IS," and Excalibur disclaims all warranties, express or implied (including any conditions of merchantability or fitness for a particular purpose), regarding the equipment;
• Excalibur is not responsible for a Participant’s lost, stolen, or damaged personal property. In addition, a Participant may, in Excalibur’s sole discretion, be held responsible for damage to Excalibur’s premises, equipment, or property.
• The information provided above is not complete, other unknown or unanticipated activities, risks, and outcomes may exist, and Excalibur cannot assure Participant’s safety or eliminate any of these risks; during all Activities, all Participants share in the responsibility for their own well-being.

Participant is voluntarily participating with knowledge of the risks. Therefore, Participant (and parent of a minor) assumes and accepts full responsibility for the inherent and other risks (known and unknown, described above or otherwise) of the Activities and for any injury, damage, disease, illness, death, or other loss suffered by Participant (and parent of a minor) including the risk of Participant’s own negligence or other misconduct.

LIABILITY RELEASE AND INDEMNITY AGREEMENT

PLEASE READ CAREFULLY. THIS RELEASE AND INDEMNITY AGREEMENT CONTAINS A SURRENDER AND RELINQUISHMENT OF CERTAIN LEGAL RIGHTS.

I, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin, and on behalf of my child (if the Participant is a minor), hereby release, hold harmless, and agree not to make any claims or to sue Excalibur, its owners, employees, staff, associates (including referral services, tour operators, and travel agents), officers, directors, and representatives (collectively, “Released Parties”) from any and all claims of harm, injury, disease, illness, property damage, loss or even death that I, or my child (if the Participant is a minor), may suffer arising out of or in any way connected with participation in any of the Activities. THIS RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO MAKE ANY CLAIMS OR TO SUE INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL CLAIMS OF HARM, INJURY, DISEASE, ILLNESS, PROPERTY DAMAGE, LOSS, OR DEATH THAT IS CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES. AMONG OTHER THINGS, I SPECIFICALLY UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I AM AGREEING TO RELEASE THE RELEASED PARTIES (INCLUDING BUT NOT LIMITED TO EXCALIBUR) FROM ANY LIABILITY RESULTING FROM ANY OF THE RELEASED PARTIES’ NEGLIGENCE.

I, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin, and on behalf of my child (if the Participant is a minor), agree further to indemnify the Released Parties from any claim, demand, or suit brought by me, by or on behalf of the Participant (if the Participant is a minor), or anyone else, alleging harm, injury, disease, illness, property damage, loss, or death arising out of or in any way related to my, or my child’s (if the Participant is a minor) participation in any of the Activities. I AGREE TO THE TERMS OF THIS INDEMNITY AGREEMENT, EVEN IF SUCH HARM, INJURY, DISEASE, ILLNESS, PROPERTY DAMAGE, LOSS OR DEATH WAS CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES. “Indemnify” means to defend, and to pay or reimburse the Released Parties for all expenses, including costs and attorney’s fees. I understand that Florida law may limit my authority to execute a release on behalf of a minor child. I make the release and indemnity only to the extent that Florida law permits. If any clause, or portion of a clause, in this Agreement is deemed to be invalid, it shall be regarded as stricken while the remainder of this Agreement shall continue to be in full force and effect. This Agreement shall not be construed for or against a party because that party drafted it.

IF THE PARTICIPANT IS A MINOR AT ANY TIME DURING THE ACTIVITY, FLORIDA LAW REQUIRES THAT THE FOLLOWING STATEMENT BE PROVIDED IN UPPERCASE TYPE, AT LEAST 5 POINTS LARGER THAN, AND CLEARLY DISTINGUISHABLE FROM, THE REST OF THE TEXT OF THE WAIVER OR RELEASE. SECTION 744.301, FLORIDA STATUTES (2024).

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THESE ACTIVITIES, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THESE ACTIVITIES BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THESE ACTIVITIES WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THESE ACTIVITIES. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

OTHER PROVISIONS

I (Participant and/or parent of a minor Participant) acknowledge and agree:

• I understand that Excalibur reserves the right to dismiss the Participant from any Activities, or from the entire facility, if staff believe, in their sole discretion, the Participant presents a safety concern or medical risk, is disruptive, violates any rules or policies, or otherwise conducts themself in a manner detrimental to Excalibur and other Participants.

• I authorize Excalibur and/or its agents and designees, to photograph, film, record and/or otherwise capture the name, image, voice, verbal or written statement, group journal or electronic entry, video, photograph and/or visual likeness of me, my child and/or my other family members (collectively “images”), without compensation, for use in any media throughout the world in perpetuity, including for sale, reproduction or display on the internet (including Excalibur’s website, Instagram page, or other social media or web interface), in publications and/or for any informational, promotional, educational, audiovisual, exhibition, editorial, or other use in any manner that Excalibur desires. These images are the sole property of Excalibur and I waive any inspection or approval rights.

• For any of Excalibur’s equipment that I may utilize, I assume all risks of loss or damage to the equipment due to my own negligence or recklessness, and I agree to return such equipment to Excalibur in the condition I received it, other than normal wear and tear. Excalibur will determine normal wear and tear and it reserves the right to charge the Participant for the cost to repair or replace all damaged equipment. All determinations made by Excalibur are final. Equipment may only be used and operated in a careful and proper manner, pursuant to Excalibur’s rules, restrictions, and instructions, and if I am unfamiliar with the operation of any such equipment, I will ask Excalibur personnel before operating such equipment.

• I authorize Excalibur staff or other medical personnel to obtain or provide medical care for me/my child, to transport me/my child to a medical facility, and/or to provide treatment they consider necessary for my/my child's heath. I agree to the release (to or by Excalibur) of any records necessary for treatment, referral, billing or insurance purposes. I agree to pay all costs associated with any such care and/or transportation, including medical and/or airlift evacuation and associated expenses.

• I agree that any legal proceeding relating to or arising out of the Activities, this Document, my relationship with Excalibur or otherwise must be filed only in the courts located in a Belizean court of law, which will be the sole jurisdiction and venue for any such legal proceeding. Before filing a lawsuit, I agree to first attempt to settle any dispute (not settled by discussion) through mediation before a mutually acceptable mediator who is based in Belize.

• This Document is effective from the date signed until a subsequent Participant Acknowledgment and Assumption of Risks & Release and Indemnity Agreement is signed by Participant (and/or parent, if Participant is a minor) and shall remain in full force and effect for all Activities completed by the Participant up until that point.

• This Document is intended to be interpreted and enforced to the fullest extent allowed by law. If a court or any other appropriate authority finds any portion of this Document to be invalid, all other portions of this Document will remain in full force and effect and binding upon the parties.

PARTICIPANT AND/OR PARENT OF A MINOR PARTICIPANT AGREE: I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN THIS DOCUMENT AND ACKNOWLEDGE THAT IT SHALL BE EFFECTIVE AND LEGALLY BINDING UPON ME, MY SPOUSE, PARTICIPATING CHILD AND OTHER CHILDREN, AND PARTICIPANT’S/PARENT’S OTHER FAMILY MEMBERS, HEIRS, EXECUTORS, REPRESENTATIVES, SUBROGEES, ASSIGNS, AND ESTATE. ALL PARTICIPANTS MUST SIGN BELOW. IF PARTICIPANT IS A MINOR (THOSE UNDER 18 YEARS OF AGE), ONE OF THE PARTICIPANT’S PARENTS OR LEGAL GUARDIANS MUST ALSO SIGN BELOW. I ACKNOWLEDGE THAT THIS AGREEMENT IS INTENDED TO BE INTERPRETED AND ENFORCED TO THE FULLEST EXTENT ALLOWED BY LAW.

I understand that my signature is valid and legally binding whether I choose to electronically sign or sign a printable version of this Document.