ACKNOWLEDGMENT AND ASSUMPTION OF RISK AND RELEASE

This Acknowledgement and Assumption of Risk and Release is made and entered into
these 1st, 2nd and 3rd days of May, 2026, by TICKET HOLDER, (hereinafter referred to as “Participant”), allowing Participant to participate in activities provided by Shawn Willsey, P.L.L.C. (hereinafter referred to as “Willsey”). For purposes herein, “Activities” shall include, without limitation, the following: hiking, scrambling, walking, photography, geologic investigation, and other activities that arise during the May 1, 2, and 3 2026 field trip to Craters of the Moon for the Cones, Craters, and Cinders: The Youngest Volcanoes in Idaho trip / Ancient Crust And Fins Of Stone: City Of Rocks / Lava, Water, and More: Fascinating Geology near Hagerman

W I T N E S S E T H :
WHEREAS, Willsey is willing to allow Participant to participate in the Activities upon the condition that Participant sign and execute this Acknowledgment and Assumption of Risk and Release;
NOW THEREFORE, for good and valuable consideration, the receipt of which the Participant hereby acknowledges, the Participant, for himself/herself and his/her heirs, successors, and assigns, does hereby acknowledge and agree as follows:
1. Acknowledgement and assumption of the risk. Participant understands, appreciates and acknowledges that the Activities are inherently dangerous and are accompanied by a substantial risk of physical and/or emotional injury, death, paralysis, loss, or damage to self, property, or third parties as a result of not only the Participant’s own actions, inactions, or negligence, but from the actions, inactions, or negligence of others participating in the Activities or the conditions of the premises on which the Activities are conducted. The risks include, but are not limited to the nature of the Activities, which may include, by way of example only and not limitation, trips, slips, falls, rockfall, overexertion, heatstroke, heat exhaustion, exposure, and dehydration; the acts of other participants participating in the Activities; the Participant’s own physical condition, acts, or omissions; weather conditions; wildlife encounters; equipment failure; and the conditions of the premises on which the Activities are conducted and the surrounding grounds and terrain connected with the Activities.
PARTICIPANT EXPRESSLY AGREES AND PROMISES TO ACCEPT AND ASSUME ALL THE RISKS ASSOCIATED WITH THE ACTIVITIES, even if the risks arise out of the negligence or fault of the Participant, Willsey, or a third party. Participant’s participation in the Activities is purely voluntary, and Participant elects to participate in the Activities in spite of the risks involved therein.
2. Release and Waiver of Liability. Participant hereby knowingly and voluntarily releases, forever discharges, and agrees to defend Willsey, with counsel of Willsey’s choosing, and to indemnify and hold harmless Willsey and its members, invitees, guests, agents, servants, employees, volunteers, and representatives from any and all claims, causes of action, injuries, damages, lawsuits, liens, judgments, losses and expenses, including, without limitation, attorneys’ fees and costs of litigation, which are in any way connected with or incidental to, or which in any way arise from or relate, directly or indirectly, to Participant’s participation in the Activities, wherever or however the same may occur, and whether or not said claims arise from the alleged negligence, negligence per se, gross negligence, intentional recklessness, or willful act or omission of Willsey or its members, agents, invitees, guests, representatives, employees, successors, lawyers, insurers or assigns. Participant further agrees that Willsey or its members, agents, invitees, guests, representatives, employees, successors, lawyers, insurers, or assigns shall not be responsible for any loss or theft of Participant’s personal property.
3. Liability to Third Parties. Participant hereby agrees that he or she will indemnify and hold harmless Willsey and its members, agents, invitees, guests, representatives, employees, successors, lawyers, insurers, and assigns from all personal injuries, property damages, or other damages to any and all third parties, including but not limited to other participants in the Activities, which in any way arise from or relate, directly or indirectly, to Participant’s participation in the Activities, wherever or however the same may occur, and whether or not said claims arise from the alleged negligence, negligence per se, gross negligence, intentional recklessness, or willful act or omission of the Participant.
4. Indemnification of City for Property Loss or Damage. Participant hereby agrees that it shall be liable for, and agrees to indemnify and save Willsey and its members, agents, invitees, guests, representatives, employees, successors, lawyers, insurers or assigns harmless from any expenses which in any way arise from, relate to, are brought as a result of, or are caused by, whether directly or indirectly, Participant’s participation in the Activities, wherever or however the same may occur.
5. Rules and Regulations. Participant agrees that prior to, and during the entire time that Participant is participating in the Activities, Participant shall diligently observe and follow policies, rules and regulations, established, adopted or imposed by Willsey, whether orally or in writing.
6. Conduct. Participant agrees that he or she shall use appropriate personal protective equipment at all times when participating in the Activities. Participant agrees that he/she shall not be under the influence of, nor use alcoholic beverages or unlawful drugs at any time while Participant participates in the Activities, nor shall Participant use any legal drugs which would in any way impair Participant’s alertness or physical ability.
7. Insurance. Participant hereby certifies that he or she has adequate insurance to cover any injury or damage that he or she may cause or suffer while participating in the Activities, or alternatively, Participant agrees to personally bear the costs of such injury or damage. Participant understands that Willsey does not provide accident, health, or life insurance coverage for the Participant.
8. Emergency Care and Medical Release. Participant hereby consents to Willsey and its invitees, guests, employees, agents, or representatives, providing emergency care and/or rendering immediate aid to Participant as might be required at the time for Participant’s health and safety. Participant further consents to all medical and surgical treatment, x-ray, laboratory, anesthesia, and other medical and/or hospital procedures as may be performed or prescribed by the attending physician and/or paramedics for Participant’s immediate health and safety.
9. Attorney Fees. Should Willsey or anyone acting on its behalf, be required to incur attorney’s fees and costs to enforce this agreement, Participant agrees to indemnify and hold Willsey or anyone acting on its behalf harmless from all such fees and costs.
10. Choice of Law. In the event Participant files a lawsuit against Willsey or anyone acting on its behalf, Participant agrees to do so solely in the District Court of the State of Idaho in and for the County of Twin Falls, and further agrees that the substantive law of the state of Idaho shall apply in that action without regard to the conflict of law rules of the state of Idaho.
11. Severability. BY SIGNING THIS DOCUMENT, PARTICIPANT ACKNOWLEDGES THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED DURING PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES, PARTICIPANT MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED HIS OR HER RIGHT TO MAINTAIN A LAWSUIT AGAINST SHAWN WILLSEY, P.L.L.C. AND ANYONE ACTING ON BEHALF OF SHAWN WILLSEY, P.L.L.C., ON THE BASIS OF ANY CLAIM FROM WHICH PARTICIPANT HAS RELEASED THEM HEREIN.
Participant agrees that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect to the maximum extent permitted by law.
PARTICIPANT (AND PARTICIPANT’S GUARDIAN IF PARTICIPANT IS A MINOR) HEREBY RESPECTIVELY ACKNOWLEDGES THAT HE OR SHE HAS HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT AND TO ASK QUESTIONS RELATIVETHERETO, HAS READ AND UNDERSTANDS THE TERMS, PROVISIONS, CONDITIONS, AND RELEASES AND WAIVERS AND AGREES TO BE BOUND BY ALL TERMS, PROVISIONS, CONDITIONS, RELEASES AND WAIVERS HEREIN.
“Participant” X _____________________________________________________
Printed Name: ___________________________________________
Date: __________________________________________________
Phone: _________________________________________________
Parents or Guardians Additional Indemnification (Must be completed for Participants under the age of 18) I hereby represent I am the authorized parent or guardian of Participant, and as such, that I am legally responsible for the actions or inactions of the Participant, including, but not limited to, any damage to private or public property, and that I am legally responsible for the Participant’s welfare, including personal needs and medical expenses. By signing this Acknowledgment and Assumption of Risk and Release, I, both individually, and on behalf of the Participant, acknowledge that I have read this Acknowledgment and Assumption of Risk and Release, understand all of its terms, and agree to be bound thereby. I sign this Acknowledgment and Assumption of Risk and Release voluntarily and with full knowledge of its significance. By signing this document, I acknowledge that if anyone is hurt, or property is damaged during my child’s participation in the Activities, a court of law may find me and/or my child or ward to have waived our right to maintain a lawsuit against Shawn Willsey, P.L.L.C.
PARENT OR GUARDIAN SIGNATURE: X _____________________________________________________
Printed Name: _____________________________________________________
Date: _____________________________________________________
Phone: ____________________________________________________
By accepting these terms and conditions you have signed an electronic agreement to accept all stated herein.