In consideration of the services of the Escala, its respective agents, owners, officers, lessors, shareholders, volunteers, participants, employees, parent or subsidiary corporations, subcontractors, sales agents and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as "Escala"), I hereby agree to acknowledge and discharge Escala on behalf of myself, my parents, my children, my heirs, my legal and personal partners, all of my family members, assigns, administrators, wards, personal representatives and estate as follows:

1. Inherent Risks. I acknowledge that the following describes some, but not all of the risks that I might encounter while attending an Escala event or sponsored event or while participating in activities/events through the Escala. I acknowledge that Escala events/activities (including trips, climbs, hikes, treks, classes, expeditions, camping, etc.) are generally what is known as "mountaineering" type activities which entail known, unknown and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, to property or to third parties. Mountaineering activities are most commonly exploratory in nature and are considered RUGGED ADVENTURE OR RECREATIONAL ACTIVITIES. I understand and acknowledge that the enjoyment and excitement of these types of activities is derived in part from inherent risks created by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in these activities. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in Escala activities. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities of the Escala events/activities (including trips, climbs, hikes, treks, classes, expeditions, camping, etc.).
   
   I acknowledge that the inherent risks associated with climbing, hiking and/or trekking trips includes but is not limited to the following: I can slip or fall during hiking, trekking, climbing or getting to and from the activity areas; I understand that the areas in which I might hike, trek or climb and/or which are used by Escala for its activities include beautiful mountain, valley and meadow terrain; the natural beauty of these areas sometimes hide dangerous obstacles which present additional inherent risks. Those obstacles or risks include, but are not limited to: roots, branches and other debris on the trails, tree wells, tree stumps, creeks, rocks and boulders, forest deadfall, holes and depressions, submerged objects in flooded or wet areas, thin ice and deep water and varying and difficult conditions. I acknowledge that it is my sole responsibility to observe and make myself familiar with the areas in which Escala activities occur. Participants may become lost or separated from their companions in forested areas, wild and rugged terrain, or bad weather. I acknowledge that I may encounter hazards such as: loose, falling, rolling and breaking rock; unstable or loose rock, talus and/or scree slopes, boulders; snow, ice or moraine, glaciers and crevasses, rock and ice or snow avalanches or massive loosening and movement of dirt and rock; objects - whether equipment, rocks/earth/ice, timber or other participants - falling from above.
   
   I specifically acknowledge also that Escala events/activities (including trips, climbs, hikes, treks, classes, expeditions, camping, etc.) may involve lodging/ camping/bivouacking in rustic and rugged situations which may present "comfort style" issues for which I accept responsibility. I acknowledge that food preparation is an integral part of some of these activities and that I and other participants may be eating in the outdoors or community style environments and that some of the food may not be to my liking; there may be errors in food storage or preparation that could cause my dissatisfaction and/or illness; I acknowledge my responsibility to inform Escala of any specific food related allergies. Water purification systems may or may not be used and/or may or may not function correctly; I specifically acknowledge that, in the event I choose to consume alcohol during my trip, I will bear complete responsibility for myself and for any damages I may cause to Escala, its property or to other guests. I acknowledge that my time at Escala events/activities may require me to use equipment (i.e. - tents, stoves, water filtration, etc.) that I might not be familiar with and will require me to interact with other guests and participants with whom I am also unfamiliar; any of these things can cause my discomfort and stress and have inherent risks. I acknowledge that I could be left alone, unsupervised and/or out of contact with a guide/staff person for extended periods of time. I acknowledge that there are numerous other issues I may encounter, such as campfires and latrine issues which, while they seem open and obvious, also have inherent risks associated with them.
   
   I acknowledge that, in the remote locations used by Escala, participants may experience extreme environmental and/or weather conditions. Exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps or fatigue, frostbite and high altitude illnesses (HAPE and/or HACE), some or all of which may diminish my or the other participants' ability to react or respond. Common (sometimes life threatening) injuries for these types of activities include, but are not limited to the following; Page 2 of 4 Escala Release and Waiver Contract strains, sprains, burns, fractures, cuts, and/or wounds and trauma to the head or body. Participants may encounter dangerous wildlife or insects. Delays or inconvenience because of inclement weather, including but not limited to low visibility, high winds, heavy rain or snow, extreme temperature variations, etc., can occur. Communication in the terrain used by Escala for its activities can be difficult and in the event of an accident, rescue and medical treatment may be significantly delayed or unavailable. I expressly acknowledge that naturally occurring human disease processes (including, but not limited to, the currently widespread Corona Virus) occur in all environments in which this activity will take place. I acknowledge that, while Escala has taken reasonable measures to avoid contact, exposure, transmittal or contamination of the virus between people (including guests/participants, employees and other third parties) that it is my sole responsibility to safe guard myself and others. I understand and agree that, if I choose to participate in this activity, that Escala cannot and will not have any legal liabilities toward me if I contract the virus. On the other hand, if it is determined that I acted negligently or unreasonably and was responsible for transmittal of the Corona Virus (or any disease process) to other Escala participants or employees, that I may be held legally and financially responsible for that transmittal.
   
   I acknowledge that my time at Escala events/activities may require me to use technical equipment (i.e. - crampons, ropes, ice axes, carabineers and other hardware) that I might not be familiar with and that I or other participants may find difficult to use and which I or other participants may use incorrectly. This improper use or operation may include, but is not limited to: the failure to observe and obey all safety rules or instructions given to the participant by Escala or guides/staff. I acknowledge that, despite reasonable care and maintenance, essential equipment may fail, malfunction or cause injury or worse harm to myself or others.
   
   I acknowledge that I may choose to participate in Volunteer activities for the Escala and those type of activities may expose me to various additional risks and hazards. These include accidents and injuries that may result from the use of hand tools (e.g., hammers, screw drivers, shovels, picks, axes), or power tools (e.g., chain saws, table saws, electric hand saws, electric drills), or the use of step-ladders, extension ladders, or other tools and equipment. Injuries may also result from physical labor alone, such as muscle strains, cuts, bruises, or broken bones. Accidents and injuries may result from your own acts or the acts of others with whom you may be working. Risks and hazards may also include contracting Hantavirus, a serious and sometimes fatal illness resulting from exposure to rodent saliva, urine, or feces. The illness can be contracted from breathing air or dust contaminated with the virus. Mice may inhabit any of the structures on the property. Volunteer activities at any of the Escala's Lodging Facilities may require skills, knowledge, or physical exertions different from other activities you typically engage in. The risks and hazards related to Volunteer activities listed here may not be complete; other unknown or unanticipated risks and hazards may result in injury, illness, or death.
   
   I acknowledge that I may choose to participate in activities that are provided by other vendors or operators over which Escala has no control. Those activities are incidental to the activities provided by Escala and may involve errors in judgment by the other vendors and operators for which Escala can bear no liability. I acknowledge that Escala is not a "Common Carrier" but rather is in the mountaineering/association business. Transportation to and from activities is incidental to the activity. Transport and car, bus or van travel in some instances may be provided by Escala and/or Escala employees and may involve errors in judgment by Escala or staff operating the vans, buses, cars or other type transport vehicles. The vehicles and transport trailers may malfunction, break down or be poorly maintained, causing injury, accidents, delays or in the extreme case, death. Transport may be provided by independent contractors to Escala and may involve errors in judgment by those independent contractors.
   
   Furthermore, Escala guides/staff have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant's fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions and/or I as the participant may fail to understand the safety directions due to language issues. I specifically acknowledge that decisions made by guides/staff and participants are often made in wilderness/remote/dangerous settings and are made based on often imprecise, momentary and subjective perceptions so that decisions are subject to errors in judgment that cannot and should not be associated with fault at a later point in time. With knowledge of all of these issues:
   
   
2. Express Assumption of Risk. I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing it of my own free will.
3. Release and Waiver of Rights Including for Claims of NEGLIGENCE. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Escala from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Escala's equipment or facilities, including any such Claims which allege any theory of negligence including negligent acts or omissions of Escala ('Escala' being its employees and those defined in the opening paragraph of this document).
4. Indemnity. Should Escala or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement or defend against lawsuits or claims brought by me, I agree to indemnify and hold them harmless (in other words, I agree to pay for...) for all such fees and costs.
5. Personal Skill & Insurance. I certify that myself and my family, including minor children, have sufficient skill and fitness to participate in the activities offered by Escala. I/we further certify that I/we have no medical, mental or physical conditions which could interfere with my/our safety or ability to participate in these activities, or else I/we am willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition. I/we verify that any and all medical information given to Escala is accurate and all pertinent medical conditions have been disclosed; I/we also agree to inform Escala of undisclosed medical conditions that arise prior to participating in the Escala activities. I/we specifically agree to be responsible for all costs associated with medical or emergency rescue or extrication. I/we further certify that I/we have adequate insurance to cover any injury, damage or emergency transportation costs I/we may cause or suffer while participating, or else agree to bear the costs of such injury, damage or emergency transportation costs myself/ourselves.
6. Medical Issues. I further agree that, in the event that Escala deems it necessary to administer emergency first aid or CPR or to remove me from its activities or to extricate me from the field or from the remote venue in which the activities operate for ANY type of health related reason that, by signing this document, I am giving Escala permission to: administer emergency first aid or CPR, secure emergency transport or medical care and/or disclose any medical information it may have about me to any health care provider which may become involved in my care, treatment or removal from the field. By signing this document, I/we are waiving any right to object to or bring any type of action or claim against Escala for its administration of emergency first aid or CPR or for securing emergency transport or medical care and/or for the disclosure of personal medical information it may have about me/us to any health related person who becomes involved in my/our care or removal from Escala activities or the field.
7. Photographic Assignment. I understand that Escala reserves the right to take photographic or film (of whatsoever nature) records of any or all of the activities it conducts and I hereby agree that Escala may use such records for promotional and/or commercial purposes without any remuneration to me. I hereby assign all right, title and interest I may have in or to any and all media in which my name or likeness might be used by Escala.
8. Release as Contract and Personal Capacity. I expressly agree and acknowledge that the terms of this Participant Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement is contractual in nature, supported by Colorado law and that I am signing it of my own free will. I expressly acknowledge that I am not under the influence of drugs or alcohol at the time of my signing of this agreement and that there are no other impediments or reasons why I would lack the capacity to sign this document.
9. Forum Selection, Severability, Breach of Contract/Warranty Waiver, Etc. In the event I file a lawsuit against Escala, I agree to do so solely in the State of Colorado, and I further agree that the substantive law of Colorado shall apply in that action without regard to the conflict of law rules of that state. I hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise have been entitled. I agree to submit to the jurisdiction of the Colorado courts. I agree that if any portion of this agreement/contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect; this document is intended to be interpreted as broadly as possible. A copy of this release contract can be used as if it was the original. I understand that this document constitutes the entire Agreement/Contract between myself and the Escala and that it cannot be modified or changed in any way by representations or statements of any nature (be they vocal, advertising, etc.) outside of this document; in other words, I am also waiving any claims I might have for breach of contract or warranty for statements or representations made outside of this release contract.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Escala on the basis of any claim from which I have released them herein.

I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS. I ALSO ACKNOWLEDGE THAT THE TERM OF THIS RELEASE WILL BE FOR 12 MONTHS FROM THE DATE OF MY SIGNATURE AND WILL BE EFFECTIVE FOR ALL ESCALA PROGRAMS IN WHICH I MIGHT PARTICIPATE.