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

FOR AND IN CONSIDERATION OF THE UNDERSIGNED’S PARTICIPATION IN THE ARCHAEOLOGICAL EXPERIENCE AND/OR CONSERVATION PROGRAM(S) OFFERED BY EARTHLINGS CONSERVANCY LLC (DBA EARTHLINGS CONSERVANCY), PARTICIPANT OR PARTICIPANT’S PARENT(S) OR LEGAL GUARDIAN(S) WAIVE, RELEASE AND RELINQUISH ANY AND ALL CLAIMS FOR LIABILITY AND CAUSE(S) OF ACTION AGAINST EARTHLINGS CONSERVANCY LLC (DBA EARTHLINGS CONSERVANCY), INCLUDING PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH OCCURRING TO PARTICIPANT, ARISING OUT OF PARTICIPATION, AND/OR ACTIVITIES INCIDENTAL THERETO, SUCH AS TRANSPORTATION TO AND FROM THE ARCHAEOLOGICAL AND/OR CONSERVATION SITES, INCLUDING ORDINARY NEGLIGENCE, WHENEVER OR HOWEVER THEY OCCUR AND FOR SUCH. SAID ACTIVITIES MAY CONTINUE, AND BY THIS AGREEMENT AND SUCH CLAIMS, RIGHTS, AND CAUSES OF ACTION THAT PARTICIPANT (AND PARTICIPANT’S PARENT(S) OR LEGAL GUARDIAN(S), IF APPLICABLE) MAY HAVE ARE HEREBY WAIVED, RELEASED AND RELINQUISHED, AND PARTICIPANT (AND PARENT(S)/GAURDIAN(S), IF APPLICABLE) DOES(DO) SO ON BEHALF OF MY/OUR AND PARTICIPANT’S HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS.

Participant and/or Participant’s parent(s)/guardian(s) if Participant is under 18 years of age, acknowledges, understands and assumes all risk arising out of the above referenced activity and related activities, and understands that participation in the activity involves risk and dangers, including but not limited to injuries to Participants and damages which may arise therefrom, and that I/we acknowledge that risks. These risks and dangers may be caused by the negligence of participant or negligence of others, including the Releasees. I/We further acknowledge that there may be risks and dangers not known to us or not reasonably foreseeable at this time. Participant (and participant’s parent(s)/guardian(s), if applicable) acknowledge, understand and agree that all of the risks and dangers described throughout this agreement including those caused by negligence of participant and/or others, are included within the waiver, release and relinquishment described in this release.

It is the purpose of this release to exempt, waive and release Releasees from liability for personal injury, property damage, and wrongful death, including if caused by negligence, including the negligence, if any, of Releasees. “Releasees” include Earthlings Conservancy LLC (DBA Earthlings Conservancy), and its officers, directors, agents, archaeologists, employees and volunteers.

Participant (and participant’s parent(s)/guardian(s), if applicable) agree if any claim for participant’s personal injury or wrongful death is commenced against Releasees, he/she shall defend, indemnify and save harmless Releasees from any and all claims or causes of action by whomever or whoever made are presented for personal participant’s personal injuries, property damage or wrongful death.

PARTICIPANT (AND PARTICIPANT’S PARENT(S)/GUARDIAN(S), IF APPLICABLE) ACKNOWLEDGE THAT THEY HAVE BEEN PROVIDED AND HAVE READ THE ABOVE PARAGRAPHS AND HAVE NOT RELIED UPON ANY REPRESENTATIONS OF RELEASES, THAT THEY ARE FULLY ADVISED OF THE POTENTIAL DANGERS OF THE ACTIVITIES DESCRIBED HEREIN ABOVE, AND UNDERSTAND THESE WAIVERS AND RELEASES ARE NECESSARY TO ALLOW THE EXISTENCE OF THE YOUTH ACTIVITIES.